| (a) In accordance with Texas Government Code §76.0051,
a community supervision officer (CSO) is authorized to carry a handgun
while engaged in the actual discharge of the officer's duties if:
(1) The CSO possesses a current certificate of firearms
proficiency issued by the Texas Commission on Law Enforcement (TCOLE);
and
(2) The community supervision and corrections department
(CSCD) director grants the authorization to CSOs to carry a handgun
while engaged in the actual discharge of the officer's duties.
(b) This section does not authorize a CSO to carry
a handgun while off-duty.
(c) The carrying of a handgun by a CSO shall be done
strictly in accordance with Texas Government Code §76.0051 and
the authorization, policy, and procedures promulgated by the CSCD
director as set forth in subsection (e) of this section.
(d) Prior to undergoing training to carry a handgun,
a CSO shall meet the following qualifications:
(1) Using TCOLE approved standards and the required
forms, a psychologist or psychiatrist licensed in the state of Texas
shall examine the CSO and determine if the CSO possesses the psychological
and emotional health to carry a handgun in the performance of the
CSO's duties; the determinations shall be reduced to writing.
(2) The CSO shall sign an acknowledgement confirming:
(A) The CSO has never been convicted of a crime punishable
by imprisonment for a term exceeding one year; has never been convicted
of any misdemeanor or felony domestic violence crime; and has never
been discharged from the armed forces under dishonorable conditions;
and
(B) The CSO will immediately inform their supervisor
and the CSCD director of any arrest, charges, or conviction related
to such crimes or conditions.
(e) Each CSCD that elects to authorize any of its CSOs
to carry a handgun in accordance with these requirements shall adopt
written policies and procedures defining which of its CSOs have authority
to carry a handgun and the limitations that apply to the carrying
and use of a handgun. Each CSCD shall submit written policies and
procedures for review by the Texas Department of Criminal Justice
Community Justice Assistance Division (TDCJ CJAD) director. The policies
and procedures shall specify:
(1) The handgun training and qualification requirements;
(2) The handling, use, and storage of a handgun;
(3) The types of handguns authorized; and
(4) The process for reporting and investigating incidents
related to the possession or use of a handgun by the CSOs.
(f) Each CSCD that elects to authorize CSOs to carry
less than lethal equipment, such as aerosol sprays, chemical agents,
restraining devices, or stun guns, shall adopt written policies and
procedures defining which of its CSOs have authority to carry such
equipment and the limitations that apply to their carrying and use.
The policies and procedures shall specify:
(1) The equipment training, qualification, and certification
requirements;
(2) The handling, use, and storage of the equipment;
(3) The types and relevant specifications that apply
to the less than lethal equipment that is authorized; and
(4) The process for reporting and investigating incidents
related to the possession or use of less than lethal equipment.
(g) Each CSCD that elects not to authorize CSOs to
carry a handgun or less than lethal equipment in the performance of
their duties shall adopt a written policy statement disallowing such
practices, as applicable. Each new CSO shall be notified of these
policies prior to an offer of employment by the CSCD.
(h) Requirements of the TCOLE.
(1) The CSOs authorized by the CSCD to make application
to the TCOLE for certification in firearms proficiency in accordance
with the above provisions shall use TCOLE approved forms and provide
copies to the CSCD.
(2) Each CSCD shall:
(A) conduct a comprehensive background check on all
CSOs seeking firearms certification;
(B) maintain records of background information obtained
on all CSOs seeking firearms certification;
(C) maintain records of annually required requalification
on all CSOs obtaining firearms certification;
(D) notify the TCOLE if a CSO's authority to carry
a handgun is rescinded;
(E) notify the TCOLE of the name, address, telephone,
and fax numbers of the CSCD director of all CSOs authorized to carry
a handgun; and
(F) allow the TCOLE and other law enforcement agencies
access to records pertaining to firearms for auditing and investigation
purposes.
(i) CSO Training and Qualification Requirements.
(1) CSOs shall not be granted permission to carry a
handgun in the performance of their duties unless that CSO has completed
a firearms training program approved by the TCOLE and has been issued
a certificate of firearms proficiency by the TCOLE as provided in
subsection (a) of this section. The firearms training program shall
be completed within six months after obtaining the TCOLE psychological
release as required in paragraph (1) of subsection (d) of this section.
(2) Firearms training provided to CSOs shall be designed
to prepare the CSOs to carry such weapons while conducting field visits,
participating in community based criminal justice initiatives with
law enforcement agencies, and in dealing with the safety and self-defense
considerations related to such activities.
(3) CSO qualification of weapons usage, a periodic
proficiency test, and documentation of training shall be completed
in the presence of a TCOLE approved instructor on a yearly basis in
addition to the required TCOLE certificate of firearms proficiency.
(j) Ownership, Inspection, and Maintenance.
(1) CSOs authorized to carry handguns shall provide
their own handguns.
(2) CSCDs shall appoint an individual within the department
to be responsible for yearly inspection and maintenance programs for
handguns used by CSOs.
(k) Types of Handguns Authorized.
(1) CSOs are authorized to carry the following handguns:
(A) Double action revolvers; or
(B) Semi-automatic pistols.
(2) Barrel length of handguns shall be between two
and five inches.
(3) Approved cartridges shall be:
(A) 9mm caliber;
(B) .38 Special;
(C) .357 Magnum;
(D) .357 Sig;
(E) .40 caliber;
(F) 10mm caliber;
(G) .45 caliber; or
(H) .380 caliber.
(4) Ammunition. All carried ammunition shall be factory
original loads of bullet weight between 85 and 230 grains, per Sporting
Arms Ammunition Manufacturer Institute Guidelines.
(l) Reports to the Texas Department of Criminal Justice
Community Justice Assistance Division.
(1) Each CSCD shall have a written Use of Force policy
and a written procedure for reporting and investigating each incident
where a handgun or less than lethal equipment is discharged, used,
or drawn on an individual. Such incidents shall be reported to the
division director of the TDCJ CJAD within 24 hours of the incident.
TDCJ CJAD management staff will, in turn, notify the TDCJ Emergency
Action Center. The term "to draw" means to unholster a handgun in
preparation for use in self-defense against a perceived threat.
(2) Such procedure shall include:
(A) Notification of incidents;
(B) Procedures for interaction with outside entities,
such as local law enforcement and media;
(C) Internal investigation procedures; and
(D) Employee support components.
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| Source Note: The provisions of this §163.34 adopted to be effective February 22, 1998, 23 TexReg 1314; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective May 2, 2011, 36 TexReg 2733; amended to be effective May 19, 2024, 49 TexReg 3371 |
