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.