BILL ANALYSIS



C.S.H.B. 243
By: Yarbrough
05-03-95
Committee Report (Substituted)


BACKGROUND

Under Section 46.03, Penal Code; by definition a judge or
magistrate is not considered a peace officer and not exempt from
the prohibition against carrying handguns that is set out under
Section 46.02, Penal Code. However, Article V, Section 12 of the
Texas Constitution provides that judges are conservators of the
peace and the Court of Criminal Appeals has upheld the exemption
from the that conservators of the peace are " Peace Officers"
within the exemption from the prohibition against carrying
handguns.

Article V, Section 12, of the Texas Constitution provides that "All
Judges of the Courts of this State, by virtue of their office, are
conservators  of the  peace throughout the State."

PURPOSE

As proposed, H.B. 243 provides a defense to prosecution for certain
individuals and requires the Commission on Law Enforcement Officer
Standards and Education to develop a weapons safety and proficiency
program.

As proposed, H.B. 243, will correct as described by Attorney
General Jim Mattox in Opinion No. JM-1050, "The incompetence of the
legislature when enacting the pistol law to have prescribed what
officers (naming names) were authorized to carry pistols."

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 46.02, Penal Code, by adding Subsection
(g), as follows:

Subsection (g) Provides that it is a defense to prosecution for
unlawful awfully    carrying of a weapon at the time of the
offense, if at the time of the offense the actor was at least 21
years of age, possessed a certificate of firearms safety and
proficiency (certificate), and was an active, full-time judge or
justice of a specified court.

SECTION 2. Amends Chapter 415B, Government Code, by adding Section
415.038, as follows:

Sec. 415.038. FIREARMS PROFICIENCY: JUDICIAL OFFICERS. (a) Requires
the Commission of Law Enforcement Officer Standards and Education
(commission) to develop and administer a weapon safety and
proficiency program for certain judges and justices. Sets forth the
requirements of the program. 
     (b) Requires the commission to develop and administer a
continuing education course in firearms safety for renewal of a
firearms proficiency certificate.
     (c) Sets forth the requirements of the examination to renew a
certificate.
     (d) The commission must issue a certificate to each judge or
justice who has successfully completed the program.  The
certificate expires after 5 years.
     (e) The commission may establish reasonable and necessary fees
for the administration of this section.

SECTION 3. Requires the commission to develop the program not later
           than January 1, 1996.

SECTION 4. Emergency clause
           Effective date: upon passage

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill did not set out the requirements of a firearms
proficiency course.  The substitute specifically outlines the
requirements of the firearms proficiency course for judicial
officers, as well as the continuing education course and renewal
requirements.

SUMMARY OF COMMITTEE ACTION
HB 243 was considered by the committee in a public hearing on March
21, 1995.
The bill was referred to a subcommittee consisting of
Representatives Allen, Bailey, and Carter.

HB 243 was considered by the subcommittee on "Right to Carry"
legislation on March 27, 1995.  The following persons testified for
HB 243:  Michael O'Neal, representing the Texas Municipal Court
Association; Lynwood Moreau, representing the Harris County Deputy
Sherriff's Union; Kevin Madison, representing himself.  The
subcommittee considered a complete substitute for the bill.  The
substitute was adopted without objection.  The bill was reported
favorably without amendment to the full committee by a record vote
of 2 ayes, 0 nays, 0 pnv, and 1 absent.

HB 243 was considered by the committee in a public hearing on April
26, 1995 when the Chairman recalled the bill from subcommittee
prior to the distribution of the subcommittee report.  The
committee considered a complete substitute for the bill.  The
substitute was adopted without objection. The bill was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 7 ayes, 0 nays, 1 pnv, and 1
absent.