| 1 | 1 | | 88R10921 DRS-D |
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| 2 | 2 | | By: Alvarado S.B. No. 1362 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to hiring and licensing certain individuals lawfully |
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| 8 | 8 | | present in the United States as peace officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 370, Local Government |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND |
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| 13 | 13 | | COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL |
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| 14 | 14 | | GOVERNMENT |
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| 15 | 15 | | SECTION 2. Chapter 370, Local Government Code, is amended |
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| 16 | 16 | | by adding Section 370.007 to read as follows: |
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| 17 | 17 | | Sec. 370.007. COMMISSIONING AND EMPLOYING AS PEACE OFFICERS |
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| 18 | 18 | | CERTAIN INDIVIDUALS LAWFULLY PRESENT IN THE UNITED STATES. |
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| 19 | 19 | | Notwithstanding any other law, a political subdivision that |
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| 20 | 20 | | commissions and employs peace officers may commission and employ as |
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| 21 | 21 | | a peace officer an individual who is lawfully present in the United |
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| 22 | 22 | | States as the result of receiving deferred action from the United |
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| 23 | 23 | | States Department of Homeland Security and who has obtained |
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| 24 | 24 | | employment authorization from the United States Citizenship and |
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| 25 | 25 | | Immigration Services. |
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| 26 | 26 | | SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is |
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| 27 | 27 | | amended by adding Section 1701.3095 to read as follows: |
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| 28 | 28 | | Sec. 1701.3095. LICENSING OF CERTAIN INDIVIDUALS LAWFULLY |
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| 29 | 29 | | PRESENT IN THE UNITED STATES. The commission shall issue a peace |
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| 30 | 30 | | officer license to a person who: |
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| 31 | 31 | | (1) meets the requirements of this chapter and the |
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| 32 | 32 | | commission's rules; |
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| 33 | 33 | | (2) is lawfully present in the United States as the |
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| 34 | 34 | | result of receiving deferred action from the United States |
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| 35 | 35 | | Department of Homeland Security; and |
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| 36 | 36 | | (3) has obtained employment authorization from the |
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| 37 | 37 | | United States Citizenship and Immigration Services. |
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| 38 | 38 | | SECTION 4. As soon as practicable after the effective date |
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| 39 | 39 | | of this Act, the Texas Commission on Law Enforcement shall adopt or |
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| 40 | 40 | | amend rules as necessary to comply with Section 1701.3095, |
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| 41 | 41 | | Occupations Code, as added by this Act. |
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| 42 | 42 | | SECTION 5. This Act takes effect September 1, 2023. |
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