TITLE public-safety-and-corrections

Part VI. Texas Department of Criminal Justice

Chapter 163. Community Justice Assistance Division Standards

37 TAC §163.34

The Texas Department of Criminal Justice adopts new §163.34 concerning carrying of weapons without changes to the proposed text as published in the December 5, 1997, issue of the Texas Register (22 TexReg 12025). The new section is needed in order to address all of the requirements necessary for CSCD officers carrying weapons.

One interagency comment was received from the director of training and staff development concerning a Memorandum of Understanding between the Department and the Texas Commission on Law Enforcement Officer Standards and Education. House Bill 2909 (Chapter 1261, Session Laws, 75th Legislature) requires the two agencies to enter into an agreement regarding firearms proficiency training for supervision officers. The Texas Commission on Law Enforcement Officer Standards and Education has proposed in the December 26, 1997, issue of the Texas Register (22 TexReg 12708), 37 TAC §211.33 (relating to Memorandum of Understanding Regarding Firearms Proficiency Training for Supervision Officers). In response to the comment received and to comply with House Bill 2909 (Chapter 1261, Session Laws, 75th Legislature), the Department is proposing, in this issue of the Texas Register , new §159.9 which adopts by reference 37 TAC §211.33.

The new section is adopted under §76.0051, Government Code, which authorizes CSOs to carry weapons; §415.038, which requires TCLEOSE training for CSOs; and §509.003, which provides general rulemaking authority for CJAD standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 1998.

TRD-9801438

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Effective date: February 22, 1998

Proposal publication date: December 5, 1997

For further information, please call: (512) 463-9693