HBA-DMD H.B. 2595 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2595 By: Uresti Public Safety 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Constitution provides that all judges of this state are conservators of the peace throughout this state. However, there exists some confusion as to whether a judge may carry a concealed weapon without meeting the requirements of Section 411.201 (Retired and Active Judicial Officers), Government Code. H.B. 2595 provides that Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited), Penal Code, do not apply to certain judges and justices who are licensed to carry a concealed handgun or who hold a certificate of firearm proficiency. This bill requires the Commission on Law Enforcement Officer Standards and Education (commission), by rule, to establish a basic training program in the use of firearms by judicial officers. It also authorizes the commission to establish reasonable and necessary fees. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Commission on Law Enforcement Officer Standards and Education in SECTION 2 (Section 415.039, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.15(a), Penal Code, to provide that Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited), Penal Code, do not apply to a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H (License to Carry a Concealed Handgun), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, or holds a certificate of firearms proficiency issued by the Commission on Law Enforcement Officer Standards and Education (commission) under Section 415.039, Government Code, rather than Article 4413(29ee), V.T.C.S. (Repealed). SECTION 2. Amends Subchapter B, Chapter 415, Government Code, by adding Section 415.039, as follows: Sec. 415.039. FIREARMS PROFICIENCY; JUDICIAL OFFICERS. Defines "judicial officer" in this section. Requires the commission, by rule, to establish a basic training program in the use of firearms by judicial officers. Specifies educational areas which must be included in the program. Requires the commission to develop and administer the training program and to issue a certificate of firearms proficiency to each judicial officer the commission determines has successfully completed the program. Authorizes the commission to establish reasonable and necessary fees for the administration of this section. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.