| 1 | 1 | | 88R3203 SCP-D |
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| 2 | 2 | | By: Johnson S.B. No. 376 |
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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 persons as peace officers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Chapter 370, Local Government |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND |
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| 12 | 12 | | COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL |
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| 13 | 13 | | GOVERNMENT |
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| 14 | 14 | | SECTION 2. Chapter 370, Local Government Code, is amended |
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| 15 | 15 | | by adding Section 370.007 to read as follows: |
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| 16 | 16 | | Sec. 370.007. COMMISSIONING AND EMPLOYING CERTAIN PERSONS |
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| 17 | 17 | | AS PEACE OFFICERS. Notwithstanding any other law, a political |
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| 18 | 18 | | subdivision that commissions and employs peace officers may |
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| 19 | 19 | | commission and employ as a peace officer a legal permanent resident |
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| 20 | 20 | | of the United States. |
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| 21 | 21 | | SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is |
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| 22 | 22 | | amended by adding Section 1701.3095 to read as follows: |
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| 23 | 23 | | Sec. 1701.3095. LICENSING OF LEGAL PERMANENT RESIDENTS. |
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| 24 | 24 | | The commission shall issue a peace officer license to a person who |
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| 25 | 25 | | is a legal permanent resident of the United States if the person |
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| 26 | 26 | | meets the requirements of this chapter and the commission's rules. |
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| 27 | 27 | | SECTION 4. Section 1701.451(a), Occupations Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (a) Before a law enforcement agency may hire a person |
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| 30 | 30 | | licensed under this chapter, the agency must, on a form and in the |
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| 31 | 31 | | manner prescribed by the commission: |
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| 32 | 32 | | (1) obtain the person's written consent for the agency |
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| 33 | 33 | | to review the information required to be reviewed under this |
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| 34 | 34 | | section; |
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| 35 | 35 | | (2) request from the commission and any other |
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| 36 | 36 | | applicable person information required to be reviewed under this |
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| 37 | 37 | | section; and |
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| 38 | 38 | | (3) submit to the commission confirmation that the |
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| 39 | 39 | | agency, to the best of the agency's ability before hiring the |
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| 40 | 40 | | person: |
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| 41 | 41 | | (A) contacted each entity or individual |
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| 42 | 42 | | necessary to obtain the information required to be reviewed under |
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| 43 | 43 | | this section; and |
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| 44 | 44 | | (B) except as provided by Subsection (b), |
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| 45 | 45 | | obtained and reviewed as related to the person, as applicable: |
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| 46 | 46 | | (i) personnel files and other employee |
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| 47 | 47 | | records from each previous law enforcement agency employer, |
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| 48 | 48 | | including the employment application submitted to the previous |
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| 49 | 49 | | employer; |
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| 50 | 50 | | (ii) employment termination reports |
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| 51 | 51 | | maintained by the commission under this subchapter; |
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| 52 | 52 | | (iii) service records maintained by the |
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| 53 | 53 | | commission; |
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| 54 | 54 | | (iv) proof that the person meets the |
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| 55 | 55 | | minimum qualifications for enrollment in a training program under |
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| 56 | 56 | | Section 1701.251(a); |
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| 57 | 57 | | (v) a military veteran's United States |
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| 58 | 58 | | Department of Defense Form DD-214 or other military discharge |
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| 59 | 59 | | record; |
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| 60 | 60 | | (vi) criminal history record information; |
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| 61 | 61 | | (vii) information on pending warrants as |
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| 62 | 62 | | available through the Texas Crime Information Center and National |
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| 63 | 63 | | Crime Information Center; |
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| 64 | 64 | | (viii) evidence of financial |
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| 65 | 65 | | responsibility as required by Section 601.051, Transportation |
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| 66 | 66 | | Code; |
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| 67 | 67 | | (ix) a driving record from the Department |
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| 68 | 68 | | of Public Safety; |
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| 69 | 69 | | (x) proof of United States citizenship or, |
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| 70 | 70 | | if the person is a peace officer, legal permanent residence; and |
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| 71 | 71 | | (xi) information on the person's background |
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| 72 | 72 | | from at least three personal references and at least two |
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| 73 | 73 | | professional references. |
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| 74 | 74 | | SECTION 5. Not later than December 1, 2023, the Texas |
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| 75 | 75 | | Commission on Law Enforcement shall amend rules as necessary to |
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| 76 | 76 | | comply with Section 1701.3095, Occupations Code, as added by this |
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| 77 | 77 | | Act, and Section 1701.451, Occupations Code, as amended by this |
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| 78 | 78 | | Act. |
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| 79 | 79 | | SECTION 6. Section 1701.451, Occupations Code, as amended |
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| 80 | 80 | | by this Act, applies only to the hiring of a person by a law |
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| 81 | 81 | | enforcement agency that occurs on or after December 1, 2023. The |
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| 82 | 82 | | hiring of a person by a law enforcement agency that occurs before |
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| 83 | 83 | | that date is governed by the law in effect immediately before the |
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| 84 | 84 | | effective date of this Act, and the former law is continued in |
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| 85 | 85 | | effect for that purpose. |
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| 86 | 86 | | SECTION 7. This Act takes effect September 1, 2023. |
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