BILL ANALYSIS



H.B. 1268
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 parole 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 conjunction with the
pardons and paroles division of the Texas Department of Criminal
Justice in Section 2.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.02(b) of the Penal Code by adding a
new subsection (7) which exempts an parole officer from the
prohibition against the carrying of weapons, provided that the
parole officer is employed by the pardons and paroles division of
the Texas Department of Criminal Justice (TDCJ) and is authorized
by the department to carry a weapon.  The parole 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 and the pardons and
paroles division of the TDCJ to adopt/develop a training program
for certification of parole 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 pardons and paroles division of the
TDCJ 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. 1268 was considered by the committee in a public hearing on
March 21, 1995.  The bill was referred to the subcommittee on
"Right to Carry"; a subcommittee consisting of Representatives
Alan, Bailey, and Carter.

H.B. 1268 was considered by the subcommittee on "Right to Carry" in
a public hearing on March 27, 1995.  The following person testified
for the bill:
     Howard Gavin, representing TDCJ.
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 7 ayes, 0 nays, 1
pnv, 1 absent.