Texas 2023 - 88th Regular

Texas Senate Bill SB252 Compare Versions

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Version 2 (New)

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1	1	S.B. No. 252
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing of certain veterans by the Texas
6	6	Commission on Law Enforcement and the hiring of those veterans by
7	7	political subdivisions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 370, Local Government
10	10	Code, is amended to read as follows:
11	11	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
12	12	COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
13	13	GOVERNMENT
14	14	SECTION 2. Chapter 370, Local Government Code, is amended
15	15	by adding Section 370.007 to read as follows:
16	16	Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN VETERANS TO
17	17	POSITION REQUIRING LICENSURE. (a) In this section, "commission"
18	18	means the Texas Commission on Law Enforcement.
19	19	(b) Notwithstanding any other law, a political subdivision
20	20	that appoints or employs a person to hold a position that requires
21	21	the person to be licensed by the commission may appoint or employ a
22	22	legal permanent resident of the United States to hold the position
23	23	if the person is an honorably discharged veteran of the armed forces
24	24	of the United States with at least two years of service before
25	25	discharge and holds the appropriate license issued by the
26	26	commission.
27	27	(c) A political subdivision may not appoint or employ a
28	28	person under this section to hold a supervisory position until the
29	29	person becomes a United States citizen.
30	30	SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
31	31	amended by adding Section 1701.3095 to read as follows:
32	32	Sec. 1701.3095. LICENSING OF CERTAIN VETERANS WHO ARE LEGAL
33	33	PERMANENT RESIDENTS. The commission shall issue a license the
34	34	commission is authorized to issue to a person who is a legal
35	35	permanent resident of the United States if the person:
36	36	(1) meets the requirements of this chapter and the
37	37	commission's rules for the license;
38	38	(2) is an honorably discharged veteran of the armed
39	39	forces of the United States with at least two years of service
40	40	before discharge; and
41	41	(3) presents evidence satisfactory to the commission
42	42	that the person has applied for United States citizenship.
43	43	SECTION 4. Section 1701.451(a), Occupations Code, is
44	44	amended to read as follows:
45	45	(a) Before a law enforcement agency may hire a person
46	46	licensed under this chapter, the agency must, on a form and in the
47	47	manner prescribed by the commission:
48	48	(1) obtain the person's written consent for the agency
49	49	to review the information required to be reviewed under this
50	50	section;
51	51	(2) request from the commission and any other
52	52	applicable person information required to be reviewed under this
53	53	section; and
54	54	(3) submit to the commission confirmation that the
55	55	agency, to the best of the agency's ability before hiring the
56	56	person:
57	57	(A) contacted each entity or individual
58	58	necessary to obtain the information required to be reviewed under
59	59	this section; and
60	60	(B) except as provided by Subsection (b),
61	61	obtained and reviewed as related to the person, as applicable:
62	62	(i) personnel files and other employee
63	63	records from each previous law enforcement agency employer,
64	64	including the employment application submitted to the previous
65	65	employer;
66	66	(ii) employment termination reports
67	67	maintained by the commission under this subchapter;
68	68	(iii) service records maintained by the
69	69	commission;
70	70	(iv) proof that the person meets the
71	71	minimum qualifications for enrollment in a training program under
72	72	Section 1701.251(a);
73	73	(v) a military veteran's United States
74	74	Department of Defense Form DD-214 or other military discharge
75	75	record;
76	76	(vi) criminal history record information;
77	77	(vii) information on pending warrants as
78	78	available through the Texas Crime Information Center and National
79	79	Crime Information Center;
80	80	(viii) evidence of financial
81	81	responsibility as required by Section 601.051, Transportation
82	82	Code;
83	83	(ix) a driving record from the Department
84	84	of Public Safety;
85	85	(x) proof of United States citizenship or,
86	86	if the person is an honorably discharged veteran of the armed forces
87	87	of the United States with at least two years of service before
88	88	discharge, proof of legal permanent residence and proof that the
89	89	person has applied for United States citizenship; and
90	90	(xi) information on the person's background
91	91	from at least three personal references and at least two
92	92	professional references.
93	93	SECTION 5. Not later than December 1, 2023, the Texas
94	94	Commission on Law Enforcement shall amend rules as necessary to
95	95	comply with Section 1701.3095, Occupations Code, as added by this
96	96	Act, and Section 1701.451, Occupations Code, as amended by this
97	97	Act.
98	98	SECTION 6. Section 1701.451, Occupations Code, as amended
99	99	by this Act, applies only to the hiring of a person by a law
100	100	enforcement agency that occurs on or after December 1, 2023. The
101	101	hiring of a person by a law enforcement agency that occurs before
102	102	that date is governed by the law in effect immediately before the
103	103	effective date of this Act, and the former law is continued in
104	104	effect for that purpose.
105	105	SECTION 7. This Act takes effect September 1, 2023.
106	106	______________________________ ______________________________
107	107	President of the Senate Speaker of the House
108	108	I hereby certify that S.B. No. 252 passed the Senate on
109	109	May 4, 2023, by the following vote: Yeas 28, Nays 3.
110	110	______________________________
111	111	Secretary of the Senate
112	112	I hereby certify that S.B. No. 252 passed the House on
113	113	May 19, 2023, by the following vote: Yeas 141, Nays 2, two
114	114	present not voting.
115	115	______________________________
116	116	Chief Clerk of the House
117	117	Approved:
118	118	______________________________
119	119	Date
120	120	______________________________
121	121	Governor