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