1-1 By: Wentworth S.B. No. 254
1-2 (In the Senate - Filed January 17, 1995; January 19, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 5, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 5, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 254 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to authorizing certain supervision officers to carry
1-11 weapons.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 46.02, Penal Code, is
1-14 amended to read as follows:
1-15 (b) It is a defense to prosecution under this section that
1-16 the actor was, at the time of the commission of the offense:
1-17 (1) in the actual discharge of his official duties as
1-18 a member of the armed forces or state military forces as defined by
1-19 Section 431.001, Government Code, or as a guard employed by a penal
1-20 institution;
1-21 (2) on his own premises or premises under his control
1-22 unless he is an employee or agent of the owner of the premises and
1-23 his primary responsibility is to act in the capacity of a security
1-24 guard to protect persons or property, in which event he must comply
1-25 with Subdivision (5);
1-26 (3) traveling;
1-27 (4) engaging in lawful hunting, fishing, or other
1-28 sporting activity on the immediate premises where the activity is
1-29 conducted, or was directly en route between the premises and the
1-30 actor's residence, if the weapon is a type commonly used in the
1-31 activity;
1-32 (5) a person who holds a security officer commission
1-33 issued by the Texas Board of Private Investigators and Private
1-34 Security Agencies, if:
1-35 (A) he is engaged in the performance of his
1-36 duties as a security officer or traveling to and from his place of
1-37 assignment;
1-38 (B) he is wearing a distinctive uniform; and
1-39 (C) the weapon is in plain view; <or>
1-40 (6) a peace officer, other than a person commissioned
1-41 by the Texas State Board of Pharmacy; or
1-42 (7) a supervision officer who:
1-43 (A) is employed by a community supervision and
1-44 corrections department under Article 42.131, Code of Criminal
1-45 Procedure;
1-46 (B) is authorized to carry a weapon by the
1-47 director of the department and the judges participating in the
1-48 supervision and administration of the department; and
1-49 (C) possesses a certificate of firearms
1-50 proficiency issued by the Commission on Law Enforcement Officer
1-51 Standards and Education under Section 415.038, Government Code.
1-52 SECTION 2. Subchapter B, Chapter 415, Government Code, is
1-53 amended by adding Section 415.038 to read as follows:
1-54 Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS.
1-55 (a) The commission and the community justice assistance division
1-56 of the Texas Department of Criminal Justice shall adopt a
1-57 memorandum of understanding that establishes their respective
1-58 responsibilities in developing a basic training program in the use
1-59 of firearms by supervision officers. The memorandum of
1-60 understanding must establish a program that provides instruction
1-61 in:
1-62 (1) legal limitations on the use of firearms and on
1-63 the powers and authority of supervision officers;
1-64 (2) range firing and procedure and firearms safety and
1-65 maintenance; and
1-66 (3) other topics determined by the commission and the
1-67 division to be necessary for the responsible use of firearms by
1-68 supervision officers.
2-1 (b) The commission and the division by rule shall adopt the
2-2 memorandum of understanding establishing the basic training
2-3 program.
2-4 (c) The commission shall administer the training program and
2-5 shall issue a certificate of firearms proficiency to each
2-6 supervision officer the commission determines has successfully
2-7 completed the program described by Subsection (a).
2-8 (d) 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 and the community justice assistance
2-12 division of the Texas Department of Criminal Justice shall adopt
2-13 the memorandum of understanding required by this Act not later than
2-14 January 1, 1996.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.
2-22 * * * * *