88R19084 DRS-D
By: Neave Criado, Geren, AnchÃa, Frazier, Vo, H.B. No. 1076
et al.
Substitute the following for H.B. No. 1076:
By: J. Johnson of Harris C.S.H.B. No. 1076
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of certain persons by the Texas
Commission on Law Enforcement and the hiring of those persons by
political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
SECTION 2. Chapter 370, Local Government Code, is amended
by adding Section 370.007 to read as follows:
Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL
PERMANENT RESIDENTS TO POSITION REQUIRING LICENSURE. (a) In this
section, "commission" means the Texas Commission on Law
Enforcement.
(b) Notwithstanding any other law, a political subdivision
that appoints or employs a person to hold a position that requires
the person to be licensed by the commission may appoint or employ a
legal permanent resident of the United States to hold the position
if the person:
(1) holds the appropriate license issued by the
commission; and
(2) submits an affidavit to the political subdivision
in a form prescribed by the commission affirming the person's
intent to apply for United States citizenship not later than six
months after the date the person becomes eligible to do so.
SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
amended by adding Section 1701.3095 to read as follows:
Sec. 1701.3095. LICENSING OF LEGAL PERMANENT
RESIDENTS. (a) The commission shall issue a license the commission
is authorized to issue to a person who is a legal permanent resident
of the United States if the person meets the requirements of this
chapter and the commission's rules for the license.
(b) The commission shall prescribe a form for a person who
is a legal permanent resident of the United States to affirm the
person's intent to apply for United States citizenship not later
than six months after the date the person becomes eligible to do so.
SECTION 4. Section 1701.451(a), Occupations Code, is
amended to read as follows:
(a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency must, on a form and in the
manner prescribed by the commission:
(1) obtain the person's written consent for the agency
to review the information required to be reviewed under this
section;
(2) request from the commission and any other
applicable person information required to be reviewed under this
section; and
(3) submit to the commission confirmation that the
agency, to the best of the agency's ability before hiring the
person:
(A) contacted each entity or individual
necessary to obtain the information required to be reviewed under
this section; and
(B) except as provided by Subsection (b),
obtained and reviewed as related to the person, as applicable:
(i) personnel files and other employee
records from each previous law enforcement agency employer,
including the employment application submitted to the previous
employer;
(ii) employment termination reports
maintained by the commission under this subchapter;
(iii) service records maintained by the
commission;
(iv) proof that the person meets the
minimum qualifications for enrollment in a training program under
Section 1701.251(a);
(v) a military veteran's United States
Department of Defense Form DD-214 or other military discharge
record;
(vi) criminal history record information;
(vii) information on pending warrants as
available through the Texas Crime Information Center and National
Crime Information Center;
(viii) evidence of financial
responsibility as required by Section 601.051, Transportation
Code;
(ix) a driving record from the Department
of Public Safety;
(x) proof of United States citizenship or,
if the person is a legal permanent resident of the United States,
proof of legal permanent residence and an affidavit affirming the
person's intent to apply for United States citizenship not later
than six months after the date the person becomes eligible to do so;
and
(xi) information on the person's background
from at least three personal references and at least two
professional references.
SECTION 5. Not later than December 1, 2023, the Texas
Commission on Law Enforcement shall amend rules as necessary to
comply with Section 1701.3095, Occupations Code, as added by this
Act, and Section 1701.451, Occupations Code, as amended by this
Act.
SECTION 6. Section 1701.451, Occupations Code, as amended
by this Act, applies only to the hiring of a person by a law
enforcement agency that occurs on or after December 1, 2023. The
hiring of a person by a law enforcement agency that occurs before
that date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2023.