1 | 1 | | 89R1404 DRS-D |
---|
2 | 2 | | By: Vo H.B. No. 1112 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the licensing of certain persons by the Texas |
---|
10 | 10 | | Commission on Law Enforcement and the hiring of those persons by |
---|
11 | 11 | | political subdivisions. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. The heading to Section 370.007, Local Government |
---|
14 | 14 | | Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th |
---|
15 | 15 | | Legislature, Regular Session, 2023, is amended to read as follows: |
---|
16 | 16 | | Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL |
---|
17 | 17 | | PERMANENT RESIDENTS [VETERANS] TO POSITION REQUIRING LICENSURE. |
---|
18 | 18 | | SECTION 2. Section 370.007(b), Local Government Code, as |
---|
19 | 19 | | added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, |
---|
20 | 20 | | Regular Session, 2023, is amended to read as follows: |
---|
21 | 21 | | (b) Notwithstanding any other law, a political subdivision |
---|
22 | 22 | | that appoints or employs a person to hold a position that requires |
---|
23 | 23 | | the person to be licensed by the commission may appoint or employ a |
---|
24 | 24 | | legal permanent resident of the United States to hold the position |
---|
25 | 25 | | if the person: |
---|
26 | 26 | | (1) [is an honorably discharged veteran of the armed |
---|
27 | 27 | | forces of the United States with at least two years of service |
---|
28 | 28 | | before discharge and] holds the appropriate license issued by the |
---|
29 | 29 | | commission; and |
---|
30 | 30 | | (2) submits an affidavit to the political subdivision |
---|
31 | 31 | | in a form prescribed by the commission affirming the person's |
---|
32 | 32 | | intent to apply for United States citizenship not later than six |
---|
33 | 33 | | months after the date the person becomes eligible to do so. |
---|
34 | 34 | | SECTION 3. Section 1701.3095, Occupations Code, is amended |
---|
35 | 35 | | to read as follows: |
---|
36 | 36 | | Sec. 1701.3095. LICENSING OF [CERTAIN VETERANS WHO ARE] |
---|
37 | 37 | | LEGAL PERMANENT RESIDENTS. (a) The commission shall issue a |
---|
38 | 38 | | license the commission is authorized to issue to a person who is a |
---|
39 | 39 | | legal permanent resident of the United States if the person[: |
---|
40 | 40 | | [(1)] meets the requirements of this chapter and the |
---|
41 | 41 | | commission's rules for the license[; |
---|
42 | 42 | | [(2) is an honorably discharged veteran of the armed |
---|
43 | 43 | | forces of the United States with at least two years of service |
---|
44 | 44 | | before discharge; and |
---|
45 | 45 | | [(3) presents evidence satisfactory to the commission |
---|
46 | 46 | | that the person has applied for United States citizenship]. |
---|
47 | 47 | | (b) The commission shall prescribe a form for a person who |
---|
48 | 48 | | is a legal permanent resident of the United States to affirm the |
---|
49 | 49 | | person's intent to apply for United States citizenship not later |
---|
50 | 50 | | than six months after the date the person becomes eligible to do so. |
---|
51 | 51 | | SECTION 4. Section 1701.451(a), Occupations Code, is |
---|
52 | 52 | | amended to read as follows: |
---|
53 | 53 | | (a) Before a law enforcement agency may hire a person |
---|
54 | 54 | | licensed under this chapter, the agency must, on a form and in the |
---|
55 | 55 | | manner prescribed by the commission: |
---|
56 | 56 | | (1) obtain the person's written consent for the agency |
---|
57 | 57 | | to review the information required to be reviewed under this |
---|
58 | 58 | | section; |
---|
59 | 59 | | (2) request from the commission and any other |
---|
60 | 60 | | applicable person information required to be reviewed under this |
---|
61 | 61 | | section; and |
---|
62 | 62 | | (3) submit to the commission confirmation that the |
---|
63 | 63 | | agency, to the best of the agency's ability before hiring the |
---|
64 | 64 | | person: |
---|
65 | 65 | | (A) contacted each entity or individual |
---|
66 | 66 | | necessary to obtain the information required to be reviewed under |
---|
67 | 67 | | this section; and |
---|
68 | 68 | | (B) except as provided by Subsection (b), |
---|
69 | 69 | | obtained and reviewed as related to the person, as applicable: |
---|
70 | 70 | | (i) personnel files, as described by |
---|
71 | 71 | | Section 1701.4535, and other employee records from each previous |
---|
72 | 72 | | law enforcement agency employer, including the employment |
---|
73 | 73 | | application submitted to the previous employer; |
---|
74 | 74 | | (ii) employment termination reports and |
---|
75 | 75 | | misconduct investigation reports maintained by the commission |
---|
76 | 76 | | under this subchapter; |
---|
77 | 77 | | (iii) service records maintained by the |
---|
78 | 78 | | commission; |
---|
79 | 79 | | (iv) proof that the person meets the |
---|
80 | 80 | | minimum qualifications for enrollment in a training program under |
---|
81 | 81 | | Section 1701.251(a); |
---|
82 | 82 | | (v) a military veteran's United States |
---|
83 | 83 | | Department of Defense Form DD-214 or other military discharge |
---|
84 | 84 | | record; |
---|
85 | 85 | | (vi) criminal history record information; |
---|
86 | 86 | | (vii) information on pending warrants as |
---|
87 | 87 | | available through the Texas Crime Information Center and National |
---|
88 | 88 | | Crime Information Center; |
---|
89 | 89 | | (viii) evidence of financial |
---|
90 | 90 | | responsibility as required by Section 601.051, Transportation |
---|
91 | 91 | | Code; |
---|
92 | 92 | | (ix) a driving record from the Department |
---|
93 | 93 | | of Public Safety; |
---|
94 | 94 | | (x) proof of United States citizenship or, |
---|
95 | 95 | | if the person is a legal permanent resident [an honorably |
---|
96 | 96 | | discharged veteran of the armed forces] of the United States [with |
---|
97 | 97 | | at least two years of service before discharge], proof of legal |
---|
98 | 98 | | permanent residence and an affidavit affirming the person's intent |
---|
99 | 99 | | to apply for United States citizenship not later than six months |
---|
100 | 100 | | after the date the person becomes eligible to do so [proof that the |
---|
101 | 101 | | person has applied for United States citizenship]; |
---|
102 | 102 | | (xi) information on the person's background |
---|
103 | 103 | | from at least three personal references and at least two |
---|
104 | 104 | | professional references; and |
---|
105 | 105 | | (xii) information on the person's law |
---|
106 | 106 | | enforcement background as available through a database designated |
---|
107 | 107 | | by the commission under Section 1701.169 and, if applicable, a file |
---|
108 | 108 | | or record obtained by the commission under Section 1701.3035. |
---|
109 | 109 | | SECTION 5. Not later than December 1, 2025, the Texas |
---|
110 | 110 | | Commission on Law Enforcement shall amend rules as necessary to |
---|
111 | 111 | | comply with Sections 1701.3095 and 1701.451, Occupations Code, as |
---|
112 | 112 | | amended by this Act. |
---|
113 | 113 | | SECTION 6. Section 1701.451, Occupations Code, as amended |
---|
114 | 114 | | by this Act, applies only to the hiring of a person by a law |
---|
115 | 115 | | enforcement agency that occurs on or after December 1, 2025. The |
---|
116 | 116 | | hiring of a person by a law enforcement agency that occurs before |
---|
117 | 117 | | that date is governed by the law in effect immediately before the |
---|
118 | 118 | | effective date of this Act, and the former law is continued in |
---|
119 | 119 | | effect for that purpose. |
---|
120 | 120 | | SECTION 7. This Act takes effect September 1, 2025. |
---|