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.