By Shapiro S.B. No. 1662
75R6197 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain community supervision and
1-3 corrections department officers and parole officers to carry
1-4 weapons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.15, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 46.15. NONAPPLICABILITY TO CERTAIN [PEACE] OFFICERS.
1-9 (a) Sections 46.02 and 46.03 do not apply to peace officers and
1-10 neither section prohibits a peace officer from carrying a weapon in
1-11 this state, regardless of whether the officer is engaged in the
1-12 actual discharge of the officer's duties while carrying the weapon.
1-13 (b) Sections 46.02 and 46.03 do not apply to parole officers
1-14 and neither section prohibits an officer from carrying a weapon in
1-15 this state if the officer is:
1-16 (1) engaged in the actual discharge of the officer's
1-17 duties while carrying the weapon; and
1-18 (2) in compliance with policies and procedures adopted
1-19 by the Texas Department of Criminal Justice regarding the
1-20 possession of a weapon by an officer while on duty.
1-21 (c) Sections 46.02 and 46.03 do not apply to community
1-22 supervision and corrections department officers appointed or
1-23 employed under Section 76.004, Government Code, and neither section
1-24 prohibits an officer from carrying a weapon in this state if the
2-1 officer is:
2-2 (1) engaged in the actual discharge of the officer's
2-3 duties while carrying the weapon; and
2-4 (2) authorized to carry a weapon under Section
2-5 76.0051, Government Code.
2-6 SECTION 2. Chapter 76, Government Code, is amended by adding
2-7 Section 76.0051 to read as follows:
2-8 Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
2-9 authorized to carry a weapon while engaged in the actual discharge
2-10 of the officer's duties only if:
2-11 (1) the officer possesses a certificate of firearm
2-12 proficiency issued by the Commission on Law Enforcement Officer
2-13 Standards and Education under Section 415.038; and
2-14 (2) the director of the department and the judges
2-15 participating in the management of the department agree to the
2-16 authorization.
2-17 SECTION 3. Subchapter B, Chapter 415, Government Code, is
2-18 amended by adding Section 415.038 to read as follows:
2-19 Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS.
2-20 (a) The commission and the Texas Department of Criminal Justice
2-21 shall adopt a memorandum of understanding that establishes their
2-22 respective responsibilities in developing a basic training program
2-23 in the use of firearms by community supervision and corrections
2-24 department officers and parole officers. The memorandum of
2-25 understanding must establish a program that provides instruction
2-26 in:
2-27 (1) legal limitations on the use of firearms and on
3-1 the powers and authority of officers;
3-2 (2) range firing and procedure, and firearms safety
3-3 and maintenance; and
3-4 (3) other topics determined by the commission and the
3-5 division to be necessary for the responsible use of firearms by
3-6 officers.
3-7 (b) The commission and the department by rule shall adopt
3-8 the memorandum of understanding establishing the basic training
3-9 program.
3-10 (c) The commission shall administer the training program and
3-11 shall issue a certificate of firearms proficiency to each community
3-12 supervision and corrections department officer or parole officer
3-13 the commission determines has successfully completed the program
3-14 described by Subsection (a).
3-15 (d) The commission may establish reasonable and necessary
3-16 fees for the administration of this section.
3-17 SECTION 4. The Commission on Law Enforcement Officer
3-18 Standards and Education and the Texas Department of Criminal
3-19 Justice shall adopt the memorandum of understanding required by
3-20 this Act not later than January 1, 1998.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.