TX Attorney Gen. Opinion Re CC for Medical Board investigtor

[AlaskanInTexas]

Interesting attorney general opinion regarding state liability for allowing employees to carry: https://www.oag.state.tx.us/opinions/op ... ga1008.pdf Here is a summary:

GA-1008
Opinion: (GA-1108) Whether the Texas Medical Board may allow its investigators who hold a concealed handgun license to carry a concealed handgun while on duty without subjecting the Board to liability.

Request for Opinion: ( RQ-1104-GA)

Summary: Texas Law does not prohibit the Texas Medical Board from allowing its investigators who are not commissioned as peace officers to carry a concealed handgun pursuant to the concealed handgun law while the investigators are on duty. Adopting a concealed handgun policy that is consistent with state law would not waive the Texas Medical Board's immunity for its own actions of a legislative character. However, we cannot predict whether a court would construe section 411.208 of the Government Code as granting a state employer immunity for the negligent use of a handgun by an employee who holds a concealed handgun license.

[Dadtodabone]

Yes, they've been looking at the policy since last year. The concern was twofold, would the Medical Board incur liability from allowing employees with CHLs to carry and/or would they incur liability by not allowing their employees to carry legally in the event of death or injury caused by a respondent in an investigation.
The increased investigation tempo involving "pill mills" where guns and illegal drugs have also been discovered lead to the request.
I believe the Railroad Commission has also taken a positive stance in regards their employees who have CHLs. Bully!

[MeMelYup]

How about hospitals with a proper 30.06 posted?

[texanjoker]

Interesting opinion. There are many state investigators that are not "peace officers" however they do pretty much the same work going out contacting suspects, unarmed. All should be allowed to carry if they hold a CHL for self defense purposes only.

[Jumping Frog]

Interesting. The open question posed by how section 411.208 would be interpreted would apply to all Texas government employees carrying under authority of a CHL.