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A BILL TO BE ENTITLED
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AN ACT
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relating to tactical medical officers; requiring an occupational |
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certificate; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Response to Active |
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Shooters Act. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.128 to read as follows: |
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Art. 2.128. TACTICAL MEDICAL OFFICERS. (a) A tactical |
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medical officer may make arrests and exercise all authority given |
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to peace officers under this code, subject to written regulations |
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adopted by the law enforcement agency having jurisdiction over the |
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officer, if the tactical medical officer acts in a manner that is |
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necessary to prevent or abate the commission of an offense that |
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threatens serious bodily injury to or the death of a person. |
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(b) A person may not serve as a tactical medical officer |
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unless the person: |
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(1) is licensed or certified, as applicable, under: |
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(A) Section 773.049 or 773.0495, Health and |
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Safety Code; or |
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(B) Subtitle B, Title 3, Occupations Code; |
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(2) holds a license to carry a concealed handgun |
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issued under Subchapter H, Chapter 411, Government Code; |
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(3) is certified by the Texas Commission on Law |
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Enforcement under Section 1701.2601, Occupations Code; and |
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(4) is appointed as a tactical medical officer by a law |
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enforcement agency. |
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SECTION 3. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1872 to read as follows: |
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Sec. 411.1872. NOTICE OF SUSPENSION OR REVOCATION OF |
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CERTAIN LICENSES: TACTICAL MEDICAL OFFICER. The department shall |
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notify the Texas Commission on Law Enforcement if the department |
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takes any action against the license of a person identified by the |
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commission as a person certified under Section 1701.2601, |
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Occupations Code, including suspension or revocation. |
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SECTION 4. Section 1701.001, Occupations Code, is amended |
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by adding Subdivision (9) to read as follows: |
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(9) "Tactical medical officer" means a person who is |
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appointed as a tactical medical officer under Article 2.128, Code |
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of Criminal Procedure, and is certified under Section 1701.2601. |
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SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.2601 to read as follows: |
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Sec. 1701.2601. TACTICAL MEDICAL OFFICER CERTIFICATION; |
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REQUIRED TRAINING. (a) The commission, in conjunction with the |
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medical director for the Texas Department of Public Safety, shall |
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develop and implement a tactical medical officer training program |
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for a person to receive the certification required to be appointed |
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as a tactical medical officer under Article 2.128, Code of Criminal |
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Procedure. The training must be conducted by commission staff or a |
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person approved by the commission to provide the training. |
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(b) Before a person may receive training under this section, |
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the person must: |
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(1) hold a license to carry a concealed handgun issued |
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under Subchapter H, Chapter 411, Government Code; and |
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(2) provide the commission with the person's |
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identifying information, including the person's name and date of |
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birth, the address of the person's place of employment, and the |
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license number of the person's license to carry a concealed handgun |
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issued under Subchapter H, Chapter 411, Government Code. |
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(c) The tactical medical officer certification training |
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program must include 80 hours of instruction designed to: |
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(1) emphasize strategies for responding to an active |
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shooter incident, including securing the safety of potential |
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victims and providing medical support to peace officers responding |
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to a high-risk incident; |
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(2) educate a trainee about legal issues relating to |
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the duties of peace officers and the use of force or deadly force to |
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protect others; |
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(3) introduce a trainee to effective law enforcement |
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strategies and techniques; |
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(4) improve a trainee's proficiency with the use of a |
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handgun and rifle; |
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(5) improve a trainee's proficiency in providing |
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effective medical care in tactical situations and to victims of an |
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active shooter incident; and |
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(6) enable a trainee to respond to an emergency |
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situation requiring deadly force. |
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(d) The commission, in consultation with licensed |
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psychologists, shall develop and administer a psychological |
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examination to a trainee to determine if the trainee is |
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psychologically fit to carry out the duties of a tactical medical |
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officer, including duties relating to an emergency shooting or an |
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active shooter incident. The commission may not issue a tactical |
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medical officer certificate to a trainee if the results of the |
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examination indicate that the trainee is not psychologically fit to |
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carry out the duties of a tactical medical officer. |
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(e) The commission may rely on the results of a |
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psychological examination of a trainee conducted by the trainee's |
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employer to determine if the trainee is psychologically fit under |
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Subsection (d). |
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(f) The commission shall charge reasonable fees to cover the |
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cost of: |
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(1) conducting the tactical medical officer |
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certification training program; and |
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(2) issuing or renewing a tactical medical officer |
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certificate. |
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(g) The commission shall issue a tactical medical officer |
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certificate to a person for purposes of eligibility for appointment |
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as a tactical medical officer if the person: |
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(1) satisfactorily completes the training under this |
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section as determined by commission staff; and |
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(2) based on an examination under Subsection (d), is |
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determined to be psychologically fit to carry out the duties of a |
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tactical medical officer. |
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(h) A tactical medical officer certificate issued under |
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this section expires on the certificate holder's first birthday |
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occurring on or after the fourth anniversary of the date the |
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certificate was issued. |
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(i) A tactical medical officer certificate issued under |
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this section may be renewed if the certificate holder: |
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(1) successfully completes at least 16 hours of |
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continuing education before the date of renewal; and |
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(2) satisfactorily demonstrates the certificate |
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holder's handgun proficiency as determined by commission staff. |
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(j) The commission shall revoke a person's tactical medical |
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officer certificate if the commission is notified by the Texas |
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Department of Public Safety that the certificate holder's license |
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to carry a concealed handgun issued under Subchapter H, Chapter |
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411, Government Code, has been suspended or revoked. |
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(k) If a person's tactical medical officer certificate |
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expires and is not renewed or the certificate is revoked by the |
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commission, the commission shall immediately report the expiration |
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or revocation to: |
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(1) the director of the Texas Department of Public |
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Safety; |
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(2) the person's employer; and |
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(3) as applicable: |
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(A) if the person is employed by an emergency |
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medical services provider or first responder organization located |
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within a municipality, the chief law enforcement officer of the |
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municipality's law enforcement agency; or |
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(B) if the person is employed by an emergency |
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medical services provider or first responder organization located |
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outside of a municipality, the sheriff of the county in which the |
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employer is located. |
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(l) A person whose tactical medical officer certificate |
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expires or is revoked by the commission may obtain recertification |
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by: |
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(1) furnishing proof to the commission that the |
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person's concealed handgun license has been reinstated; |
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(2) retaking and completing the training program |
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required under this section as determined by commission staff; |
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(3) paying the fee for the training program; and |
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(4) demonstrating psychological fitness by taking the |
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examination required by Subsection (d). |
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(m) The commission may submit the personally identifying |
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information of a tactical medical officer certificate holder that |
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is obtained under Subsection (b) to: |
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(1) the director of the Texas Department of Public |
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Safety; |
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(2) the person's employer; and |
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(3) as applicable: |
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(A) if the person is employed by an emergency |
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medical services provider or first responder organization located |
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within a municipality, the chief law enforcement officer of the |
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municipality's law enforcement agency; or |
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(B) if the person is employed by an emergency |
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medical services provider or first responder organization located |
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outside of a municipality, the sheriff of the county in which the |
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employer is located. |
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(n) Personally identifying information about a person that |
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is provided by the person to the commission under this section or |
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that is provided to a person described by Subsection (m) is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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(o) The commission shall adopt rules necessary to implement |
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this section. |
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SECTION 6. Section 1701.301, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.301. LICENSE OR CERTIFICATE REQUIRED. (a) |
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Except as provided by Sections 1701.310, 1701.311, and 1701.405, a |
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person may not appoint or employ a person to serve as an officer, |
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county jailer, school marshal, public security officer, or |
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telecommunicator unless the person holds an appropriate license |
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issued by the commission. |
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(b) A person may not be appointed as a tactical medical |
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officer under Article 2.128, Code of Criminal Procedure, unless the |
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person holds a tactical medical officer certificate issued by the |
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commission under this section. |
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SECTION 7. The Texas Commission on Law Enforcement shall |
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establish a tactical medical officer certification training |
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program as required by Section 1701.2601, Occupations Code, as |
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added by this Act, not later than January 1, 2020. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Law Enforcement shall adopt |
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rules necessary to implement Section 1701.2601, Occupations Code, |
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as added by this Act. |
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SECTION 9. This Act takes effect September 1, 2019. |