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§ 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

In one sentenceSection 112.001 shields a governmental unit from civil liability for the discharge of a licensed handgun by a first responder, tactical medical professional or volunteer emergency services worker, and places that discharge outside the course and scope of their duties.

Full Text of § 112.001

Text sizeJump to: (a) (b) (c) (d)

(a)In this section:
(1)"First responder" and "volunteer emergency services personnel" have the meanings assigned by Section 46.01, Penal Code.
(2)"Governmental unit" has the meaning assigned by Section 101.001.
(3)"Tactical medical professional" has the meaning assigned by Section 411.1884, Government Code.
(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.
(d)This section may not be construed to waive the immunity from suit or liability of a governmental unit under Chapter 101 or any other law.
End

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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source