Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 4995 authorizes licensed tactical medical professionals to carry a handgun while on duty providing direct support to tactical law enforcement units during high-risk incidents. The bill amends the Civil Practice and Remedies Code to expand liability protections to include these professionals, ensuring governmental units are not held civilly liable for handgun discharges by such personnel during emergency responses. It also clarifies that the act of discharging a handgun in these circumstances is considered outside the scope of their official duties, limiting employer liability.

The bill creates a new training and certification structure within the Government Code, requiring tactical medical professionals—defined as licensed physicians or emergency medical services personnel working with tactical law enforcement units—to complete a handgun training course administered by a qualified instructor. The course must include classroom and field instruction as well as practical demonstrations of proficiency. Annual continuing education is also required to maintain certification, and individuals must pay for the training themselves.

Further, the bill amends sections of the Penal Code to provide a legal defense for tactical medical professionals carrying handguns in typically restricted areas (e.g., locations with 30.06 or 30.07 signage) while actively performing their tactical medical duties. It also exempts these individuals from certain general firearm restrictions (Sections 46.02 and 46.03) if they meet the training and certification standards and are carrying in a prescribed, secure manner during official activities. Overall, the bill supports both public safety and individual self-defense for those operating in life-threatening environments alongside law enforcement.

The substitute version of HB 4995 introduces several noteworthy changes and refinements compared to the originally filed version. While both versions share the core intent—authorizing tactical medical professionals to carry handguns while supporting law enforcement tactical units—the substitute version provides greater clarity, expands definitions, and strengthens implementation procedures.

One of the most significant changes is in the definition of "tactical medical professional." The original bill defined it narrowly as a physician licensed under the Occupations Code. In the substitute version, this definition is broadened to include both physicians and emergency medical services personnel as defined by Section 773.003 of the Health and Safety Code. This adjustment substantially expands the pool of eligible professionals and reflects a more realistic operational scope of tactical medical teams.

The substitute version also makes several technical and structural revisions to improve the enforceability and coherence of the bill. It reorganizes and clarifies provisions across the Civil Practice and Remedies Code, Government Code, and Penal Code. While the original bill provided immunity and training requirements, the substitute adds detailed rulemaking authority to the Texas Department of Public Safety in consultation with the Texas Commission on Law Enforcement, thus ensuring more robust oversight for the training and certification program. Moreover, the substitute includes language confirming that tactical medical professionals are financially responsible for their own training—this is consistent with the original but more explicitly stated.

In short, the substitute version broadens eligibility, enhances clarity and administrative structure, and refines the legal defenses related to weapons possession—all while maintaining the bill’s original intent to support public safety through well-regulated firearm access for trained tactical medical personnel.

Author

Terry Wilson

Contact the Author

Rep. Terry Wilson

Capitol Phone:

(512) 463-0309

Capitol Office:

EXT E2.722

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4995 will have no significant fiscal implication to the State. While the bill mandates the Department of Public Safety (DPS) and the Texas Commission on Law Enforcement (TCOLE) to establish training standards and issue certificates for tactical medical professionals, both agencies have indicated that they can implement these responsibilities within their existing resources. Specifically, although the DPS acknowledges some potential costs related to certifying course completions and developing minimum standards, these are expected to be absorbable without requiring additional funding or staff.

TCOLE also reported that it does not foresee a significant fiscal impact, likely due to the limited size of the tactical medical community and the narrowly tailored nature of the bill. Because the training will be paid for by the individual participants rather than funded by the state, and because qualified handgun instructors will be responsible for administering the programs, the administrative burden on state agencies remains minimal.

Additionally, the LBB assumes that the bill will not significantly affect state correctional populations or increase demand on correctional resources. Likewise, the fiscal impact on local governments is expected to be negligible. Local entities tasked with enforcement, prosecution, or supervision associated with any violations or legal defenses created by the bill would not experience a material change in workload or costs.

Vote Recommendation Notes

HB 4995 addresses a gap in existing law by extending liability protection and legal clarity to tactical medical professionals—physicians and EMS personnel—who support law enforcement during high-risk incidents. By allowing these professionals to carry handguns under strict training and certification conditions, the bill enhances their ability to defend themselves and others without exposing governmental entities to undue civil liability.

From a liberty-based policy perspective, HB 4995 strongly supports individual liberty and personal responsibility. It upholds the right of trained professionals to protect themselves in dangerous operational environments while imposing a clear duty to complete state-regulated training and continuing education. The bill strikes a prudent balance between empowerment and accountability by requiring a license to carry and a DPS-issued certificate of handgun training. Additionally, the bill promotes limited government by codifying narrow exemptions from certain Penal Code provisions without expanding enforcement authority or regulatory complexity.

Fiscally, the legislation is prudent. According to the Legislative Budget Board, there are no significant fiscal implications for the state or local governments. Any administrative costs incurred by the Department of Public Safety or TCOLE to implement and oversee the training programs can be absorbed within existing resources. Moreover, because the tactical medical professionals are responsible for paying for their own training, the program operates without creating new burdens on taxpayers.

In sum, HB 4995 advances key liberty-aligned goals—protection of life, individual rights, and government restraint—while ensuring public safety and legal clarity. It is a measured, targeted response to operational realities faced by tactical units and as such, Texas Policy Research recommends that lawmakers vote YES on HB 4995.

Individual Liberty: The bill enhances the individual liberty of tactical medical professionals—physicians and EMS personnel—by allowing them to carry handguns during high-risk law enforcement operations. This directly affirms the right to self-defense, particularly in dangerous and volatile environments. It acknowledges the reality that these professionals, though noncombatants, face threats similar to law enforcement officers. By extending lawful carry rights under specific conditions, the bill upholds constitutional protections under Article I, Section 23 of the Texas Constitution and the Second Amendment of the U.S. Constitution.
Personal Responsibility: The bill imposes a framework of responsibility by requiring tactical medical professionals to undergo specialized training and annual continuing education administered by certified instructors. Only those who complete these requirements and obtain a certificate from the Department of Public Safety (DPS) may legally carry a handgun in this context. This promotes a culture of responsible firearm ownership and professional accountability, ensuring that expanded rights are accompanied by rigorous standards and consequences for noncompliance.
Free Enterprise: The bill does not materially affect the free enterprise system. While it involves private certified handgun instructors in administering training, it neither creates market restrictions nor distorts competition through subsidies or mandates. Tactical medical professionals are required to pay for their own training, ensuring no new financial imposition on the state or distortion of commercial instructor services.
Private Property Rights: The bill provides a defense to prosecution under Penal Code Sections 30.06 and 30.07 (trespass with a firearm) for tactical medical professionals engaged in official duties, potentially limiting a property owner’s ability to exclude firearms in specific emergency contexts. However, this exemption is narrowly tailored to emergencies and does not broadly override property rights. The justification rests on immediate public safety concerns during high-risk law enforcement actions.
Limited Government: HB 4995 limits state liability and constrains governmental exposure to lawsuits by clarifying that any discharge of a handgun by a qualified tactical medical professional is outside the scope of their official duties and does not create liability for governmental entities. It avoids creating a new regulatory body or mandate and instead works within the existing structures of the DPS and the Texas Commission on Law Enforcement. This represents a restrained and targeted approach to addressing operational needs without unnecessary bureaucratic expansion.

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