1. (a) A Community Supervision and Corrections Department (CSCD) officer is authorized to carry a weapon while engaged in the actual discharge of the officer's duties only if:

   1. (1) the officer possesses a certificate of firearms proficiency issued by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); and
   2. (2) the Director of the CSCD and the judges participating in the management of the CSCD grant the authorization.
2. (b) This section does not authorize a CSCD officer to carry a weapon while off-duty. A CSCD officer is engaged in the actual discharge of the officer's duties when he is acting within the course and scope of his employment and he is actually authorized to engage in the work that is being performed. A CSCD officer that is on "on call" status is not considered as being engaged in the actual discharge of the officer's duties. The CSCD, judicial district, Agency, and State assume no liability or responsibility for such conduct that exceeds the scope of this section.
3. (c) The carrying of weapons by CSCD officers shall be done strictly for self-defense as defined in the Texas Penal Code and in no way grants any additional law enforcement powers not already authorized by law.

4. (d) Prior to undergoing training to carry a weapon, a CSCD officer must meet the following qualifications.

   1. (1) A CSCD officer must be examined by a licensed psychologist or psychiatrist and declared in writing by the psychologist or psychiatrist to be in satisfactory psychological and emotional health to be the type of CSCD officer for which a certificate of firearms proficiency is appropriate.
   2. (2) It is a violation of law for an individual to possess any firearm or ammunition if the individual has been convicted of a misdemeanor or felony crime of domestic violence. If a CSCD officer has been convicted of a misdemeanor crime of domestic violence, he shall not be allowed to carry a weapon while engaged in the actual discharge of his duties and he shall not be allowed to participate in firearm training. It is the employee's responsibility to inform his supervisor immediately of any conviction.

5. (e) Policy and Procedures.

   1. (1) Each CSCD shall adopt written policies and procedures that clearly define what authority, if any, the CSCD's officers have to carry firearms and submit those policies to CJAD for documentation purposes and that specify:

      1. (A) the training and qualification requirements;
      2. (B) the handling, use, and storage of firearms;
      3. (C) the types of firearms authorized; and
      4. (D) the process for reporting and investigation of incidents.
   2. (2) CSCDs that choose not to allow CSCD officers to carry weapons shall adopt a written policy statement disallowing such practice. Each new officer hired shall be notified of this policy prior to an offer of employment.

6. (f) TCLEOSE Requirements.

   1. (1) CSCD Officers authorized by the CSCD to make application to TCLEOSE for certification in firearms proficiency must utilize TCLEOSE approved forms.
   2. (2) CSCDs shall conduct a comprehensive background check on all CSCD officers seeking firearms certification.
   3. (3) CSCDs shall maintain records of background information obtained on all CSCD officers seeking firearms certification.
   4. (4) CSCDs shall maintain records of annually required requalification on all CSCD officers obtaining firearms certification.
   5. (5) CSCDs shall notify TCLEOSE if a CSCD officer's authority to carry a firearm is rescinded.
   6. (6) CSCDs authorizing CSCD officers to carry firearms shall notify TCLEOSE of the name, address, and telephone number of the CSCD Director.
   7. (7) CSCD shall allow TCLEOSE access to records pertaining to firearms for auditing and investigation purposes.

7. (g) Training and Qualification Requirements.

   1. (1) No CSCD officer shall be granted permission to carry a firearm in the performance of his duties unless that officer has completed the firearms training program and has been issued a certificate of firearms proficiency by TCLEOSE.
   2. (2) Training shall prepare CSCD officers to carry weapons in the context of conducting field visits and to deal with safety issues that may arise in that context for reasons of self-defense.
   3. (3) A qualification of weapons usage, a periodic proficiency test, and documentation of training shall be done on a yearly basis in addition to the required TCLEOSE certificate of firearms proficiency.
   4. (4) Specific training course guidelines and recommendations shall be published in the TDCJ CJAD Weapons Procedures Guidebook.

8. (h) Handling, Use, and Storage of Firearms.

   1. (1) CSCD officers authorized to carry weapons shall provide their own weapons.
   2. (2) CSCDs shall appoint an individual to be responsible for monthly inspection and maintenance programs for weapons used by CSCD officers.
   3. (3) Unless the CSCD officer is carrying a weapon as a private citizen under the Concealed Handgun law or other applicable law, and while off-duty, any firearm shall be stored at the CSCD officer's home when not being carried in the actual discharge of the officer's duties.

9. (i) Types of Firearms Authorized.

   1. (1) CSCD officers are authorized to carry the following weapons:

      1. (A) Double Action Revolvers; or
      2. (B) Semi-automatic Pistols.
   2. (2) Barrel length of weapon must be between 2 inches to 5 inches.

   3. (3) Approved cartridges shall be:

      1. (A) 9mm Luger (9x19);
      2. (B) .38 Special;
      3. (C) .357 Magnum;
      4. (D) 357 Sig;
      5. (E) .40 Smith and Wesson;
      6. (F) 10mm Auto;
      7. (G) .45 Auto.
   4. (4) Ammunition. All carried ammunition will be factory original loads of bullet weight between 115 and 230 grains, per Sporting Arms Ammunition Manufacturer Institute (SAMMI) Guidelines.

10. (j) Reporting and Investigation of Uses of Force and Notification of Incidents.

    1. (1) Each CSCD shall have a written Use of Force policy and a written procedure for reporting and investigating each incident where a weapon is discharged or drawn on an individual. The term "to draw" means to unholster a weapon in preparation for use as self-defense against a perceived threat.

    2. (2) Such procedure shall include:

       1. (A) notification of incidents;
       2. (B) procedures for interaction with outside entities (i.e., local law enforcement, media);
       3. (C) internal investigation procedures; and
       4. (D) employee support components.
    3. (3) Notification of Incidents to the Texas Department of Criminal Justice-Emergency Action Center (TDCJ-EAC). Serious incidents, such as the drawing of a weapon on an individual or the unauthorized use of a weapon by an officer, shall be reported to TDCJ-EAC (409-294-2448) within 24 hours of the incident and the shooting of an individual shall be reported to TDCJ-EAC within three hours of occurrence. A written report shall be sent to CJAD within ten days of occurrence.

Source Note:The provisions of this §163.34 adopted to be effective February 22, 1998, 23 TexReg 1314.