By King of Uvalde H.B. No. 1288
76R3869 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing certain juvenile probation officers to
1-3 carry firearms.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 141.066, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 141.066. CARRYING OF FIREARMS BY CERTAIN PROBATION
1-8 OFFICERS [PROHIBITION ON CARRYING FIREARM]. A probation officer
1-9 may [not] carry a firearm in the course of the probation officer's
1-10 [person's] official duties if the probation officer:
1-11 (1) is authorized to carry a firearm by the county
1-12 juvenile board; and
1-13 (2) possesses a certificate of firearms proficiency
1-14 issued by the Commission on Law Enforcement Officer Standards and
1-15 Education under Section 415.039, Government Code.
1-16 SECTION 2. Section 46.15(a), Penal Code, is amended to read
1-17 as follows:
1-18 (a) Sections 46.02 and 46.03 do not apply to:
1-19 (1) peace officers and neither section prohibits a
1-20 peace officer from carrying a weapon in this state, regardless of
1-21 whether the officer is engaged in the actual discharge of the
1-22 officer's duties while carrying the weapon;
1-23 (2) parole officers and neither section prohibits an
1-24 officer from carrying a weapon in this state if the officer is:
2-1 (A) engaged in the actual discharge of the
2-2 officer's duties while carrying the weapon; and
2-3 (B) in compliance with policies and procedures
2-4 adopted by the Texas Department of Criminal Justice regarding the
2-5 possession of a weapon by an officer while on duty;
2-6 (3) community supervision and corrections department
2-7 officers appointed or employed under Section 76.004, Government
2-8 Code, and neither section prohibits an officer from carrying a
2-9 weapon in this state if the officer is:
2-10 (A) engaged in the actual discharge of the
2-11 officer's duties while carrying the weapon; and
2-12 (B) authorized to carry a weapon under Section
2-13 76.0051, Government Code; [or]
2-14 (4) juvenile probation officers employed by the
2-15 executive director of the Texas Juvenile Probation Commission under
2-16 Chapter 141, Human Resources Code, or by a juvenile board under
2-17 Chapter 142, Human Resources Code, and neither section prohibits an
2-18 officer from carrying a firearm in this state if the officer:
2-19 (A) is engaged in the actual discharge of the
2-20 officer's duties while carrying the firearm;
2-21 (B) is authorized to carry a firearm by the
2-22 county juvenile board; and
2-23 (C) possesses a certificate of firearms
2-24 proficiency issued by the Commission on Law Enforcement Officer
2-25 Standards and Education under Section 415.039, Government Code; or
2-26 (5) a judge or justice of the supreme court, the court
2-27 of criminal appeals, a court of appeals, a district court, a
3-1 criminal district court, a constitutional county court, a statutory
3-2 county court, a justice court, or a municipal court who is licensed
3-3 to carry a concealed handgun under Subchapter H, Chapter 411,
3-4 Government Code [Article 4413(29ee), Revised Statutes].
3-5 SECTION 3. Subchapter B, Chapter 415, Government Code, is
3-6 amended by adding Section 415.039 to read as follows:
3-7 Sec. 415.039. FIREARMS PROFICIENCY; JUVENILE PROBATION
3-8 OFFICERS. (a) The commission and the Texas Juvenile Probation
3-9 Commission shall adopt a memorandum of understanding that
3-10 establishes their respective responsibilities in developing a basic
3-11 training program in the use of firearms by juvenile probation
3-12 officers. The memorandum of understanding must establish a program
3-13 that provides instruction in:
3-14 (1) legal limitations on the use of firearms and on
3-15 the powers and authority of juvenile probation officers;
3-16 (2) range firing and procedure, and firearms safety
3-17 and maintenance; and
3-18 (3) other topics determined by the commission and the
3-19 Texas Juvenile Probation Commission to be necessary for the
3-20 responsible use of firearms by juvenile probation officers.
3-21 (b) The commission and the Texas Juvenile Probation
3-22 Commission by rule shall adopt the memorandum of understanding
3-23 establishing the basic training program.
3-24 (c) The commission shall administer the training program and
3-25 shall issue a certificate of firearms proficiency to each juvenile
3-26 probation officer the commission determines has successfully
3-27 completed the program described by Subsection (a).
4-1 (d) The commission may establish reasonable and necessary
4-2 fees for the administration of this section.
4-3 SECTION 4. The Commission on Law Enforcement Officer
4-4 Standards and Education and the Texas Juvenile Probation Commission
4-5 shall adopt the memorandum of understanding required by Section
4-6 415.039, Government Code, as added by this Act, not later than
4-7 January 1, 2000.
4-8 SECTION 5. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.