75R9247 GWK-D By Kamel, Goolsby, Turner of Coleman H.B. No. 142 Substitute the following for H.B. No. 142: By Oakley C.S.H.B. No. 142 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of a parole officer to carry certain 1-3 weapons. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 46.15, Penal Code, is amended to read as 1-6 follows: 1-7 Sec. 46.15. NONAPPLICABILITY TO PEACE OFFICERS AND PAROLE 1-8 OFFICERS. Sections 46.02 and 46.03 do not apply to peace officers 1-9 and do not apply to parole officers employed by the pardons and 1-10 paroles division of the Texas Department of Criminal Justice who 1-11 possess a certificate of firearm proficiency issued by the 1-12 Commission on Law Enforcement Officer Standards and Education under 1-13 Section 415.038, Government Code, and neither section prohibits a 1-14 peace officer or a parole officer possessing a proficiency 1-15 certificate from carrying a weapon in this state, regardless of 1-16 whether the officer is engaged in the actual discharge of the 1-17 officer's duties while carrying the weapon. 1-18 SECTION 2. Subchapter B, Chapter 415, Government Code, is 1-19 amended by adding Section 415.038 to read as follows: 1-20 Sec. 415.038. FIREARMS PROFICIENCY; PAROLE OFFICERS. 1-21 (a) The commission and the Texas Department of Criminal Justice 1-22 shall adopt a memorandum of understanding that establishes their 1-23 respective responsibilities in developing a basic training program 1-24 in the use of firearms by parole officers. The memorandum of 2-1 understanding must establish a program that provides instruction 2-2 in: 2-3 (1) legal limitations on the use of firearms and on 2-4 the powers and authority of parole officers; 2-5 (2) range firing and procedure, and firearms safety 2-6 and maintenance; and 2-7 (3) other topics determined by the commission and the 2-8 department to be necessary for the responsible use of firearms by 2-9 parole officers. 2-10 (b) The commission and the department by rule shall adopt 2-11 the memorandum of understanding establishing the basic training 2-12 program. 2-13 (c) The commission shall administer the training program and 2-14 shall issue a certificate of firearms proficiency to each parole 2-15 officer the commission determines has successfully completed the 2-16 program described by Subsection (a). 2-17 (d) The commission may establish reasonable and necessary 2-18 fees for the administration of this section. 2-19 SECTION 3. The Commission on Law Enforcement Officer 2-20 Standards and Education and the Texas Department of Criminal 2-21 Justice shall adopt the memorandum of understanding required by 2-22 this Act not later than January 1, 1998. 2-23 SECTION 4. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.