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

89(R) HB 4995 - Enrolled version - Bill Text

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