IF YOU ARE INVOLVED IN A CRITICAL INCIDENT CALL 800-848-2088 IMMEDIATELY!
Critical incidents include any shooting, custody death, or serious injury. Call TMPA at 800-848-2088 24/7 immediately, before talking to anyone, so that a TMPA attorney can be present at the scene. If the 800 number is not answered, you can call the TMPA answering service directly at 512-860-2908. Please follow the procedure outlined below.
FOLLOW THESE TMPA RECOMMENDED STEPS...
Call TMPA at 800-848-2088 immediately, before talking to anyone, so that a TMPA attorney can be present at the scene.
Insist on a Garrity Warning before making any written or oral statements.
Do not speak to any criminal investigator from the local prosecutor’s office, Internal Affairs, FBI, Texas Rangers or other law enforcement agency without your attorney present.
If you are read your Miranda rights, insist on speaking to an attorney before making a statement.
Write a detailed account of the incident for your TMPA attorney and allow your TMPA attorney to review all statements before they are submitted.
Do not speak to the press!
Further details can be found by accessing the following link:
TMPA LEGAL PLAN PARTICULARS
5.3 BENEFIT ELECTION III - RETIRED OFFICERS - CIVIL AND CRIMINAL ACTIONS
A TMPA Participant (sic) who becomes a Retired Peace Officer is entitled to the following services.
a) All reasonable and necessary legal fees and expenses (see below definition) incurred by a Plan Attorney in defending Participants with regard to any civil or criminal actions that arise from any act or omission of the Participant in a critical incident, (see below definition) including, but not limited to, the use of a firearm in defense of himself or others and authorized under applicable law.
b) Reasonable and necessary legal fees and incurred by a Plan Attorney, on behalf of a Participant, to respond to the scene for any incident that would have been considered a critical incident (see below definition) if member was an active duty peace officer.
(i) Upon receipt of notification of a critical incident, the Plan Administrator will immediately notify a Plan Attorney, or an attorney of Participant’s choice, to respond to the scene and assist the Participant. Where a Plan Attorney resides within 50 aerial miles of the location of a critical incident, the Plan will pay the Participant $500 if a Plan Attorney does not arrive within two (2) hours of the Participant's notification to the Plan Administrator of a critical incident.
c) All reasonable and necessary expert witness fees, professional service fees and hearing examiner fees required for the defense of a Participant, subject to prior written approval by the Plan Administrator, in covered civil or criminal actions.
d) Reasonable and necessary legal fees and expenses to consult with a Plan Attorney prior to a civil or criminal action against a Participant when it is reasonably likely that Participant will face such action, and such action would be covered under 5.3(a). Such legal fees and expenses are limited to 3.5 billable hours unless the Plan Administrator waives that limitation in writing.
Note: If a retiree is classified as a “Reserve Peace Officer” i.e. a Peace Officer who serves in a part-time or volunteer basis for a police or public safety agency and receives the basic training necessary for licensing, then the TMPA retiree firearms insurance plan will NOT provide coverage. Those with this classification should contact the TMPA for specific reserve coverage.
2.12 Critical Incident means any conduct, act, or omission that occurs during the course and scope of a Participant’s duties that results in:
a) The death or serious bodily injury of a person; or
b) Could have resulted in the death or serious bodily injury of a person as a result of Participant intentionally discharging his or her firearm.
2.18 Legal Fees and Expenses means reasonable and necessary fees charged and expenses incurred by a Plan Attorney who represents a Participant with regard to a legal proceeding covered by this Plan.
2.34 Retired Peace Officer means a Peace Officer who is honorably retired from a law enforcement agency and retains the right to carry a concealed weapon after meeting all applicable standards, as provided by state law.
4.3 Termination of Benefits
d) When a Retired Peace Officer fails to follow any local, state or federal rules necessary to preserve current credentials that allow the Officer to carry a concealed weapon.