75R9313 GWK-F                           

         By Kamel, Goolsby, McClendon,                          H.B. No. 329

            Turner of Coleman

         Substitute the following for H.B. No. 329:

         By Oakley                                          C.S.H.B. No. 329

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to authorizing certain community supervision and

 1-3     corrections department officers to carry 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 CERTAIN [PEACE] OFFICERS.

 1-8     (a)  Sections 46.02 and 46.03 do not apply to peace officers and

 1-9     neither section prohibits a peace officer from carrying a weapon in

1-10     this state, regardless of whether the officer is engaged in the

1-11     actual discharge of the officer's duties while carrying the weapon.

1-12           (b)  Sections 46.02 and 46.03 do not apply to community

1-13     supervision and corrections department officers appointed or

1-14     employed under Section 76.004, Government Code, and neither section

1-15     prohibits an officer from carrying a weapon in this state,

1-16     regardless of whether the officer is engaged in the actual

1-17     discharge of the officer's duties while carrying the weapon, if the

1-18     officer is authorized to carry a weapon under Section 76.0051,

1-19     Government Code.

1-20           SECTION 2.  Chapter 76, Government Code, is amended by adding

1-21     Section 76.0051 to read as follows:

1-22           Sec. 76.0051.  AUTHORIZATION TO CARRY WEAPON.  An officer is

1-23     authorized to carry a weapon only if:

1-24                 (1)  the officer possesses a certificate of firearm

 2-1     proficiency issued by the Commission on Law Enforcement Officer

 2-2     Standards and Education under Section 415.038; and

 2-3                 (2)  the director of the department and the judges

 2-4     participating in the management of the department agree to the

 2-5     authorization.

 2-6           SECTION 3.  Subchapter B, Chapter 415, Government Code, is

 2-7     amended by adding Section 415.038 to read as follows:

 2-8           Sec. 415.038.  FIREARMS PROFICIENCY; SUPERVISION OFFICERS.

 2-9     (a)  The commission and the Texas Department of Criminal Justice

2-10     shall adopt a memorandum of understanding that establishes their

2-11     respective responsibilities in developing a basic training program

2-12     in the use of firearms by  community supervision and corrections

2-13     department officers.  The memorandum of understanding must

2-14     establish a program that provides instruction in:

2-15                 (1)  legal limitations on the use of firearms and on

2-16     the powers and authority of officers;

2-17                 (2)  range firing and procedure, and firearms safety

2-18     and maintenance; and

2-19                 (3)  other topics determined by the commission and the

2-20     department to be necessary for the responsible use of firearms by

2-21     officers.

2-22           (b)  The commission and the department by rule shall adopt

2-23     the memorandum of understanding establishing the basic training

2-24     program.

2-25           (c)  The commission shall administer the training program and

2-26     shall issue a certificate of firearms proficiency to each community

2-27     supervision and corrections department officer the commission

 3-1     determines has successfully completed the program described by

 3-2     Subsection (a).

 3-3           (d)  The commission may establish reasonable and necessary

 3-4     fees for the administration of this section.

 3-5           SECTION 4.  The Commission on Law Enforcement Officer

 3-6     Standards and Education and the Texas Department of Criminal

 3-7     Justice shall adopt the memorandum of understanding required by

 3-8     this Act not later than January 1, 1998.

 3-9           SECTION 5.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended,

3-14     and that this Act take effect and be in force from and after its

3-15     passage, and it is so enacted.