BILL ANALYSIS H.B. 658 By: Tepper Homeland Security, Public Safety & Veterans' Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Current state law allows juvenile probation officers to carry firearms in the course of their official duties. However, these officers have not been specifically authorized to carry firearms anywhere while they are not engaged in official duties. Additionally, the Penal Code does not specifically criminalize attempting to take a firearm away from a juvenile probation officer. The author has informed the committee that a law enforcement officer from the Lubbock County Juvenile Justice Center has asked for legislation to address these issues. H.B. 658 seeks to do so by authorizing juvenile probation officers to carry a firearm at any time, regardless of whether they are engaged in official duties, and by including juvenile probation officers within the scope of Penal Code provisions making it an offense to take a firearm or weapon from certain individuals working in public safety. 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 H.B. 658 amends the Code of Criminal Procedure to prohibit an establishment serving the public from prohibiting or otherwise restricting an honorably retired peace officer or other qualified retired law enforcement officer who holds a certificate of weapons proficiency and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry. The bill also prohibits such an establishment from prohibiting or otherwise restricting a community supervision and corrections department officer or a juvenile probation officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon. These bill provisions apply only to a cause of action that accrues on or after the bill's effective date. H.B. 658 amends the Government Code to replace the authorization for a community supervision and corrections department officer to carry a weapon while engaged in the actual discharge of their duties if the officer satisfies certain qualifications with a broader authorization for a community supervision and corrections department officer who satisfies those qualifications to carry a weapon under the authority of their position regardless of whether the officer is engaged in the actual discharge of their duties. This change applies only to the carrying of a weapon on or after the bill's effective date. H.B. 658 amends the Human Resources Code to replace the authorization for a juvenile probation officer to carry a firearm in the course of their official duties if the officer satisfies certain qualifications with a broader authorization for a juvenile probation officer who satisfies those qualifications to carry a firearm under the authority of their position regardless of whether the officer is carrying the firearm in the course of their official duties. This change applies only to the carrying of a firearm on or after the bill's effective date. H.B. 658 amends the Penal Code to expand the conduct that constitutes the offense of taking or attempting to take a weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer to include a person intentionally or knowingly and with force taking or attempting to take from a juvenile probation officer the officer's firearm, nightstick, stun gun, or personal protection chemical dispensing device. The bill changes the name of the offense to taking or attempting to take a weapon from certain individuals working in public safety. H.B. 658 revises statutory provisions establishing exceptions to the application of the offense of unlawful carrying of a weapon and the offense of possessing or going with a weapon in places where weapons are prohibited for certain officers and other individuals to reflect the changes made by the bill with respect to the carrying of a weapon on the premises of an establishment serving the public and with respect to the carrying of a weapon or firearm, as applicable, by a qualifying community supervision and corrections department officer or a qualifying juvenile probation officer under the authority of their position. For purposes of those provisions, the bill assigns "establishment serving the public" the same meaning that term has in the Code of Criminal Procedure provision that prohibits such an establishment from prohibiting or otherwise restricting certain officers and investigators from carrying a weapon on the establishment's premises. The Penal Code provisions as amended by the bill apply only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. H.B. 658 prevails, to the extent of any conflict, over another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 658
By: Tepper
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
H.B. 658
By: Tepper
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current state law allows juvenile probation officers to carry firearms in the course of their official duties. However, these officers have not been specifically authorized to carry firearms anywhere while they are not engaged in official duties. Additionally, the Penal Code does not specifically criminalize attempting to take a firearm away from a juvenile probation officer. The author has informed the committee that a law enforcement officer from the Lubbock County Juvenile Justice Center has asked for legislation to address these issues. H.B. 658 seeks to do so by authorizing juvenile probation officers to carry a firearm at any time, regardless of whether they are engaged in official duties, and by including juvenile probation officers within the scope of Penal Code provisions making it an offense to take a firearm or weapon from certain individuals working in public safety.
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 H.B. 658 amends the Code of Criminal Procedure to prohibit an establishment serving the public from prohibiting or otherwise restricting an honorably retired peace officer or other qualified retired law enforcement officer who holds a certificate of weapons proficiency and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry. The bill also prohibits such an establishment from prohibiting or otherwise restricting a community supervision and corrections department officer or a juvenile probation officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon. These bill provisions apply only to a cause of action that accrues on or after the bill's effective date. H.B. 658 amends the Government Code to replace the authorization for a community supervision and corrections department officer to carry a weapon while engaged in the actual discharge of their duties if the officer satisfies certain qualifications with a broader authorization for a community supervision and corrections department officer who satisfies those qualifications to carry a weapon under the authority of their position regardless of whether the officer is engaged in the actual discharge of their duties. This change applies only to the carrying of a weapon on or after the bill's effective date. H.B. 658 amends the Human Resources Code to replace the authorization for a juvenile probation officer to carry a firearm in the course of their official duties if the officer satisfies certain qualifications with a broader authorization for a juvenile probation officer who satisfies those qualifications to carry a firearm under the authority of their position regardless of whether the officer is carrying the firearm in the course of their official duties. This change applies only to the carrying of a firearm on or after the bill's effective date. H.B. 658 amends the Penal Code to expand the conduct that constitutes the offense of taking or attempting to take a weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer to include a person intentionally or knowingly and with force taking or attempting to take from a juvenile probation officer the officer's firearm, nightstick, stun gun, or personal protection chemical dispensing device. The bill changes the name of the offense to taking or attempting to take a weapon from certain individuals working in public safety. H.B. 658 revises statutory provisions establishing exceptions to the application of the offense of unlawful carrying of a weapon and the offense of possessing or going with a weapon in places where weapons are prohibited for certain officers and other individuals to reflect the changes made by the bill with respect to the carrying of a weapon on the premises of an establishment serving the public and with respect to the carrying of a weapon or firearm, as applicable, by a qualifying community supervision and corrections department officer or a qualifying juvenile probation officer under the authority of their position. For purposes of those provisions, the bill assigns "establishment serving the public" the same meaning that term has in the Code of Criminal Procedure provision that prohibits such an establishment from prohibiting or otherwise restricting certain officers and investigators from carrying a weapon on the establishment's premises. The Penal Code provisions as amended by the bill apply only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. H.B. 658 prevails, to the extent of any conflict, over another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
Current state law allows juvenile probation officers to carry firearms in the course of their official duties. However, these officers have not been specifically authorized to carry firearms anywhere while they are not engaged in official duties. Additionally, the Penal Code does not specifically criminalize attempting to take a firearm away from a juvenile probation officer. The author has informed the committee that a law enforcement officer from the Lubbock County Juvenile Justice Center has asked for legislation to address these issues. H.B. 658 seeks to do so by authorizing juvenile probation officers to carry a firearm at any time, regardless of whether they are engaged in official duties, and by including juvenile probation officers within the scope of Penal Code provisions making it an offense to take a firearm or weapon from certain individuals working in public safety.
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
H.B. 658 amends the Code of Criminal Procedure to prohibit an establishment serving the public from prohibiting or otherwise restricting an honorably retired peace officer or other qualified retired law enforcement officer who holds a certificate of weapons proficiency and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry. The bill also prohibits such an establishment from prohibiting or otherwise restricting a community supervision and corrections department officer or a juvenile probation officer from carrying on the establishment's premises a weapon that the officer is otherwise authorized to carry, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon. These bill provisions apply only to a cause of action that accrues on or after the bill's effective date.
H.B. 658 amends the Government Code to replace the authorization for a community supervision and corrections department officer to carry a weapon while engaged in the actual discharge of their duties if the officer satisfies certain qualifications with a broader authorization for a community supervision and corrections department officer who satisfies those qualifications to carry a weapon under the authority of their position regardless of whether the officer is engaged in the actual discharge of their duties. This change applies only to the carrying of a weapon on or after the bill's effective date.
H.B. 658 amends the Human Resources Code to replace the authorization for a juvenile probation officer to carry a firearm in the course of their official duties if the officer satisfies certain qualifications with a broader authorization for a juvenile probation officer who satisfies those qualifications to carry a firearm under the authority of their position regardless of whether the officer is carrying the firearm in the course of their official duties. This change applies only to the carrying of a firearm on or after the bill's effective date.
H.B. 658 amends the Penal Code to expand the conduct that constitutes the offense of taking or attempting to take a weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer to include a person intentionally or knowingly and with force taking or attempting to take from a juvenile probation officer the officer's firearm, nightstick, stun gun, or personal protection chemical dispensing device. The bill changes the name of the offense to taking or attempting to take a weapon from certain individuals working in public safety.
H.B. 658 revises statutory provisions establishing exceptions to the application of the offense of unlawful carrying of a weapon and the offense of possessing or going with a weapon in places where weapons are prohibited for certain officers and other individuals to reflect the changes made by the bill with respect to the carrying of a weapon on the premises of an establishment serving the public and with respect to the carrying of a weapon or firearm, as applicable, by a qualifying community supervision and corrections department officer or a qualifying juvenile probation officer under the authority of their position. For purposes of those provisions, the bill assigns "establishment serving the public" the same meaning that term has in the Code of Criminal Procedure provision that prohibits such an establishment from prohibiting or otherwise restricting certain officers and investigators from carrying a weapon on the establishment's premises.
The Penal Code provisions as amended by the bill apply only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
H.B. 658 prevails, to the extent of any conflict, over another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
EFFECTIVE DATE
September 1, 2025.