By King of Uvalde H.B. No. 3408
77R8577 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 1701.258, Occupations 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 1701.258, Occupations Code;
2-26 or
2-27 (5) a judge or justice of the supreme court, the court
3-1 of criminal appeals, a court of appeals, a district court, a
3-2 criminal district court, a constitutional county court, a statutory
3-3 county court, a justice court, or a municipal court who is licensed
3-4 to carry a concealed handgun under Subchapter H, Chapter 411,
3-5 Government Code.
3-6 SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
3-7 amended by adding Section 1701.258 to read as follows:
3-8 Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE
3-9 PROBATION OFFICERS. (a) The commission and the Texas Juvenile
3-10 Probation Commission shall adopt a memorandum of understanding that
3-11 establishes their respective responsibilities in developing a basic
3-12 training program in the use of firearms by juvenile probation
3-13 officers. The memorandum of understanding must establish a program
3-14 that provides instruction in:
3-15 (1) legal limitations on the use of firearms and on
3-16 the powers and authority of juvenile probation officers;
3-17 (2) range firing and procedure, and firearms safety
3-18 and maintenance; and
3-19 (3) other topics determined by the commission and the
3-20 Texas Juvenile Probation Commission to be necessary for the
3-21 responsible use of firearms by juvenile probation officers.
3-22 (b) The commission and the Texas Juvenile Probation
3-23 Commission by rule shall adopt the memorandum of understanding
3-24 establishing the basic training program.
3-25 (c) The commission shall administer the training program and
3-26 shall issue a certificate of firearms proficiency to each juvenile
3-27 probation officer the commission determines has successfully
4-1 completed the program described by Subsection (a).
4-2 (d) The commission may establish reasonable and necessary
4-3 fees for the administration of this section.
4-4 SECTION 4. The Commission on Law Enforcement Officer
4-5 Standards and Education and the Texas Juvenile Probation Commission
4-6 shall adopt the memorandum of understanding required by Section
4-7 1701.258, Occupations Code, as added by this Act, not later than
4-8 January 1, 2002.
4-9 SECTION 5. This Act takes effect immediately if it receives
4-10 a vote of two-thirds of all the members elected to each house, as
4-11 provided by Section 39, Article III, Texas Constitution. If this
4-12 Act does not receive the vote necessary for immediate effect, this
4-13 Act takes effect September 1, 2001.