89R15703 JSC-F
By: Wilson H.B. No. 4995
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns by tactical medical
professionals while on duty providing support to tactical units of
law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 112.001, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS, TACTICAL
MEDICAL PROFESSIONALS, AND VOLUNTEER EMERGENCY SERVICES PERSONNEL.
SECTION 2. Section 112.001(a), Civil Practice and Remedies
Code, is amended by adding Subdivision (3) to read as follows:
(3) "Tactical medical professional" has the meaning
assigned by Section 411.1884, Government Code.
SECTION 3. Sections 112.001(b) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(b) A governmental unit is not liable in a civil action
arising from the discharge of a handgun by an individual who is a
first responder, tactical medical professional, or volunteer
emergency services personnel and licensed to carry the handgun
under Subchapter H, Chapter 411, Government Code.
(c) The discharge of a handgun by an individual who is a
first responder, tactical medical professional, or volunteer
emergency services personnel and licensed to carry the handgun
under Subchapter H, Chapter 411, Government Code, is outside the
course and scope of the individual's duties as a first responder,
tactical medical professional, or volunteer emergency services
personnel, as applicable.
SECTION 4. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1884 to read as follows:
Sec. 411.1884. TRAINING COURSE FOR TACTICAL MEDICAL
PROFESSIONALS. (a) In this section, "tactical medical
professional" means a person who:
(1) is a physician licensed under Subtitle B, Title 3,
Occupations Code; and
(2) is employed or otherwise appointed by the head of a
law enforcement agency to provide direct support to a tactical unit
of the agency responding to a high-risk incident, by providing
medical services to victims, officers, and other persons at the
incident.
(b) The director, in consultation with the Texas Commission
on Law Enforcement, by rule shall establish minimum standards for
an initial training course that a tactical medical professional who
is a license holder may complete to receive a certification of
completion from the department under this section. The training
course must:
(1) be administered by a qualified handgun instructor;
(2) provide classroom training and field instruction
in the use of handguns; and
(3) require physical demonstrations of proficiency in
techniques learned in training.
(c) The department, in consultation with the Texas
Commission on Law Enforcement, by rule shall establish minimum
standards for an annual continuing education course that is
administered by a qualified handgun instructor for a tactical
medical professional who has completed the initial training course
described by Subsection (b).
(d) The department shall issue a certificate of completion
to a tactical medical professional who is a license holder and who
completes the initial training course under Subsection (b) or the
continuing education course under Subsection (c), as applicable. A
certificate of completion expires on the first anniversary of
issuance.
(e) A tactical medical professional is responsible for
paying to the course provider the costs of a training course under
this section.
SECTION 5. Section 30.06, Penal Code, is amended by adding
Subsection (f-2) to read as follows:
(f-2) It is a defense to prosecution under this section that
the license holder is a tactical medical professional, as defined
by Section 411.1884, Government Code, who:
(1) holds an unexpired certificate of completion under
Section 411.1884, Government Code, at the time of engaging in the
applicable conduct; and
(2) was engaged in the actual discharge of the
tactical medical professional's duties while carrying the handgun.
SECTION 6. Section 30.07, Penal Code, is amended by adding
Subsection (g-2) to read as follows:
(g-2) It is a defense to prosecution under this section that
the license holder is a tactical medical professional, as defined
by Section 411.1884, Government Code, who:
(1) holds an unexpired certificate of completion under
Section 411.1884, Government Code, at the time of engaging in the
applicable conduct; and
(2) was engaged in the actual discharge of the
tactical medical professional's duties while carrying the handgun.
SECTION 7. Section 46.15, Penal Code, is amended by adding
Subsection (s) to read as follows:
(s) In this subsection, "tactical medical professional" has
the meaning assigned by Section 411.1884, Government Code.
Sections 46.02 and 46.03 do not apply to a tactical medical
professional who:
(1) was carrying a handgun in a concealed manner or in
a shoulder or belt holster;
(2) holds an unexpired certificate of completion under
Section 411.1884, Government Code, at the time of engaging in the
applicable conduct; and
(3) was engaged in the actual discharge of the
tactical medical professional's duties while carrying the handgun.
SECTION 8. The public safety director of the Department of
Public Safety shall adopt the rules necessary to implement Section
411.1884, Government Code, as added by this Act, not later than
December 1, 2025.
SECTION 9. A qualified handgun instructor may not offer the
training course described by Section 411.1884(b), Government Code,
as added by this Act, before January 1, 2026.
SECTION 10. Section 112.001, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action that
accrues on or after September 1, 2025. A cause of action that
accrues before September 1, 2025, is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 11. The changes in law made by this Act in amending
Sections 30.06, 30.07, and 46.15, Penal Code, apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 12. This Act takes effect September 1, 2025.