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.