HBA-CMT H.B. 3408 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3408
By: King, Tracy
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a juvenile probation officer is not authorized to carry a
firearm while performing official duties. In recent years, the number of
juveniles placed on probation has increased.  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 is in compliance with a set
curfew.  There is a concern for the safety of these juvenile probation
officers because they are sometimes required to travel alone and at night
to various locations, some of which are in dangerous or isolated areas.
House Bill 3408 authorizes a juvenile probation officer to carry a firearm
while discharging the officer's official duties if certain proficiency and
safety requirements are met. 

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 and to the Juvenile Probation Commission in
SECTION 3 (Section 1701.258, Occupations Code) of this bill. 

ANALYSIS

House Bill 3408 amends the Human Resources, Penal, and Occupations codes
relating to the authorization of certain juvenile probation officers to
carry firearms.  The bill authorizes a probation officer to carry a firearm
in the course of the probation officer's official duties if the probation
officer is employed by and authorized to carry a firearm by the executive
director of the Juvenile Probation Commission (commission) or the county
juvenile board and possesses a certificate of firearms proficiency issued
by the Commission on Law Enforcement Officer Standards and Education
(TCLEOSE).   

The bill requires TCLEOSE and the commission to adopt a memorandum of
understanding that establishes their respective responsibilities in
developing a basic training program in the use of firearms by juvenile
probation officers.  The bill sets forth the provisions that are required
to be included in the memorandum of understanding.  The bill requires the
TCLEOSE and the commission by rule to adopt the memorandum of understanding
establishing the basic training program, and requires TCLEOSE to administer
the training program and issue a certificate of firearms proficiency to
each juvenile probation officer who has successfully completed the program.
TCLEOSE may establish reasonable and necessary fees for the administration
of firearms training.  TCLEOSE and the commission shall adopt the
memorandum of understanding no later than January 1, 2002.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.