Texas 2023 - 88th Regular

Texas House Bill HB1076 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~88R24116~~ DRS-D
	1	+	88R19084 DRS-D
2	2		By: Neave Criado, Geren, Anchía, Frazier, Vo, H.B. No. 1076
3	3		et al.
4	4		Substitute the following for H.B. No. 1076:
5		-	By: ~~Goodwin~~ C.S.H.B. No. 1076
	5	+	By: J. Johnson of Harris C.S.H.B. No. 1076
6	6
7	7
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10		-	relating to the licensing of certain persons ~~as peace officers by~~
11		-	~~the Texas~~ Commission on Law Enforcement and the hiring of those
12		-	~~persons by~~ political subdivisions.
	10	+	relating to the licensing of certain persons by the Texas
	11	+	Commission on Law Enforcement and the hiring of those persons by
	12	+	political subdivisions.
13	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14		SECTION 1. The heading to Chapter 370, Local Government
15	15		Code, is amended to read as follows:
16	16		CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
17	17		COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
18	18		GOVERNMENT
19	19		SECTION 2. Chapter 370, Local Government Code, is amended
20	20		by adding Section 370.007 to read as follows:
21	21		Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL
22		-	PERMANENT RESIDENTS AS PEACE OFFICERS. (a) In this section,
23		-	"commission" means the Texas Commission on Law Enforcement.
	22	+	PERMANENT RESIDENTS TO POSITION REQUIRING LICENSURE. (a) In this
	23	+	section, "commission" means the Texas Commission on Law
	24	+	Enforcement.
24	25		(b) Notwithstanding any other law, a political subdivision
25		-	that appoints or employs peace officers may appoint or employ as a
26		-	peace officer a legal permanent resident of the United States if the
27		-	person submits an affidavit to the political subdivision in a form
28		-	prescribed by the commission affirming the person's intent to apply
29		-	for United States citizenship not later than six months after the
30		-	date the person becomes eligible to do so.
	26	+	that appoints or employs a person to hold a position that requires
	27	+	the person to be licensed by the commission may appoint or employ a
	28	+	legal permanent resident of the United States to hold the position
	29	+	if the person:
	30	+	(1) holds the appropriate license issued by the
	31	+	commission; and
	32	+	(2) submits an affidavit to the political subdivision
	33	+	in a form prescribed by the commission affirming the person's
	34	+	intent to apply for United States citizenship not later than six
	35	+	months after the date the person becomes eligible to do so.
31	36		SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
32	37		amended by adding Section 1701.3095 to read as follows:
33	38		Sec. 1701.3095. LICENSING OF LEGAL PERMANENT
34		-	RESIDENTS. (a) The commission shall issue a ~~peace officer license~~
35		-	to a person who is a legal permanent resident ~~of the United States~~
36		-	if the person meets the requirements of this ~~chapter and the~~
37		-	commission's rules for the license.
	39	+	RESIDENTS. (a) The commission shall issue a license the commission
	40	+	is authorized to issue to a person who is a legal permanent resident
	41	+	of the United States if the person meets the requirements of this
	42	+	chapter and the commission's rules for the license.
38	43		(b) The commission shall prescribe a form for a person who
39	44		is a legal permanent resident of the United States to affirm the
40	45		person's intent to apply for United States citizenship not later
41	46		than six months after the date the person becomes eligible to do so.
42	47		SECTION 4. Section 1701.451(a), Occupations Code, is
43	48		amended to read as follows:
44	49		(a) Before a law enforcement agency may hire a person
45	50		licensed under this chapter, the agency must, on a form and in the
46	51		manner prescribed by the commission:
47	52		(1) obtain the person's written consent for the agency
48	53		to review the information required to be reviewed under this
49	54		section;
50	55		(2) request from the commission and any other
51	56		applicable person information required to be reviewed under this
52	57		section; and
53	58		(3) submit to the commission confirmation that the
54	59		agency, to the best of the agency's ability before hiring the
55	60		person:
56	61		(A) contacted each entity or individual
57	62		necessary to obtain the information required to be reviewed under
58	63		this section; and
59	64		(B) except as provided by Subsection (b),
60	65		obtained and reviewed as related to the person, as applicable:
61	66		(i) personnel files and other employee
62	67		records from each previous law enforcement agency employer,
63	68		including the employment application submitted to the previous
64	69		employer;
65	70		(ii) employment termination reports
66	71		maintained by the commission under this subchapter;
67	72		(iii) service records maintained by the
68	73		commission;
69	74		(iv) proof that the person meets the
70	75		minimum qualifications for enrollment in a training program under
71	76		Section 1701.251(a);
72	77		(v) a military veteran's United States
73	78		Department of Defense Form DD-214 or other military discharge
74	79		record;
75	80		(vi) criminal history record information;
76	81		(vii) information on pending warrants as
77	82		available through the Texas Crime Information Center and National
78	83		Crime Information Center;
79	84		(viii) evidence of financial
80	85		responsibility as required by Section 601.051, Transportation
81	86		Code;
82	87		(ix) a driving record from the Department
83	88		of Public Safety;
84	89		(x) proof of United States citizenship or,
85		-	if the person is a peace officer, proof of legal permanent residence
86		-	and an affidavit affirming the person's intent to apply for United
87		-	States citizenship not later than six months after the date the
88		-	person becomes eligible to do so; and
	90	+	if the person is a legal permanent resident of the United States,
	91	+	proof of legal permanent residence and an affidavit affirming the
	92	+	person's intent to apply for United States citizenship not later
	93	+	than six months after the date the person becomes eligible to do so;
	94	+	and
89	95		(xi) information on the person's background
90	96		from at least three personal references and at least two
91	97		professional references.
92	98		SECTION 5. Not later than December 1, 2023, the Texas
93	99		Commission on Law Enforcement shall amend rules as necessary to
94	100		comply with Section 1701.3095, Occupations Code, as added by this
95	101		Act, and Section 1701.451, Occupations Code, as amended by this
96	102		Act.
97	103		SECTION 6. Section 1701.451, Occupations Code, as amended
98	104		by this Act, applies only to the hiring of a person by a law
99	105		enforcement agency that occurs on or after December 1, 2023. The
100	106		hiring of a person by a law enforcement agency that occurs before
101	107		that date is governed by the law in effect immediately before the
102	108		effective date of this Act, and the former law is continued in
103	109		effect for that purpose.
104	110		SECTION 7. This Act takes effect September 1, 2023.