Bill Text: TX SB2158 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to tactical medical officers; requiring an occupational certificate; authorizing fees.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2158 Detail]

Download: Texas-2019-SB2158-Introduced.html

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86R9731 KKR-F
By: Buckingham S.B. No. 2158

A BILL TO BE ENTITLED
AN ACT
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.