37 Tex. Admin. Code § 163.34 – Carrying of Weapons

(a) In accordance with Texas Government Code §76.0051, a CSO is authorized to carry a handgun or other firearm 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 CSCD director and the judges participating in the management of the CSCD grant the authorization.
(b) This section does not authorize a CSO to carry a firearm while off-duty.
(c) The carrying of a handgun or other firearm by CSOs shall be done strictly in accordance with Texas Government Code §76.5001 and the authorization, policy and procedures promulgated by the Director and judge(s) participating in the management of the CSCD as set forth in subsection (e) of this section.
(d) Prior to undergoing training to carry a firearm, a CSO must meet the following qualifications.
1. (1) The CSO 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 for the carrying of a weapon in the performance of their duties for which a certificate of firearms proficiency is sought.
2. (2) The CSO must execute an instrument wherein the CSO acknowledges:
  1. (A) it is unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any crime, misdemeanor or felony, of domestic violence to possess any firearm or ammunition; and
  2. (B) it is the officer's responsibility to immediately inform his supervisor and the CSCD director of any arrest, charges or conviction related to such crimes.
(e) Each CSCD that elects to authorize certain, or all, of its CSOs to carry firearms in accordance with the foregoing requirements must adopt written policies and procedures defining which of its officers have authority to carry firearms and the limitations that apply to their carrying and use of firearms. Such written policies and procedures shall be submitted by the CSCD to CJAD and specify:
1. (1) the firearm training and qualification requirements;
2. (2) the handling, use, and storage of firearms;
3. (3) the types of firearms authorized; and,
4. (4) the process for reporting and investigation of incidents related to the possession or use of firearms by CSOs.
(f) Each CSCD that elects to authorize CSOs to carry or utilize less than lethal weapons (aerosol sprays, chemical agents, restraining devices, stun guns, etc) must adopt written policies and procedures defining which of its officers have authority to carry same and the limitations that apply to their carrying and use. Such written policies and procedures shall be submitted for review and approval by the TDCJ-CJAD director:
1. (1) the training, qualification and certification requirements;
2. (2) the handling, use, and storage of the particular weapons and devices involved;
3. (3) the types and relevant specifications that apply to the less than lethal weapons that are authorized; and,
4. (4) the process for reporting and investigation of incidents related to the possession or use of less than lethal weapons (aerosol sprays, restraining devises, stun guns, etc).
(g) CSCDs that elect not to authorize CSOs to carry firearms or use less than lethal weapons in the performance of their duties shall adopt a written policy statement disallowing such practices, as applicable. Each new officer hired shall be notified of these policies prior to an offer of employment by the CSCD.
(h) Requirements of the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE)
1. (1) CSOs authorized by the CSCD to make application to TCLEOSE for certification in firearms proficiency in accordance with the above provisions must utilize TCLEOSE approved forms and provide copies to both TDCJ-CJAD and the CSCD.
2. (2) CSCDs shall conduct a comprehensive background check on all CSOs seeking firearms certification.
3. (3) CSCDs shall maintain records of background information obtained on all CSOs seeking firearms certification.
4. (4) CSCDs shall maintain records of annually required requalification on all CSOs obtaining firearms certification.
5. (5) CSCDs shall notify TCLEOSE if a CSO's authority to carry a firearm is rescinded.
6. (6) CSCDs authorizing CSOs to carry firearms shall notify TCLEOSE of the name, address, telephone and fax numbers of the CSCD Director.
7. (7) Each CSCD shall allow TCLEOSE and other law enforcement agencies access to records pertaining to firearms for auditing and investigation purposes.
(i) CSOs Training and Qualification Requirements.
1. (1) No CSO shall be granted permission to carry a firearm in the performance of their duties unless that officer has completed a firearms training program approved by TCLEOSE and has been issued a certificate of firearms proficiency by TCLEOSE as provided in subsection (a) of this section.
2. (2) Firearms training provided to CSOs shall be designed to prepare such CSOs to carry such weapons in the context of 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. (3) CSO 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 firearms and other weapons training course guidelines and recommendations shall be published in the TDCJ-CJAD Weapons Procedures Guidebook as amended from time to time.
(j) Handling, Use, and Storage of Firearms
1. (1) CSOs authorized to carry weapons shall provide their own weapons.
2. (2) CSCDs shall appoint an individual within their department to be responsible for yearly inspection and maintenance programs for firearms used by CSOs.
(k) Types of Firearms Authorized
1. (1) CSOs 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" to 5".
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) 10 mm Auto;
  7. (G) .45 Auto;
  8. (H) .380 Auto
4. (4) Ammunition. All carried ammunition will be factory original loads of bullet weight between 85 and 230 grains, per Sporting Arms Ammunition Manufacturer Institute (SAAMI) Guidelines.
(l) Reports to TDCJ-CJAD
1. (1) Each CSCD shall have a written Use of Force policy and a written procedure for reporting and investigating each incident where a firearm or less than lethal weapon is discharged, utilized or drawn on an individual. The term "to draw" means to unholster a firearm in preparation for use and/or 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 a CSO's drawing of a firearm on an individual or the unauthorized use of a less than lethal weapon by an officer, shall be promptly reported to TDCJ-EAC (936) 437-1448 and in all events within 24 hours of the incident. Incidents involving a CSOs shooting of an individual shall be reported to TDCJ-EAC immediately, if possible, and in all circumstances within three hours of occurrence. A preliminary written report of each of the above-described incidents shall be sent to CJAD within ten days of the occurrence.

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.