JWW C.S.H.B. 329 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 329
By: Kamel
4-7-97
Committee Report (Substituted)



BACKGROUND 

Like pardons and parole officers, probation officers are often faced with
situations requiring them to visit clients in dangerous areas, both urban
and rural.  Because they are prohibited from carrying guns on duty, these
individuals are occasionally put in harm's way due to this vulnerability. 

PURPOSE

This bill will allow supervision officers employed by the community
supervision and corrections department to carry a weapon while on duty.
In addition, it requires TDCJ and the Commission on Law Enforcement
Standards and Education (TCLEOSE) to establish a program designed to train
community supervisors and parole officers proficiency in the use of
firearms. 

RULEMAKING AUTHORITY

Authority to adopt a memorandum of understanding by rule is granted to the
Commission on Law Enforcement Standards and Education and the Texas
Department of Criminal Justice in Section 415.038, Government Code. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends the heading of Section 46.15, Penal Code, by replacing
"PEACE" with   "CERTAIN". 

  (a) Renames existing subsection.

  (b) States the exemption to peace officers under Sections 42.02 and
46.03, Penal   Code will be extended to supervision and corrections
department officers.  States   that neither section prohibits a peace
officer or a supervision officer from carrying   a weapon whether on duty
or not. 

SECTION 2 Chapter 76, Government Code, is amended by adding Section
76.0051.      AUTHORIZATION TO CARRY WEAPON.  In order to carry a weapon,
an   officer must possess a certificate of proficiency issued by the
Commission on Law   Enforcement Standards and Education, and the
department director and managing   judges within the department agree to
the authorization. 

SECTION 3 Amends Subchapter B, Chapter 415, Government Code, by adding
Section   415.038.  FIREARMS PROFICIENCY; SUPERVISION OFFICERS.    

  (a) TCLEOSE and TDCJ will each adopt a memorandum of understanding of
this   section establishing the responsibilities of each agency in
developing a course   designed to train parole officers in the use of
firearms.  The training program will   address legal considerations of
community supervision and corrections     department officers carrying
firearms, range procedure, safety, maintenance and   any other topic
TCLEOSE and TDCJ determined to be necessary. 

   (b) The memorandum will be adopted by rule by TCLEOSE And TDCJ.

  (c) TCLOESE will administer the training program and issue certificates
of   proficiency to community supervision and corrections officers
successfully   completing the course. 

  (d) TCLEOSE may establish a reasonable fee to administer this section.
  
SECTION 3 TDCJ and TCLEOSE and must draft a memorandum of understanding
described   in SECTION 3 no later than January 1, 1998.  

SECTION 4 Emergency Clause.  Effective immediately upon passage.
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 Removes "AND COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICERS" from the section title. 

  (a) Labels existing subsection (a).

  (b) This subsection is added to include supervision and corrections
officers. 

SECTION 2 This Section is added.  Any officer authorized to carry a weapon
must possess a   TCLEOSE proficiency certificate and agreement from the
appropriate supervisory   personnel within the department. 

SECTION 3 This section is replaced by adding Section 415.038, Government
Code, which   establishes a firearm training program for community
supervisors and corrections   department officers to be administered by
TCLEOSE.  Rulemaking authority is   granted to TCLEOSE and TDCJ to
establish a basic handgun proficiency     training program. 

SECTION 4 This section is added to replace the effective date section in
the original bill.    TDCJ and TCLEOSE must draft a memorandum of
understanding regarding this   section no later than January 1, 1998. 

SECTION 5   Emergency clause is amended to make the Act effective upon
passage.