TexasCHLforum.com

Alf wrote:

locke_n_load wrote:Looks like I need to join the Texas State Guard soon.

It's worthwhile work but I don't see the TSG in the HB435 text. Did it get added later? With the stipend for training and while activated, TSG wouldn't qualify as unpaid volunteers.

I don't know if "stipend" would be the same as getting paid, as they only get that if "deployed" and seems more like a reimbursement to me. They pay for their own uniforms to my understanding, don't know who wouldn't consider them volunteers.

HB435 text:

(18) "Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations.

I can't think of a group that meets the latter definition to a T.

Looks like I need to join the Texas State Guard soon.

parabelum wrote:Many of folks on my dept. are paid guys who volunteer. Exception is that some (Fort Worth FD comes to mind) paid depts. frown on volunteering...

Surely a fully certified ff/emt would easily fall under that broad "any" definition, no? If I'm a paid guy, there could always be a situation where my skills warrant for me to stop and render aid (mva, sick person in that restaurant that has 06/07 sign, or a movie theater posted...someone could have a tia there etc.).

Read 773.003 closely. Note how broad it actually is. So, if I am a paid guy, it is not unreasonable then for me to expect to have to volunteer my service to save or assist someone at some point, right? As a professional firefighter, I am always on the lookout for someone who might need my help. De facto volunteer. Always.

Also, while paid ff/ems workers are not included explicitly, note that they are also not excluded.

That's what I would think, just strange that they specifically called out "volunteers". I think a ton of people could fall under that very broad definition of "any...".

parabelum wrote:

nightmare69 wrote:I don't understand why only volunteers are are allowed to carry and not address the massive majority of full-time firefighters and EMTs who should be allowed to carry anywhere a LEO can while on-duty.

I suspect it's due to paid dept. policy/sop.

I'm not 100% sure, but all major fire/ems depts. around here (north Texas) that are paid, that I know of, have strict no guns allowed while on duty policy.

It's a political spiel you know...

Off-duty however I'd expect them to be covered under this bill as they are all ff/ems certified.

But they are not volunteers.?

So HB435 just needs to be signed by the governor to become law according to the legislature website. I wanted to see people's thoughts about who would have a defense to 30.06/07 under this bill.

Relevant Text of the Bill for this discussion:

30.06/07 amended with the following:

(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.

and the following is added to chapter 46:

SECTION 10. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations. The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.

and 773.003 reads:

(13) "Emergency medical services volunteer" means emergency medical services personnel who provide emergency prehospital care without remuneration, except reimbursement for expenses.

So right out the box, volunteer firefighters have a defense to prosecution from 06/07, and so do EMTs who work at volunteer fire departments (emergency medical services volunteer, right?), but who else could be that "any individual"?

I'm thinking:
Texas State Guard members (I think this is a definite "yes")
Possible militia/oath keepers/3%er members (but this could probably be argued)
Certified EMTs and other individuals with first aid training who are not employed for those services?

Does the "as a volunteer" mean they are a card carrying member of a group, or you have your red cross CPR certification for bad situations and don't need it for your employer?
What other certifications do you think would qualify for this defense?