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.