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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain juvenile probation officers to |
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carry firearms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 141.066, Human Resources |
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Code, is amended to read as follows: |
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Sec. 141.066. [PROHIBITION ON] CARRYING OF FIREARM BY |
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CERTAIN OFFICERS PROHIBITED. |
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SECTION 2. Section 141.066(b), Human Resources Code, is |
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amended to read as follows: |
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(b) This section does not apply to: |
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(1) an employee of the Texas Youth Commission; or |
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(2) a juvenile probation officer authorized to carry a |
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firearm under Section 142.006. |
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SECTION 3. Chapter 142, Human Resources Code, is amended by |
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adding Section 142.006 to read as follows: |
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Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A |
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juvenile probation officer may carry a firearm in the course of the |
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officer's official duties if: |
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(1) the juvenile probation officer possesses a |
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certificate of firearms proficiency issued by the Commission on Law |
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Enforcement Officer Standards and Education under Section |
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1701.258, Occupations Code; and |
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(2) the chief juvenile probation officer of the |
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juvenile probation department that employs the juvenile probation |
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officer authorizes the juvenile probation officer to carry a |
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firearm in the course of the officer's official duties. |
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(b) This section does not affect the sovereign immunity of |
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the state, an agency of the state, or a political subdivision of the |
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state. |
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SECTION 4. Section 46.15(a), Penal Code, as amended by |
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Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) a judge or justice of a federal court, the supreme |
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court, the court of criminal appeals, a court of appeals, a district |
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court, a criminal district court, a constitutional county court, a |
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statutory county court, a justice court, or a municipal court who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(5) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that: |
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(A) verifies that the officer honorably retired |
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after not less than 15 years of service as a commissioned officer; |
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and |
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(B) is issued by a state or local law enforcement |
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agency; |
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(6) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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[or] |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(8) [(7)] a bailiff designated by an active judicial |
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officer as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a concealed handgun under |
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Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; or |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code. |
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SECTION 5. Subchapter F, Chapter 1701, Occupations Code, |
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is amended by adding Section 1701.258 to read as follows: |
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Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE |
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PROBATION OFFICERS. (a) The commission and the Texas Juvenile |
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Probation Commission by rule shall adopt a memorandum of |
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understanding that establishes a training program in the use of |
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firearms by juvenile probation officers. The memorandum of |
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understanding must establish a program that provides instruction |
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in: |
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(1) legal limitations on the use of firearms and on the |
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powers and authority of juvenile probation officers; |
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(2) range firing and procedure, and firearms safety |
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and maintenance; and |
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(3) other topics determined by the commission and the |
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Texas Juvenile Probation Commission to be necessary for the |
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responsible use of firearms by juvenile probation officers. |
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(b) The commission shall administer the training program |
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and shall issue a certificate of firearms proficiency to each |
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juvenile probation officer the commission determines has |
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successfully completed the program described by Subsection (a). |
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(c) The commission may establish reasonable and necessary |
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fees for the administration of this section. |
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(d) This section does not affect the sovereign immunity of |
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the state, an agency of the state, or a political subdivision of the |
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state. |
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SECTION 6. The Commission on Law Enforcement Officer |
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Standards and Education and the Texas Juvenile Probation Commission |
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shall adopt the memorandum of understanding required by Section |
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1701.258, Occupations Code, as added by this Act, not later than |
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January 1, 2010. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |