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.