73R2286 DRH-F
By Johnson H.B. No. 557
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain adult probation officers to carry
1-3 weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.03(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) The provisions of Section 46.02 of this code do not
1-8 apply to a person:
1-9 (1) in the actual discharge of his official duties as
1-10 a member of the armed forces or state military forces as defined by
1-11 Section 431.001, Government Code, or as a guard employed by a penal
1-12 institution;
1-13 (2) on his own premises or premises under his control
1-14 unless he is an employee or agent of the owner of the premises and
1-15 his primary responsibility is to act in the capacity of a security
1-16 guard to protect persons or property, in which event he must comply
1-17 with Subdivision (5) of this subsection;
1-18 (3) traveling;
1-19 (4) engaging in lawful hunting, fishing, or other
1-20 sporting activity if the weapon is a type commonly used in the
1-21 activity;
1-22 (5) who holds a security officer commission issued by
1-23 the Texas Board of Private Investigators and Private Security
1-24 Agencies, if:
2-1 (A) he is engaged in the performance of his
2-2 duties as a security officer or traveling to and from his place of
2-3 assignment;
2-4 (B) he is wearing a distinctive uniform; and
2-5 (C) the weapon is in plain view; <or>
2-6 (6) who is a peace officer, other than a person
2-7 commissioned by the Texas State Board of Pharmacy; or
2-8 (7) who is an adult probation officer:
2-9 (A) employed by a community supervision and
2-10 corrections department under Article 42.131, Code of Criminal
2-11 Procedure;
2-12 (B) authorized to carry a weapon by the director
2-13 of the department and the judges participating in the supervision
2-14 and administration of the department; and
2-15 (C) possessing a certificate of firearms
2-16 proficiency issued by the Commission on Law Enforcement Officer
2-17 Standards and Education under Section 415.037, Government Code.
2-18 SECTION 2. Subchapter B, Chapter 415, Government Code, is
2-19 amended by adding Section 415.037 to read as follows:
2-20 Sec. 415.037. FIREARMS PROFICIENCY; ADULT PROBATION
2-21 OFFICERS. (a) The Commission on Law Enforcement Officer Standards
2-22 and Education and the community justice assistance division of the
2-23 Texas Department of Criminal Justice shall adopt a memorandum of
2-24 understanding that establishes their respective responsibilities in
2-25 developing a basic training program in the use of firearms by adult
2-26 probation officers. The memorandum of understanding must establish
2-27 a program that provides instruction in:
3-1 (1) legal limitations on the use of firearms and on
3-2 the powers and authority of adult probation officers;
3-3 (2) range firing and procedure, and firearms safety
3-4 and maintenance; and
3-5 (3) other topics determined by the commission and the
3-6 division to be necessary for the responsible use of firearms by
3-7 adult probation officers.
3-8 (b) The commission and the division by rule shall adopt the
3-9 memorandum of understanding establishing the basic training
3-10 program.
3-11 (c) The Commission on Law Enforcement Officer Standards and
3-12 Education shall administer the training program and shall issue a
3-13 certificate of firearms proficiency to each adult probation officer
3-14 the commission determines has successfully completed the program
3-15 described by Subsection (a).
3-16 (d) The Commission on Law Enforcement Officer Standards and
3-17 Education may establish reasonable and necessary fees for the
3-18 administration of this section.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.
3-26 COMMITTEE AMENDMENT NO. 1
3-27 Amend H.B. No. 557 as follows:
4-1 (1) On page 2, line 7, strike "or".
4-2 (2) One page 2, line 17, between "Code" and the period,
4-3 insert the following:
4-4 "; or
4-5 (8) who is a parole officer:
4-6 (A) employed by the pardons and paroles division of
4-7 the Texas Department of Criminal Justice;
4-8 (B) authorized to carry a weapon by the director of
4-9 the division; and
4-10 (C) possessing a certificate of firearm proficiency
4-11 issued by the Commission on Law Enforcement Officers Standards and
4-12 Education under Section 415.037, Government Code".
4-13 (3) On page 2, strike lines 20-27 and substitute the
4-14 following:
4-15 "Sec. 415.037. FIREARMS PROFICIENCY; ADULT PROBATION
4-16 OFFICERS AND PAROLE OFFICERS. The Commission on Law Enforcement
4-17 Officer Standards and Education shall adopt separate memorandums of
4-18 understanding with the community justice assistance division and
4-19 the pardons and paroles division of the Texas Department of
4-20 Criminal Justice that establish the respective responsibilities of
4-21 the commission and each division in developing a basic training
4-22 program in the use of firearms by adult probation officers or by
4-23 parole officers. Each memorandum of understanding must establish a
4-24 program that provides instruction in:".
4-25 (4) On page 3, line 2, between "officers" and the semicolon,
4-26 insert "or parole officers".
4-27 (5) On page 3, line 6, strike "division" and substitute
5-1 "divisions".
5-2 (6) On page 3, line 7, between "officers" and the period,
5-3 insert "or parole officers".
5-4 (7) On page 3, line 8, strike "division" and substitute
5-5 "divisions".
5-6 (8) On page 3, line 9, strike "memorandum" and substitute
5-7 "memorandums".
5-8 (9) On page 3, line 13, after "officer", insert "or parole
5-9 officer".
5-10 Yost