Texas Law Enforcement Stopped at Hospitals?
We saw Texas Attorney General Ken Paxton defend the rights of law-abiding Texans in 2024. When the State Fair of Texas released its unlawful policy change, he and his legal team led the charge against it. That suit is ongoing in the Dallas County District Court.
In November, they went to bat for us again. This time, with a focus on law enforcement officials and their right to carry.
Within the State of Texas, law enforcement officers are considered "Peace Officers." This includes Police Officers, Sheriffs, Constables, and other law enforcement roles. "Almost every department - local, state, and federal - considers off-duty carry to be almost mandatory," said TSRA Executive Director, John Poole. "Even off-duty, you are still a 24/7 Peace Officer."
Many TSRA Board, Past Presidents, and Members are current and retired Law Enforcement/Peace Officers.
L-R: TSRA Past Presidents: Dan Butts, Todd Jennings, Dorcia Meador and Robert Butler
At the Federal Level is the Law Enforcement Officers Safety Act (LEOSA). This has been in effect for two decades. Enacted in 2004, “LEOSA allows qualified active, retired, or separated Law Enforcement officers to carry a concealed firearm in any jurisdiction in the U.S. or U.S. Territories regardless of state or local laws.
In Texas, certain establishments cannot restrict this carry. Establishments serving the public are not allowed to restrict a peace officer from carrying an authorized weapon. This has been in effect since September 2017.
For places like the Harris County Sheriff's Office, it's more than a consideration. The HCSO policy has off-duty carry as a requirement. "While off-duty, deputies will carry or have in their immediate possession their issued badge, HCSO identification, and an approved firearm."
Memorial Hermann Health System is a domestic non-profit corporation. They are identified on their website as a "non-profit, values-driven, community-owned health system." They have several hospitals and clinics within Houston and the surrounding area. Per the definitions of the Tex. Code Crim. Proc. Ann art. 2.1305, Memorial Hermann Health System is an “establishment serving the public.”
In 2022, the AG's office learned that Memorial Hermann had prohibited a peace officer from carrying in one of their facilities. It was brought to their attention that on December 20, 2022, an off-duty peace officer was not allowed to carry. This occurred at the Memorial Hermann GoHealth Urgent Care facility in Houston.
In an attempt to reconcile without a lawsuit, letters were sent by the Attorney General. The letters were sent to Memorial Hermann Health System and Memorial Hermann GoHealth Urgent Care. A response was received dated March 16, 2023. Memorial Hermann indicated they would comply with Texas law.
But then it happened again. And again. Another incident was cited by the AG in August 2023. A retired FBI Special Agent was given the same restriction. This time it happened at the Memorial Hermann Texas Medical Center in Houston. This Peace Officer was told it was a Memorial Hermann policy in play. The policy was to not allow peace officers to carry on Memorial Hermann property.
Seven additional occurrences have been listed in the Original Petition. The Petition was filed by the Attorney General's office on November 19, 2024, in Harris County. There is a total of 10 separate events in the Petition.
Memorial Hermann Health System filed a General Denial on December 13, 2024. If not resolved sooner, a trial is set for December 1, 2025.
Story by Marissa Brinkman (sportsman@tsra.com)
January 28, 2025