Texas 2009 - 81st Regular

Texas House Bill HB2378 Compare Versions

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1	1	81R9597 KCR-D
2	2	By: Heflin H.B. No. 2378
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain juvenile probation officers to
8	8	carry firearms.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 141.066, Human Resources
11	11	Code, is amended to read as follows:
12	12	Sec. 141.066. [PROHIBITION ON] CARRYING OF FIREARM BY
13	13	CERTAIN OFFICERS PROHIBITED.
14	14	SECTION 2. Section 141.066(b), Human Resources Code, is
15	15	amended to read as follows:
16	16	(b) This section does not apply to:
17	17	(1) an employee of the Texas Youth Commission; or
18	18	(2) a juvenile probation officer authorized to carry a
19	19	firearm under Section 142.006.
20	20	SECTION 3. Chapter 142, Human Resources Code, is amended by
21	21	adding Section 142.006 to read as follows:
22	22	Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A
23	23	juvenile probation officer may carry a firearm in the course of the
24	24	officer's official duties if:
25	25	(1) the juvenile probation officer possesses a
26	26	certificate of firearms proficiency issued by the Commission on Law
27	27	Enforcement Officer Standards and Education under Section
28	28	1701.258, Occupations Code; and
29	29	(2) the chief juvenile probation officer of the
30	30	juvenile probation department that employs the juvenile probation
31	31	officer authorizes the juvenile probation officer to carry a
32	32	firearm in the course of the officer's official duties.
33	33	(b) This section does not affect the sovereign immunity of
34	34	the state, an agency of the state, or a political subdivision of the
35	35	state.
36	36	SECTION 4. Section 46.15(a), Penal Code, as amended by
37	37	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
38	38	Legislature, Regular Session, 2007, is reenacted and amended to
39	39	read as follows:
40	40	(a) Sections 46.02 and 46.03 do not apply to:
41	41	(1) peace officers or special investigators under
42	42	Article 2.122, Code of Criminal Procedure, and neither section
43	43	prohibits a peace officer or special investigator from carrying a
44	44	weapon in this state, including in an establishment in this state
45	45	serving the public, regardless of whether the peace officer or
46	46	special investigator is engaged in the actual discharge of the
47	47	officer's or investigator's duties while carrying the weapon;
48	48	(2) parole officers and neither section prohibits an
49	49	officer from carrying a weapon in this state if the officer is:
50	50	(A) engaged in the actual discharge of the
51	51	officer's duties while carrying the weapon; and
52	52	(B) in compliance with policies and procedures
53	53	adopted by the Texas Department of Criminal Justice regarding the
54	54	possession of a weapon by an officer while on duty;
55	55	(3) community supervision and corrections department
56	56	officers appointed or employed under Section 76.004, Government
57	57	Code, and neither section prohibits an officer from carrying a
58	58	weapon in this state if the officer is:
59	59	(A) engaged in the actual discharge of the
60	60	officer's duties while carrying the weapon; and
61	61	(B) authorized to carry a weapon under Section
62	62	76.0051, Government Code;
63	63	(4) a judge or justice of a federal court, the supreme
64	64	court, the court of criminal appeals, a court of appeals, a district
65	65	court, a criminal district court, a constitutional county court, a
66	66	statutory county court, a justice court, or a municipal court who is
67	67	licensed to carry a concealed handgun under Subchapter H, Chapter
68	68	411, Government Code;
69	69	(5) an honorably retired peace officer or federal
70	70	criminal investigator who holds a certificate of proficiency issued
71	71	under Section 1701.357, Occupations Code, and is carrying a photo
72	72	identification that:
73	73	(A) verifies that the officer honorably retired
74	74	after not less than 15 years of service as a commissioned officer;
75	75	and
76	76	(B) is issued by a state or local law enforcement
77	77	agency;
78	78	(6) a district attorney, criminal district attorney,
79	79	county attorney, or municipal attorney who is licensed to carry a
80	80	concealed handgun under Subchapter H, Chapter 411, Government Code;
81	81	[or]
82	82	(7) an assistant district attorney, assistant
83	83	criminal district attorney, or assistant county attorney who is
84	84	licensed to carry a concealed handgun under Subchapter H, Chapter
85	85	411, Government Code;
86	86	(8) [(7)] a bailiff designated by an active judicial
87	87	officer as defined by Section 411.201, Government Code, who is:
88	88	(A) licensed to carry a concealed handgun under
89	89	Chapter 411, Government Code; and
90	90	(B) engaged in escorting the judicial officer; or
91	91	(9) a juvenile probation officer who is authorized to
92	92	carry a firearm under Section 142.006, Human Resources Code.
93	93	SECTION 5. Subchapter F, Chapter 1701, Occupations Code,
94	94	is amended by adding Section 1701.258 to read as follows:
95	95	Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE
96	96	PROBATION OFFICERS. (a) The commission and the Texas Juvenile
97	97	Probation Commission by rule shall adopt a memorandum of
98	98	understanding that establishes a training program in the use of
99	99	firearms by juvenile probation officers. The memorandum of
100	100	understanding must establish a program that provides instruction
101	101	in:
102	102	(1) legal limitations on the use of firearms and on the
103	103	powers and authority of juvenile probation officers;
104	104	(2) range firing and procedure, and firearms safety
105	105	and maintenance; and
106	106	(3) other topics determined by the commission and the
107	107	Texas Juvenile Probation Commission to be necessary for the
108	108	responsible use of firearms by juvenile probation officers.
109	109	(b) The commission shall administer the training program
110	110	and shall issue a certificate of firearms proficiency to each
111	111	juvenile probation officer the commission determines has
112	112	successfully completed the program described by Subsection (a).
113	113	(c) The commission may establish reasonable and necessary
114	114	fees for the administration of this section.
115	115	(d) This section does not affect the sovereign immunity of
116	116	the state, an agency of the state, or a political subdivision of the
117	117	state.
118	118	SECTION 6. The Commission on Law Enforcement Officer
119	119	Standards and Education and the Texas Juvenile Probation Commission
120	120	shall adopt the memorandum of understanding required by Section
121	121	1701.258, Occupations Code, as added by this Act, not later than
122	122	January 1, 2010.
123	123	SECTION 7. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2009.