HBA-PDH H.B. 53 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 53
By: Cuellar
Juvenile Justice and Family Issues
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a police officer is not authorized to search a juvenile for
weapons if the juvenile is on parole or probation.  H.B. 53 authorizes a
juvenile probation officer, a parole officer, or a peace officer who is
accompanied by a juvenile probation officer or parole officer to conduct a
search of a person or property in the person's immediate possession without
a warrant for possession of firearms if specific conditions are met.  This
bill also provides that the proper authority must prohibit the possession
of a weapon by a juvenile, as a condition of probation or release, if the
offense for which the juvenile was originally charged involved a firearm. 

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 Chapter 2, Code of Criminal Procedure, by adding Article
2.131, as follows: 

Art. 2.131.  FIREARM SEARCH.  Authorizes a search of a person or property
in the person's immediate possession without a warrant for possession of
firearms to be conducted by a juvenile probation officer, a parole officer,
or a peace officer who is accompanied by a juvenile probation officer or a
parole officer.  Authorizes the officer to conduct the search if the
officer knows the person's identity, knows that the person is on a specific
probation, released under supervision, or parole, and knows that possession
of a firearm is prohibited by the person's probation, release, or on
parole.  Provides that the officer conducting a search under this article
is not required to have reasonable suspicion that the person possesses a
firearm. 

SECTION 2.  Amends Chapter 54, Family Code, by adding Section 54.048, as
follows: 
 
Sec. 54.048.  FIREARM PROHIBITION AS CONDITION OF PROBATION.  Requires a
court, as a condition of juvenile probation under Section 54.04(d)
(Disposition Hearing), Family Code, to prohibit the possession of a firearm
by a child on probation if the offense which violated the penal law for
which the child was placed on probation involved a firearm. 

SECTION 3.  Amends Subchapter F, Chapter 508, Government Code, by adding
Section 508.192, as follows: 

Sec. 508.192.  FIREARM PROHIBITION AS CONDITION OF PAROLE.  Requires a
parole panel, as a condition of release to the custody of the pardons and
paroles division under Section 61.084 (f) or (g) (Termination of Control),
Human Resources Code, to prohibit the possession of a firearm by a releasee
if the offense which violated the penal law for which the releasee was
transferred to the custody of the pardons and paroles division involved a
firearm. 

SECTION 4.  Amends Subchapter F, Chapter 61, Human Resources Code, by
adding Section 61.085, as follows: 
 
Sec. 61.085.  FIREARM PROHIBITION AS CONDITION OF RELEASE.  Requires the
Texas Youth Commission(commission), as a condition of release of a child
from supervision under Section 61.081(a) (Release Under Supervision), Human
Resources Code, to prohibit the possession of a firearm if the offense
which violated the penal law for which the child was committed to the
commission involved a firearm. 

SECTION 5.   Makes application of this Act prospective.

SECTION 6.Emergency clause.
  Effective date: upon passage.