TX Attorney Gen. Opinion Re CC for Medical Board investigtor
Posted: Tue Jun 11, 2013 5:18 pm
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.
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.