HB4995 - Relating to the carrying of handguns by tactical medical professionals while on duty providing support to tactical units of law enforcement agencies.

      H.B. No. 4995         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, or emergency medical services personnel, as   defined by Section 773.003, Health and Safety 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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4995 was passed by the House on May   13, 2025, by the following vote:  Yeas 118, Nays 22, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 4995 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 29, Nays 2.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor