(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.

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