BILL ANALYSIS

S.B. 1879

By: Schwertner

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been calls for the state to do more to ensure that county jailers who need to carry a firearm in their official duties are properly trained to do so. S.B. 1879 seeks to answer these calls by providing for the development of a basic training program in the use of firearms by county jailers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1879 amends the Occupations Code to require the Texas Commission on Law Enforcement (TCOLE) to develop a basic training program in the use of firearms by county jailers. The bill sets out the required components of the training program and requires TCOLE to administer the program and to issue a certificate of firearms proficiency to each county jailer TCOLE determines has successfully completed the program. The bill authorizes a county jailer who is issued such a certificate and who maintains weapons proficiency as provided by the bill to carry a firearm during the course of performing duties as a county jailer, including while transporting persons confined in the county jail, and while traveling to or from the jailer's place of assignment.

S.B. 1879 requires an agency that employs one or more county jailers who have been issued a certificate of firearms proficiency under the bill's provisions to designate a firearms proficiency officer and require the jailers to demonstrate weapons proficiency to the officer at least annually. The bill requires the agency to maintain records of the weapons proficiency of the agency's jailers and establishes that a jailer's failure to demonstrate weapons proficiency does not affect the jailer's license issued by TCOLE. The bill authorizes TCOLE, on request, to waive the requirement for a county jailer to demonstrate weapons proficiency if TCOLE determines that the requirement causes a hardship.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.