Eligibility & Texas law
Who this applies to, in plain language
Texas law sets several conditions for on-duty carry by a first responder. Training is one of them. It is not the only one.
Last reviewed against the primary sources below.
The short version
Two Texas laws work together. Government Code §411.1883 creates a training course for certain first responders who hold a License to Carry. Local Government Code Chapter 179 says when a first responder in a smaller municipality or county may carry on duty, and what the employer can and cannot do about it.
Whether a particular person may carry on duty depends on all of the conditions below—and on facts about your locality and department that only you and your legal counsel can confirm.
Conditions in current law
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The locality is covered by Chapter 179
Local Government Code Chapter 179 applies only to a municipality with a population of 30,000 or less, or a county with a population of 250,000 or less, that has not adopted Chapter 174 (the fire and police employee collective-bargaining law).
Local Gov’t Code §179.002
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The person is a “first responder” as the law defines it
The statutes use the Penal Code definition: a public safety employee whose duties include responding rapidly to an emergency. It includes fire protection personnel and emergency medical services personnel. It does not include volunteer emergency services personnel, EMS volunteers, or peace officers performing law-enforcement duties.
Penal Code §46.01
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The employer has adopted an authorizing policy
A municipal or county department, or a private entity, that employs or supervises first responders serving a covered locality may adopt a policy authorizing on-duty carry. Without that policy, a first responder it employs or supervises may not carry on duty under this chapter.
Local Gov’t Code §179.052
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The person holds a Texas License to Carry
The training course and the carry provisions both apply to a first responder who is a license holder under Government Code Chapter 411, Subchapter H.
Gov’t Code §411.1883(b); Local Gov’t Code §179.051–.052
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The person holds an unexpired certificate of completion
Texas DPS issues a certificate to a license-holding first responder who completes the initial course or the annual continuing education course. A certificate expires on the first anniversary of issuance.
Gov’t Code §411.1883(d)
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Required liability insurance is in place
A first responder must maintain liability insurance of at least $1 million if they carry a handgun while on duty and the handgun is not an essential part of their duties.
Local Gov’t Code §179.053
What the training statute requires
Under Government Code §411.1883, the initial course must:
- be administered by a qualified handgun instructor;
- include not more than 40 hours of instruction;
- provide classroom training in self-defense, de-escalation, tactical thinking about cover and concealment, secure concealed and open carry, and the consequences of improper use of a handgun;
- provide field instruction, including instinctive or reactive shooting, tactical shooting, shooting while moving, and shooting in low light;
- require physical demonstrations of proficiency; and
- cover securing and storing a handgun where carrying it is prohibited.
The annual continuing education course may include not more than 10 hours of instruction. The statute also says the first responder is responsible for paying the course provider; how a department chooses to fund training is a matter for the department and its counsel.
What employers may still do
Chapter 179 does not stop a covered municipality or county from prohibiting an individual first responder from carrying based on that person’s conduct, or from limiting carry to the extent necessary to ensure it does not interfere with the first responder’s duties. Public complaints may be grounds for prohibiting or limiting a specific first responder’s carry.
Storage
Where carrying is prohibited by federal law or otherwise, the first responder must secure and store the handgun using a device approved by DPS, and is responsible for procuring it or reimbursing the employer for it.
Discharge
Chapter 179 states that a first responder may discharge a handgun while on duty only in self-defense.
Tactical medical professionals follow a different law
Physicians and EMS personnel who support a law enforcement agency’s tactical unit are covered by a separate statute, Government Code §411.1884, added by H.B. 4995 in 2025. The conditions on this page do not apply to that course. See Tactical Medical Professional.
A note on “H.B. 1069” and §411.184
House Bill 1069 (2021) created this framework, and older materials cite the training statute as Government Code §411.184. That section was renumbered §411.1883 effective September 1, 2023. If you see §411.184 cited for this course, it is out of date.
What we can and cannot tell you
We can explain how the course works, what your department will need to host it, and which legal questions departments commonly need answered. We cannot determine whether the law applies to your municipality, county, private entity, or any individual, and nothing on this site or in the department-fit check is a legal determination.
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