§ 112.001.Certain Actions of First Responders, Tactical Medical Professionals, and Volunteer Emergency Services Personnel
Title 5. Governmental Liability · Chapter 112. Limitation of Liability for Governmental Units · Last amended 2025 · Last verified August 29, 2026
Full Text of § 112.001
Plain-English Summary
A one-section chapter, aimed at a single question: who answers when an emergency worker who carries a licensed handgun fires it.
The governmental unit is not liable in a civil action arising from that discharge, where the person is a first responder, a tactical medical professional, or volunteer emergency services personnel licensed to carry under the state handgun licensing subchapter.
The second rule is the one that does the work. The discharge is declared outside the course and scope of the individual’s duties.
Course and scope is the hinge of governmental liability. The Tort Claims Act reaches an employee’s conduct within the scope of employment, and placing the act outside that scope removes the connection the claim would need.
The chapter borrows every definition rather than writing its own. "First responder" and "volunteer emergency services personnel" come from the Penal Code, "tactical medical professional" from the Government Code, and "governmental unit" from Section 101.001.
Immunity is untouched. Subsection (d) says the section may not be read to waive a governmental unit’s immunity from suit or liability under Chapter 101 or any other law.
Nothing here immunizes the person who fired. The chapter speaks to the unit’s exposure and to the employment relationship, and leaves the individual’s own liability where it found it.
Frequently Asked Questions
Who does this section cover?
First responders, tactical medical professionals and volunteer emergency services personnel who are licensed to carry a handgun under the state licensing subchapter.
Is the governmental unit liable if one of them fires a handgun?
No. The section says the unit is not liable in a civil action arising from the discharge, and places the discharge outside the course and scope of the person’s duties.
Does this protect the individual who fired?
No. It addresses the governmental unit’s liability and the scope of employment, not the individual’s own liability.
Amendment History
- Added by Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 1, eff. September 1, 2017.
- Amended by:
- Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 2, eff. September 1, 2021.
- Acts 2025, 89th Leg., R.S., Ch. 1116 (H.B. 4995), Sec. 1, eff. September 1, 2025.
- Acts 2025, 89th Leg., R.S., Ch. 1116 (H.B. 4995), Sec. 2, eff. September 1, 2025.
- Acts 2025, 89th Leg., R.S., Ch. 1116 (H.B. 4995), Sec. 3, eff. September 1, 2025.