By Johnson H.B. No. 355
74R1976 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain supervision officers to carry
1-3 weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.02(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) It is a defense to prosecution under this section that
1-8 the actor was, at the time of the commission of the offense:
1-9 (1) in the actual discharge of his official duties as
1-10 a member of the armed forces or state military forces as defined by
1-11 Section 431.001, Government Code, or as a guard employed by a penal
1-12 institution;
1-13 (2) on his own premises or premises under his control
1-14 unless he is an employee or agent of the owner of the premises and
1-15 his primary responsibility is to act in the capacity of a security
1-16 guard to protect persons or property, in which event he must comply
1-17 with Subdivision (5);
1-18 (3) traveling;
1-19 (4) engaging in lawful hunting, fishing, or other
1-20 sporting activity on the immediate premises where the activity is
1-21 conducted, or was directly en route between the premises and the
1-22 actor's residence, if the weapon is a type commonly used in the
1-23 activity;
1-24 (5) a person who holds a security officer commission
2-1 issued by the Texas Board of Private Investigators and Private
2-2 Security Agencies, if:
2-3 (A) he is engaged in the performance of his
2-4 duties as a security officer or traveling to and from his place of
2-5 assignment;
2-6 (B) he is wearing a distinctive uniform; and
2-7 (C) the weapon is in plain view; <or>
2-8 (6) a peace officer, other than a person commissioned
2-9 by the Texas State Board of Pharmacy; or
2-10 (7) a supervision officer who:
2-11 (A) is employed by a community supervision and
2-12 corrections department under Article 42.131, Code of Criminal
2-13 Procedure;
2-14 (B) is authorized to carry a weapon by the
2-15 director of the department and the judges participating in the
2-16 supervision and administration of the department; and
2-17 (C) possesses a certificate of firearms
2-18 proficiency issued by the Commission on Law Enforcement Officer
2-19 Standards and Education under Section 415.038, Government Code.
2-20 SECTION 2. Subchapter B, Chapter 415, Government Code, is
2-21 amended by adding Section 415.038 to read as follows:
2-22 Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS.
2-23 (a) The commission and the community justice assistance division
2-24 of the Texas Department of Criminal Justice shall adopt a
2-25 memorandum of understanding that establishes their respective
2-26 responsibilities in developing a basic training program in the use
2-27 of firearms by supervision officers. The memorandum of
3-1 understanding must establish a program that provides instruction
3-2 in:
3-3 (1) legal limitations on the use of firearms and on
3-4 the powers and authority of supervision officers;
3-5 (2) range firing and procedure, and firearms safety
3-6 and maintenance; and
3-7 (3) other topics determined by the commission and the
3-8 division to be necessary for the responsible use of firearms by
3-9 supervision officers.
3-10 (b) The commission and the division by rule shall adopt the
3-11 memorandum of understanding establishing the basic training
3-12 program.
3-13 (c) The commission shall administer the training program and
3-14 shall issue a certificate of firearms proficiency to each
3-15 supervision officer the commission determines has successfully
3-16 completed the program described by Subsection (a).
3-17 (d) The commission may establish reasonable and necessary
3-18 fees for the administration of this section.
3-19 SECTION 3. The Commission on Law Enforcement Officer
3-20 Standards and Education and the community justice assistance
3-21 division of the Texas Department of Criminal Justice shall adopt
3-22 the memorandum of understanding required by this Act not later than
3-23 January 1, 1996.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.