Guns In Parking Lots

[Crosstimbers Okie]

In Texas they believe in controlling the inmates, not visitors and employees.

: Texas Administrative Code

Texas Administrative Code


TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 6 TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151 GENERAL PROVISIONS
RULE §151.21 Weapons Policy

--------------------------------------------------------------------------------

(a) Policy.

(1) The Texas Department of Criminal Justice (TDCJ) requires that all persons carrying a firearm shall unload and safely secure the firearm prior to entering a TDCJ correctional facility. For purposes of visiting a TDCJ correctional facility, a peace officer, a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, or a person who is otherwise authorized to carry a deadly weapon shall unload and secure the weapon(s) in the locked trunk of a vehicle, or a locked compartment of a vehicle if the vehicle does not have a trunk, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first. A peace officer may also store his weapon in any other TDCJ authorized location prior to entering the perimeter fence.

(2) It is a felony under the Penal Code:

(A) to possess a deadly weapon while in a correctional facility, unless the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility authorized to possess the deadly weapon while on duty or traveling to or from the person's place of assignment;

(B) to provide a deadly weapon to an inmate of a correctional facility;

(C) to possess or go with a firearm, illegal knife, club, or other prohibited weapon, within 1,000 feet of premises the location of which is designated by TDCJ as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(i) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(ii) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; or

(D) for a person licensed to carry a handgun under Subchapter H, Chapter 441, Government Code to carry a handgun on the premises of a correctional facility, regardless of whether the handgun is concealed.

(3) Except as provided in subsection (c) of this section an employee of TDCJ is prohibited from carrying a firearm in a state-owned vehicle, or on his person, or in his personal vehicle while on duty. An employee who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code is subject to the statutes described in subsection (a)(2) of this section and:

(A) is prohibited from carrying the handgun in a state-owned vehicle, or on his person or in his personal vehicle while on duty;

(B) shall comply with paragraph (1) of this subsection when approaching a correctional facility; and

(C) shall ensure that the gun is secured in the locked trunk of a personal vehicle, or a locked compartment if the vehicle does not have a trunk, before exiting the vehicle to enter any TDCJ office space.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Correctional Facility--A confinement facility operated by or under contract with TDCJ, and a community corrections facility operated by a community supervision and corrections department. The premises of a correctional facility means a building or portion of a building.

(2) Deadly weapon--A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

(3) Exempt employee--An employee in the position of warden, assistant warden, or an administrative position eligible for custodial officer certification and hazardous duty pay under §151.51(d)(1)(D) of this title (relating to Custodial Officer Certification and Hazardous Duty Pay Guidelines).

(4) Firearm--Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

(5) Handgun--Any firearm that is designed, made, or adapted to be fired with one hand.

(c) Exceptions.

(1) An exempt employee may carry a firearm in a State-owned vehicle for purposes of responding to emergency situations involving inmates or confinees, or on his person in the event of an actual emergency situation.

(2) State-owned housing, other than Bachelor Officers' Quarters, is excepted from this rule, only to the extent that weapons are secured under lock and key within the house.

(3) An employee may carry a weapon(s) on duty if the employee is a peace officer in the Office of Inspector General or possesses the weapon(s) in accordance with:

(A) the Use of Force Plan;

(B) Parole Division policy authorizing certain parole officers to carry firearms under Occupations Code §1701.257; or

(C) other applicable agency policy.

(4) The written consent of the executive director or his designee to an employee is effective to create an exception from this rule.

(d) Duties of the Executive Director.

(1) The executive director shall ensure that agency policies are consistent with this rule. Policies adopted to ensure the safety and security of correctional facilities may be more restrictive than this rule and may encompass weapons not covered by this rule.

(2) The executive director shall ensure that signs are posted in English and Spanish to provide adequate notice of the substance of this section.


--------------------------------------------------------------------------------

Source Note: The provisions of this §151.21 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective February 5, 2004, 29 TexReg 1212

[TX_CO]

Actually it sounds better than it is, we have internal agency policies that are ambigious at best on the subject of weapons in personal vehicles.

[Crosstimbers Okie]

I see that. It looks like TDCJ employees are third class citizens in the agency's view--below the general public and the inmates' families.

My rose colored glasses have been removed. Perhaps the county jails are the places to work in Texas.

[TX_CO]

I have never been hassled about the issue, but I don't generally tend to bring attention to it either. There are several of us that are seeking clarification of the policies to see if they do indeed violate the law and press for it to be fixed.

[Crosstimbers Okie]

Keep us posted.

[lxlaw]

Well I dont know about the county jails, but TDCJ even though it has its faults is a great organization. Been there over 13 years, and I would consider us pretty top notch!!!

[GUNNER]

[quote=Crosstimbers Okie;2102]It looks like TDCJ employees are third class citizens in the agency's view--below the general public and the inmates' families.
quote]
Not so different from the BOP in that aspect