Bill Text: TX SB2158 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to tactical medical officers; requiring an occupational certificate; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2158 Detail]
Download: Texas-2019-SB2158-Introduced.html
86R9731 KKR-F | ||
By: Buckingham | S.B. No. 2158 |
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relating to tactical medical officers; requiring an occupational | ||
certificate; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Response to Active | ||
Shooters Act. | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.128 to read as follows: | ||
Art. 2.128. TACTICAL MEDICAL OFFICERS. (a) A tactical | ||
medical officer may make arrests and exercise all authority given | ||
to peace officers under this code, subject to written regulations | ||
adopted by the law enforcement agency having jurisdiction over the | ||
officer, if the tactical medical officer acts in a manner that is | ||
necessary to prevent or abate the commission of an offense that | ||
threatens serious bodily injury to or the death of a person. | ||
(b) A person may not serve as a tactical medical officer | ||
unless the person: | ||
(1) is licensed or certified, as applicable, under: | ||
(A) Section 773.049 or 773.0495, Health and | ||
Safety Code; or | ||
(B) Subtitle B, Title 3, Occupations Code; | ||
(2) holds a license to carry a concealed handgun | ||
issued under Subchapter H, Chapter 411, Government Code; | ||
(3) is certified by the Texas Commission on Law | ||
Enforcement under Section 1701.2601, Occupations Code; and | ||
(4) is appointed as a tactical medical officer by a law | ||
enforcement agency. | ||
SECTION 3. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.1872 to read as follows: | ||
Sec. 411.1872. NOTICE OF SUSPENSION OR REVOCATION OF | ||
CERTAIN LICENSES: TACTICAL MEDICAL OFFICER. The department shall | ||
notify the Texas Commission on Law Enforcement if the department | ||
takes any action against the license of a person identified by the | ||
commission as a person certified under Section 1701.2601, | ||
Occupations Code, including suspension or revocation. | ||
SECTION 4. Section 1701.001, Occupations Code, is amended | ||
by adding Subdivision (9) to read as follows: | ||
(9) "Tactical medical officer" means a person who is | ||
appointed as a tactical medical officer under Article 2.128, Code | ||
of Criminal Procedure, and is certified under Section 1701.2601. | ||
SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.2601 to read as follows: | ||
Sec. 1701.2601. TACTICAL MEDICAL OFFICER CERTIFICATION; | ||
REQUIRED TRAINING. (a) The commission, in conjunction with the | ||
medical director for the Texas Department of Public Safety, shall | ||
develop and implement a tactical medical officer training program | ||
for a person to receive the certification required to be appointed | ||
as a tactical medical officer under Article 2.128, Code of Criminal | ||
Procedure. The training must be conducted by commission staff or a | ||
person approved by the commission to provide the training. | ||
(b) Before a person may receive training under this section, | ||
the person must: | ||
(1) hold a license to carry a concealed handgun issued | ||
under Subchapter H, Chapter 411, Government Code; and | ||
(2) provide the commission with the person's | ||
identifying information, including the person's name and date of | ||
birth, the address of the person's place of employment, and the | ||
license number of the person's license to carry a concealed handgun | ||
issued under Subchapter H, Chapter 411, Government Code. | ||
(c) The tactical medical officer certification training | ||
program must include 80 hours of instruction designed to: | ||
(1) emphasize strategies for responding to an active | ||
shooter incident, including securing the safety of potential | ||
victims and providing medical support to peace officers responding | ||
to a high-risk incident; | ||
(2) educate a trainee about legal issues relating to | ||
the duties of peace officers and the use of force or deadly force to | ||
protect others; | ||
(3) introduce a trainee to effective law enforcement | ||
strategies and techniques; | ||
(4) improve a trainee's proficiency with the use of a | ||
handgun and rifle; | ||
(5) improve a trainee's proficiency in providing | ||
effective medical care in tactical situations and to victims of an | ||
active shooter incident; and | ||
(6) enable a trainee to respond to an emergency | ||
situation requiring deadly force. | ||
(d) The commission, in consultation with licensed | ||
psychologists, shall develop and administer a psychological | ||
examination to a trainee to determine if the trainee is | ||
psychologically fit to carry out the duties of a tactical medical | ||
officer, including duties relating to an emergency shooting or an | ||
active shooter incident. The commission may not issue a tactical | ||
medical officer certificate to a trainee if the results of the | ||
examination indicate that the trainee is not psychologically fit to | ||
carry out the duties of a tactical medical officer. | ||
(e) The commission may rely on the results of a | ||
psychological examination of a trainee conducted by the trainee's | ||
employer to determine if the trainee is psychologically fit under | ||
Subsection (d). | ||
(f) The commission shall charge reasonable fees to cover the | ||
cost of: | ||
(1) conducting the tactical medical officer | ||
certification training program; and | ||
(2) issuing or renewing a tactical medical officer | ||
certificate. | ||
(g) The commission shall issue a tactical medical officer | ||
certificate to a person for purposes of eligibility for appointment | ||
as a tactical medical officer if the person: | ||
(1) satisfactorily completes the training under this | ||
section as determined by commission staff; and | ||
(2) based on an examination under Subsection (d), is | ||
determined to be psychologically fit to carry out the duties of a | ||
tactical medical officer. | ||
(h) A tactical medical officer certificate issued under | ||
this section expires on the certificate holder's first birthday | ||
occurring on or after the fourth anniversary of the date the | ||
certificate was issued. | ||
(i) A tactical medical officer certificate issued under | ||
this section may be renewed if the certificate holder: | ||
(1) successfully completes at least 16 hours of | ||
continuing education before the date of renewal; and | ||
(2) satisfactorily demonstrates the certificate | ||
holder's handgun proficiency as determined by commission staff. | ||
(j) The commission shall revoke a person's tactical medical | ||
officer certificate if the commission is notified by the Texas | ||
Department of Public Safety that the certificate holder's license | ||
to carry a concealed handgun issued under Subchapter H, Chapter | ||
411, Government Code, has been suspended or revoked. | ||
(k) If a person's tactical medical officer certificate | ||
expires and is not renewed or the certificate is revoked by the | ||
commission, the commission shall immediately report the expiration | ||
or revocation to: | ||
(1) the director of the Texas Department of Public | ||
Safety; | ||
(2) the person's employer; and | ||
(3) as applicable: | ||
(A) if the person is employed by an emergency | ||
medical services provider or first responder organization located | ||
within a municipality, the chief law enforcement officer of the | ||
municipality's law enforcement agency; or | ||
(B) if the person is employed by an emergency | ||
medical services provider or first responder organization located | ||
outside of a municipality, the sheriff of the county in which the | ||
employer is located. | ||
(l) A person whose tactical medical officer certificate | ||
expires or is revoked by the commission may obtain recertification | ||
by: | ||
(1) furnishing proof to the commission that the | ||
person's concealed handgun license has been reinstated; | ||
(2) retaking and completing the training program | ||
required under this section as determined by commission staff; | ||
(3) paying the fee for the training program; and | ||
(4) demonstrating psychological fitness by taking the | ||
examination required by Subsection (d). | ||
(m) The commission may submit the personally identifying | ||
information of a tactical medical officer certificate holder that | ||
is obtained under Subsection (b) to: | ||
(1) the director of the Texas Department of Public | ||
Safety; | ||
(2) the person's employer; and | ||
(3) as applicable: | ||
(A) if the person is employed by an emergency | ||
medical services provider or first responder organization located | ||
within a municipality, the chief law enforcement officer of the | ||
municipality's law enforcement agency; or | ||
(B) if the person is employed by an emergency | ||
medical services provider or first responder organization located | ||
outside of a municipality, the sheriff of the county in which the | ||
employer is located. | ||
(n) Personally identifying information about a person that | ||
is provided by the person to the commission under this section or | ||
that is provided to a person described by Subsection (m) is | ||
confidential and is not subject to disclosure under Chapter 552, | ||
Government Code. | ||
(o) The commission shall adopt rules necessary to implement | ||
this section. | ||
SECTION 6. Section 1701.301, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1701.301. LICENSE OR CERTIFICATE REQUIRED. (a) | ||
Except as provided by Sections 1701.310, 1701.311, and 1701.405, a | ||
person may not appoint or employ a person to serve as an officer, | ||
county jailer, school marshal, public security officer, or | ||
telecommunicator unless the person holds an appropriate license | ||
issued by the commission. | ||
(b) A person may not be appointed as a tactical medical | ||
officer under Article 2.128, Code of Criminal Procedure, unless the | ||
person holds a tactical medical officer certificate issued by the | ||
commission under this section. | ||
SECTION 7. The Texas Commission on Law Enforcement shall | ||
establish a tactical medical officer certification training | ||
program as required by Section 1701.2601, Occupations Code, as | ||
added by this Act, not later than January 1, 2020. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the Texas Commission on Law Enforcement shall adopt | ||
rules necessary to implement Section 1701.2601, Occupations Code, | ||
as added by this Act. | ||
SECTION 9. This Act takes effect September 1, 2019. |