By Uresti                                             H.B. No. 2595
         76R5955 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the applicability of certain weapons offenses to a
 1-3     judge or justice.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 46.15(a), Penal Code, is amended to read
 1-6     as follows:
 1-7           (a)  Sections 46.02 and 46.03 do not apply to:
 1-8                 (1)  peace officers and neither section prohibits a
 1-9     peace officer from carrying a weapon in this state, regardless of
1-10     whether the officer is engaged in the actual discharge of the
1-11     officer's duties while carrying the weapon;
1-12                 (2)  parole officers and neither section prohibits an
1-13     officer from carrying a weapon in this state if the officer is:
1-14                       (A)  engaged in the actual discharge of the
1-15     officer's duties while carrying the weapon; and
1-16                       (B)  in compliance with policies and procedures
1-17     adopted by the Texas Department of Criminal Justice regarding the
1-18     possession of a weapon by an officer while on duty;
1-19                 (3)  community supervision and corrections department
1-20     officers appointed or employed under Section 76.004, Government
1-21     Code, and neither section prohibits an officer from carrying a
1-22     weapon in this state if the officer is:
1-23                       (A)  engaged in the actual discharge of the
1-24     officer's duties while carrying the weapon; and
 2-1                       (B)  authorized to carry a weapon under Section
 2-2     76.0051, Government Code; or
 2-3                 (4)  a judge or justice of the supreme court, the court
 2-4     of criminal appeals, a court of appeals, a district court, a
 2-5     criminal district court, a constitutional county court, a statutory
 2-6     county court, a justice court, or a municipal court who:
 2-7                       (A)  is licensed to carry a concealed handgun
 2-8     under Subchapter H, Chapter 411, Government Code; or
 2-9                       (B)  holds a certificate of firearms proficiency
2-10     issued by the Commission on Law Enforcement Officer Standards and
2-11     Education under Section 415.039, Government Code [Article
2-12     4413(29ee), Revised Statutes].
2-13           SECTION 2.  Subchapter B, Chapter 415, Government Code, is
2-14     amended by adding Section 415.039 to read as follows:
2-15           Sec. 415.039.  FIREARMS PROFICIENCY; JUDICIAL OFFICERS.  (a)
2-16     In this section, "judicial officer" means a person serving as a
2-17     judge or justice of the supreme court, the court of criminal
2-18     appeals, a court of appeals, a district court, a criminal district
2-19     court, a constitutional county court, a statutory county court, a
2-20     justice court, or a municipal court.
2-21           (b)  The commission by rule shall establish a basic training
2-22     program in the use of firearms by judicial officers.  The program
2-23     must provide instruction in:
2-24                 (1)  legal limitations on the use of firearms and on
2-25     the powers and authority of judicial officers;
2-26                 (2)  range firing and procedure and firearms safety and
2-27     maintenance; and
 3-1                 (3)  other topics determined by the commission to be
 3-2     necessary for the responsible use of firearms by judicial officers.
 3-3           (c)  The commission shall develop and administer the training
 3-4     program and shall issue a certificate of firearms proficiency to
 3-5     each judicial officer the commission determines has successfully
 3-6     completed the program.
 3-7           (d)  The commission may establish reasonable and necessary
 3-8     fees for the administration of this section.
 3-9           SECTION 3.  This Act takes effect September 1, 1999.
3-10           SECTION 4.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended.