S.B. No. 1237
 
 
 
 
AN ACT
  relating to the authority of certain juvenile probation officers to
  carry firearms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 141.066, Human Resources
  Code, is amended to read as follows:
         Sec. 141.066.  [PROHIBITION ON] CARRYING OF FIREARM BY
  CERTAIN OFFICERS PROHIBITED.
         SECTION 2.  Subsection (b), Section 141.066, Human Resources
  Code, is amended to read as follows:
         (b)  This section does not apply to:
               (1)  an employee of the Texas Youth Commission; or
               (2)  a juvenile probation officer authorized to carry a
  firearm under Section 142.006.
         SECTION 3.  Chapter 142, Human Resources Code, is amended by
  adding Section 142.006 to read as follows:
         Sec. 142.006.  AUTHORIZATION TO CARRY FIREARM. (a)  A
  juvenile probation officer may carry a firearm in the course of the
  officer's official duties if:
               (1)  the juvenile probation officer possesses a
  certificate of firearms proficiency issued by the Commission on Law
  Enforcement Officer Standards and Education under Section
  1701.258, Occupations Code;
               (2)  the chief juvenile probation officer of the
  juvenile probation department that employs the juvenile probation
  officer authorizes the juvenile probation officer to carry a
  firearm in the course of the officer's official duties; and
               (3)  the juvenile probation officer has been employed
  for at least one year by the juvenile probation department
  described by Subdivision (2).
         (b)  A juvenile probation officer is disqualified from being
  authorized to carry a firearm under this section if the officer has
  been designated a perpetrator in a Texas Juvenile Probation
  Commission abuse, neglect, or exploitation investigation.
         (c)  This section does not affect the sovereign immunity of
  the state, an agency of the state, or a political subdivision of the
  state.
         SECTION 4.  Subsection (a), Section 46.15, Penal Code, as
  amended by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted and
  amended to read as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, Code of Criminal Procedure, and neither section
  prohibits a peace officer or special investigator from carrying a
  weapon in this state, including in an establishment in this state
  serving the public, regardless of whether the peace officer or
  special investigator is engaged in the actual discharge of the
  officer's or investigator's duties while carrying the weapon;
               (2)  parole officers and neither section prohibits an
  officer from carrying a weapon in this state if the officer is:
                     (A)  engaged in the actual discharge of the
  officer's duties while carrying the weapon; and
                     (B)  in compliance with policies and procedures
  adopted by the Texas Department of Criminal Justice regarding the
  possession of a weapon by an officer while on duty;
               (3)  community supervision and corrections department
  officers appointed or employed under Section 76.004, Government
  Code, and neither section prohibits an officer from carrying a
  weapon in this state if the officer is:
                     (A)  engaged in the actual discharge of the
  officer's duties while carrying the weapon; and
                     (B)  authorized to carry a weapon under Section
  76.0051, Government Code;
               (4)  a judge or justice of a federal court, 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, Chapter
  411, Government Code;
               (5)  an honorably retired peace officer or federal
  criminal investigator who holds a certificate of proficiency issued
  under Section 1701.357, Occupations Code, and is carrying a photo
  identification that:
                     (A)  verifies that the officer honorably retired
  after not less than 15 years of service as a commissioned officer;
  and
                     (B)  is issued by a state or local law enforcement
  agency;
               (6)  a district attorney, criminal district attorney,
  county attorney, or municipal attorney who is licensed to carry a
  concealed handgun under Subchapter H, Chapter 411, Government Code;
  [or]
               (7)  an assistant district attorney, assistant
  criminal district attorney, or assistant county attorney who is
  licensed to carry a concealed handgun under Subchapter H, Chapter
  411, Government Code;
               (8) [(7)]  a bailiff designated by an active judicial
  officer as defined by Section 411.201, Government Code, who is:
                     (A)  licensed to carry a concealed handgun under
  Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code.
         SECTION 5.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.258 to read as follows:
         Sec. 1701.258.  FIREARMS TRAINING PROGRAM FOR JUVENILE
  PROBATION OFFICERS. (a)  The commission and the Texas Juvenile
  Probation Commission by rule shall adopt a memorandum of
  understanding that establishes a training program in the use of
  firearms by juvenile probation officers. The memorandum of
  understanding must establish a program that provides instruction
  in:
               (1)  legal limitations on the use of firearms and on the
  powers and authority of juvenile probation officers;
               (2)  range firing and procedure, and firearms safety
  and maintenance; and
               (3)  other topics determined by the commission and the
  Texas Juvenile Probation Commission to be necessary for the
  responsible use of firearms by juvenile probation officers.
         (b)  The commission shall administer the training program
  and shall issue a certificate of firearms proficiency to each
  juvenile probation officer the commission determines has
  successfully completed the program described by Subsection (a).
         (c)  The commission may establish reasonable and necessary
  fees for the administration of this section.
         (d)  This section does not affect the sovereign immunity of
  the state, an agency of the state, or a political subdivision of the
  state.
         SECTION 6.  The Commission on Law Enforcement Officer
  Standards and Education and the Texas Juvenile Probation Commission
  shall adopt the memorandum of understanding required by Section
  1701.258, Occupations Code, as added by this Act, not later than
  January 1, 2010.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1237 passed the Senate on
  April 24, 2009, by the following vote:  Yeas 30, Nays 0;
  May 20, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 21, 2009, House
  granted request of the Senate; May 29, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1237 passed the House, with
  amendments, on May 12, 2009, by the following vote:  Yeas 143,
  Nays 3, three present not voting; May 21, 2009, House granted
  request of the Senate for appointment of Conference Committee;
  May 28, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 130, Nays 13, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor