HBA-ALS H.B. 1288 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1288
By: King, Tracy
Public Safety
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a juvenile probation officer (officer) is not authorized to
carry a firearm while performing official duties.  In recent years, the
number of juveniles placed on probation has risen.  Each juvenile who is
placed on probation is assigned a certified probation officer who often
travels to a juvenile's home to ensure the juvenile's compliance with a set
curfew.  There is a concern for the safety of these officers because they
are sometimes required to travel alone and at night to various locations,
some of which are in dangerous or isolated areas.   

H.B.1288 allows an officer to carry a firearm while discharging the
officer's official duties, if certain proficiency and safety requirements
are met. Under H.B. 1288, the Texas Juvenile Probation Commission and the
Commission on Law Enforcement Officer Standards and Education must adopt a
memorandum of understanding specifying their responsibilities in
establishing a basic firearm training program to educate officers about
their legal limitations and the safe use of firearms.  The bill requires
the Commission on Law Enforcement Officer Standards and Education to
administer the training program and issue firearm proficiency certificates
to officers for successful completion of the program. H.B.1288 also allows
the Commission on Law Enforcement Officer Standards and Education to
establish reasonable and necessary fees for administering this program.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 141.066, Human Resources Code, as follows:

Sec. 141.066.  New Title: CARRYING OF FIREARMS BY CERTAIN PROBATION
OFFICERS.  Authorizes, rather than prohibits, a juvenile probation officer
(officer) to carry a firearm while performing official duties if the
officer is authorized by the county juvenile board and has been issued a
certificate of firearms proficiency by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLOSE) pursuant to Section
415.039, Government Code. Makes nonsubstantive changes. 

SECTION 2.  Amends Section 46.15(a), Penal Code, to provide that Sections
46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) do
not apply to an officer employed by the director of the Texas Juvenile
Probation Commission under Chapter 141, Human Resources Code (Texas
Juvenile Probation Commission) or by a juvenile board under Chapter 142,
Human Resources Code (Juvenile Probation Departments and Personnel).
Provides that an officer is not prohibited by Sections 46.02 or 46.03 from
carrying a firearm in this state if the officer is performing that
officer's duties, is authorized to carry a firearm by the county juvenile
board, and has been issued a certificate of firearms proficiency by TCLOSE
under Section 415.039, Government Code. Provides that Sections 46.02 or
46.03 do not apply to a municipal court judge who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code (License
to Carry a Concealed Handgun), rather than under Article 4413(29ee) Revised
Statutes (repealed, Acts 1997, 75th Leg., ch. 165,  10.01(b)). Redesignates
existing Subdivision (4) to Subdivision (5).  Makes a nonsubstantive
change. 
 
SECTION 3.  Amends Subchapter B, Chapter 415, Government Code, by adding
Section 415.039, as follows: 

Sec. 415.039.  FIREARMS PROFICIENCY; JUVENILE PROBATION OFFICERS.  (a)
Requires the Commission on Law Enforcement Officer Standards and Education
and the Texas Juvenile Probation Commission to adopt a memorandum of
understanding that establishes their respective responsibilities in the
development of a firearms basic training program for officers.  Provides
that the memorandum must establish a program which provides instruction
relating to the officers' legal limitations, powers, and authority
regarding firearm use; firearms' range firing, procedure, safety and
maintenance; and topics that are determined to be necessary for an
officer's responsible use of firearms by the Texas Juvenile Probation
Commission and TCLOSE.  Requires the Texas Juvenile Probation Commission
and TCLOSE to adopt the memorandum that establishes a basic training
program.  Requires the TCLOSE to administer the training program and issue
a certificate of firearms proficiency to each officer who successfully
completes the program. Authorizes TCLOSE to establish reasonable and
necessary fees for the administration of this section. 

SECTION 4.  Requires TCLOSE and the Texas Juvenile Probation Commission to
adopt the memorandum of understanding no later than January 1, 2000. 

SECTION 5.Emergency clause.
  Effective date: upon passage.