Texas 2009 - 81st Regular

Texas Senate Bill SB1237 Compare Versions

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1	1	S.B. No. 1237
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of certain juvenile probation officers to
6	6	carry firearms.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 141.066, Human Resources
9	9	Code, is amended to read as follows:
10	10	Sec. 141.066. [PROHIBITION ON] CARRYING OF FIREARM BY
11	11	CERTAIN OFFICERS PROHIBITED.
12	12	SECTION 2. Subsection (b), Section 141.066, Human Resources
13	13	Code, is amended to read as follows:
14	14	(b) This section does not apply to:
15	15	(1) an employee of the Texas Youth Commission; or
16	16	(2) a juvenile probation officer authorized to carry a
17	17	firearm under Section 142.006.
18	18	SECTION 3. Chapter 142, Human Resources Code, is amended by
19	19	adding Section 142.006 to read as follows:
20	20	Sec. 142.006. AUTHORIZATION TO CARRY FIREARM. (a) A
21	21	juvenile probation officer may carry a firearm in the course of the
22	22	officer's official duties if:
23	23	(1) the juvenile probation officer possesses a
24	24	certificate of firearms proficiency issued by the Commission on Law
25	25	Enforcement Officer Standards and Education under Section
26	26	1701.258, Occupations Code;
27	27	(2) the chief juvenile probation officer of the
28	28	juvenile probation department that employs the juvenile probation
29	29	officer authorizes the juvenile probation officer to carry a
30	30	firearm in the course of the officer's official duties; and
31	31	(3) the juvenile probation officer has been employed
32	32	for at least one year by the juvenile probation department
33	33	described by Subdivision (2).
34	34	(b) A juvenile probation officer is disqualified from being
35	35	authorized to carry a firearm under this section if the officer has
36	36	been designated a perpetrator in a Texas Juvenile Probation
37	37	Commission abuse, neglect, or exploitation investigation.
38	38	(c) This section does not affect the sovereign immunity of
39	39	the state, an agency of the state, or a political subdivision of the
40	40	state.
41	41	SECTION 4. Subsection (a), Section 46.15, Penal Code, as
42	42	amended by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of
43	43	the 80th Legislature, Regular Session, 2007, is reenacted and
44	44	amended to read as follows:
45	45	(a) Sections 46.02 and 46.03 do not apply to:
46	46	(1) peace officers or special investigators under
47	47	Article 2.122, Code of Criminal Procedure, and neither section
48	48	prohibits a peace officer or special investigator from carrying a
49	49	weapon in this state, including in an establishment in this state
50	50	serving the public, regardless of whether the peace officer or
51	51	special investigator is engaged in the actual discharge of the
52	52	officer's or investigator's duties while carrying the weapon;
53	53	(2) parole officers and neither section prohibits an
54	54	officer from carrying a weapon in this state if the officer is:
55	55	(A) engaged in the actual discharge of the
56	56	officer's duties while carrying the weapon; and
57	57	(B) in compliance with policies and procedures
58	58	adopted by the Texas Department of Criminal Justice regarding the
59	59	possession of a weapon by an officer while on duty;
60	60	(3) community supervision and corrections department
61	61	officers appointed or employed under Section 76.004, Government
62	62	Code, and neither section prohibits an officer from carrying a
63	63	weapon in this state if the officer is:
64	64	(A) engaged in the actual discharge of the
65	65	officer's duties while carrying the weapon; and
66	66	(B) authorized to carry a weapon under Section
67	67	76.0051, Government Code;
68	68	(4) a judge or justice of a federal court, the supreme
69	69	court, the court of criminal appeals, a court of appeals, a district
70	70	court, a criminal district court, a constitutional county court, a
71	71	statutory county court, a justice court, or a municipal court who is
72	72	licensed to carry a concealed handgun under Subchapter H, Chapter
73	73	411, Government Code;
74	74	(5) an honorably retired peace officer or federal
75	75	criminal investigator who holds a certificate of proficiency issued
76	76	under Section 1701.357, Occupations Code, and is carrying a photo
77	77	identification that:
78	78	(A) verifies that the officer honorably retired
79	79	after not less than 15 years of service as a commissioned officer;
80	80	and
81	81	(B) is issued by a state or local law enforcement
82	82	agency;
83	83	(6) a district attorney, criminal district attorney,
84	84	county attorney, or municipal attorney who is licensed to carry a
85	85	concealed handgun under Subchapter H, Chapter 411, Government Code;
86	86	[or]
87	87	(7) an assistant district attorney, assistant
88	88	criminal district attorney, or assistant county attorney who is
89	89	licensed to carry a concealed handgun under Subchapter H, Chapter
90	90	411, Government Code;
91	91	(8) [(7)] a bailiff designated by an active judicial
92	92	officer as defined by Section 411.201, Government Code, who is:
93	93	(A) licensed to carry a concealed handgun under
94	94	Chapter 411, Government Code; and
95	95	(B) engaged in escorting the judicial officer; or
96	96	(9) a juvenile probation officer who is authorized to
97	97	carry a firearm under Section 142.006, Human Resources Code.
98	98	SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is
99	99	amended by adding Section 1701.258 to read as follows:
100	100	Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE
101	101	PROBATION OFFICERS. (a) The commission and the Texas Juvenile
102	102	Probation Commission by rule shall adopt a memorandum of
103	103	understanding that establishes a training program in the use of
104	104	firearms by juvenile probation officers. The memorandum of
105	105	understanding must establish a program that provides instruction
106	106	in:
107	107	(1) legal limitations on the use of firearms and on the
108	108	powers and authority of juvenile probation officers;
109	109	(2) range firing and procedure, and firearms safety
110	110	and maintenance; and
111	111	(3) other topics determined by the commission and the
112	112	Texas Juvenile Probation Commission to be necessary for the
113	113	responsible use of firearms by juvenile probation officers.
114	114	(b) The commission shall administer the training program
115	115	and shall issue a certificate of firearms proficiency to each
116	116	juvenile probation officer the commission determines has
117	117	successfully completed the program described by Subsection (a).
118	118	(c) The commission may establish reasonable and necessary
119	119	fees for the administration of this section.
120	120	(d) This section does not affect the sovereign immunity of
121	121	the state, an agency of the state, or a political subdivision of the
122	122	state.
123	123	SECTION 6. The Commission on Law Enforcement Officer
124	124	Standards and Education and the Texas Juvenile Probation Commission
125	125	shall adopt the memorandum of understanding required by Section
126	126	1701.258, Occupations Code, as added by this Act, not later than
127	127	January 1, 2010.
128	128	SECTION 7. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I hereby certify that S.B. No. 1237 passed the Senate on
136	136	April 24, 2009, by the following vote: Yeas 30, Nays 0;
137	137	May 20, 2009, Senate refused to concur in House amendments and
138	138	requested appointment of Conference Committee; May 21, 2009, House
139	139	granted request of the Senate; May 29, 2009, Senate adopted
140	140	Conference Committee Report by the following vote: Yeas 30,
141	141	Nays 1.
142	142	______________________________
143	143	Secretary of the Senate
144	144	I hereby certify that S.B. No. 1237 passed the House, with
145	145	amendments, on May 12, 2009, by the following vote: Yeas 143,
146	146	Nays 3, three present not voting; May 21, 2009, House granted
147	147	request of the Senate for appointment of Conference Committee;
148	148	May 28, 2009, House adopted Conference Committee Report by the
149	149	following vote: Yeas 130, Nays 13, one present not voting.
150	150	______________________________
151	151	Chief Clerk of the House
152	152	Approved:
153	153	______________________________
154	154	Date
155	155	______________________________
156	156	Governor