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.