By: Cortez (Senate Sponsor - Menéndez) H.B. No. 2584
(In the Senate - Received from the House May 8, 2019;
May 10, 2019, read first time and referred to Committee on Criminal
Justice; May 17, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 17, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2584 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a code enforcement officer performing
official duties to possess or carry an instrument used for
deterring an animal bite.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (h) to read as follows:
(h) The provisions of Sections 46.02 and 46.03 prohibiting
the possession or carrying of a club do not apply to a code
enforcement officer who:
(1) holds a certificate of registration issued under
Chapter 1952, Occupations Code; and
(2) possesses or carries an instrument used
specifically for deterring an animal bite while the officer is:
(A) performing official duties; or
(B) traveling to or from a place of duty.
SECTION 2. Section 1952.051, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The education requirements adopted under Subsection (b)
must include education regarding the principles and procedures to
be followed when possessing or carrying an instrument used
specifically for deterring an animal bite.
SECTION 3. Section 1952.1051, Occupations Code, is amended
to read as follows:
Sec. 1952.1051. CONTINUING EDUCATION. The commission by
rule shall prescribe continuing education requirements for code
enforcement officers and code enforcement officers in training
that:
(1) establish the number of hours of continuing
education required for renewal of a certificate of registration;
(2) establish an approved curriculum that includes
material regarding changes in applicable law and the principles and
procedures to be followed when possessing or carrying an instrument
used specifically for deterring an animal bite; and
(3) provide that the approved curriculum may be taught
by suitable public agencies and by private entities approved by the
department.
SECTION 4. (a) As soon as practicable after the effective
date of this Act, the Texas Commission of Licensing and Regulation
shall adopt the rules necessary to implement Sections 1952.051 and
1952.1051, Occupations Code, as amended by this Act.
(b) A code enforcement officer shall complete the education
requirements described by Section 1952.051(c), Occupations Code,
as added by this Act, before the officer may possess or carry an
instrument used specifically for deterring an animal bite as
provided by Section 46.15(h), Penal Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2019.
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