BILL ANALYSIS



H.B. 355
By: Johnson
04-27-95
Committee Report (Unamended)


BACKGROUND

The Texas Constitution guarantees every citizen the right to keep
and bear arms in the lawful defense of himself or the State.  The
constitution also delegates the power to               regulate by
law, the wearing of firearms to the Legislature "with a view to
prevent crime."  In this regard, the Legislature has limited the
class of persons authorized to carry weapons.  Section 46.02 of the
Penal Code creates an offense for "intentionally, knowingly, or            recklessly" carrying on or about his person a
"handgun, illegal knife, or club."  This prohibition does not
address the carrying of rifles or shotguns.

Section 46.02 of the Penal Code lists the persons or situations
excluded from the prohibition against carrying a weapon.  The
following persons or situations are allowed to carry weapons: (1)
a member of the armed forces or state military forces defined by
Section 431.001; (2) on his own premises or premises under his
control; (3) traveling; (4) engaging in lawful hunting, fishing, or
other sporting activity; and (5) a security officer or traveling to
and from his place of assignment; or (6) a peace officer.

PURPOSE

To allow supervision officers to carry weapons.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Texas Commission on Law
Enforcement Officer Standards and Education in combination with the
Texas Department of Criminal Justice in Section 2 of the bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.02(b) of the Penal Code by adding a
new subsection (7) which exempts an supervision officer from the
prohibition against the carrying of weapons, provided that the
supervision officer is employed by the community supervision and
corrections department and is authorized by the department to carry
a weapon.  The supervision officer must also possess a certificate
of firearm proficiency issued by the Texas Commission on Law
Enforcement Officer Standards and Education.

SECTION 2.  Amends Subchapter B, Chapter 415 of the Government Code
to add a new Section 415.038 which requires the Commission on Law
Enforcement Officer Standards and Education to adopt/develop a
training program for certification of supervision officers.                The commission is allowed to establish fees for the
administration of the section.

SECTION 3.  States that the Commission on Law Enforcement Officer
Standards and Education and the community justice assistance
division of the Texas Department of Criminal Justice shall adopt
the memorandum of understanding required by this Act not later than
January 1, 1996.

SECTION 4.  Declares an emergency and suspends the rules.

SUMMARY OF COMMITTEE ACTION

H.B. 355 was considered by the committee in a public hearing on
March 31, 1995.  The bill was referred to the subcommittee on
"Right to Carry"; a subcommittee consisting of Representatives
Allen, Bailey, and Carter.  

H.B. 355 was considered by the subcommittee on "Right to Carry" in
a public hearing on March 27, 1995.  The following person testified
for the bill:
     Richard Brice, representing 27 Community Supervision and
Corrections Departments.
The bill was left pending.

After being recalled from subcommittee, the bill was considered by
the committee in a formal meeting on April 25, 1995.  The bill was
reported favorably without amendment, with the recommendation that
it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0
pnv, 1 absent.