By Yarbrough                                           H.B. No. 243
       74R2311 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the carrying of certain weapons by judges and justices.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 46.02, Penal Code, is amended by adding
    1-5  Subsection (g) to read as follows:
    1-6        (g)  It is a defense to prosecution under this section that
    1-7  the actor, at the time of the commission of the offense:
    1-8              (1)  was 21 years of age or older;
    1-9              (2)  possessed a certificate of firearms safety and
   1-10  proficiency issued by the Commission on Law Enforcement Officer
   1-11  Standards and Education under Section 415.038, Government Code; and
   1-12              (3)  was one of the following:
   1-13                    (A)  an active, full-time judge or justice of the
   1-14  supreme court, the court of criminal appeals, a court of appeals, a
   1-15  district court, a criminal district court, a statutory county
   1-16  court, or a municipal court;
   1-17                    (B)  an active, full-time justice of the peace;
   1-18  or
   1-19                    (C)  a senior judge designated under Section
   1-20  75.001, Government Code, or a judicial officer as defined by
   1-21  Section 75.001, 831.001, or 836.001, Government Code.
   1-22        SECTION 2.  Subchapter B, Chapter 415, Government Code, is
   1-23  amended by adding Section 415.038 to read as follows:
   1-24        Sec. 415.038.  FIREARMS PROFICIENCY; JUDICIAL OFFICERS.  (a)
    2-1  The commission shall develop and administer a weapons safety and
    2-2  proficiency program for judges and justices listed under Section
    2-3  46.02(g), Penal Code.  The program must include not more than 15
    2-4  hours training in the responsible and accurate use of firearms.
    2-5  The commission shall issue a certificate of firearms safety and
    2-6  proficiency to each judge or justice the commission determines has
    2-7  successfully completed the program.
    2-8        (b)  The commission may establish reasonable and necessary
    2-9  fees for the administration of this section.
   2-10        SECTION 3.  The Commission on Law Enforcement Officer
   2-11  Standards and Education shall develop the weapons safety and
   2-12  proficiency program required by this Act not later than January 1,
   2-13  1996.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.