Texas 2025 - 89th Regular

Texas House Bill HB4304 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14319 DRS-D
2	2	By: Vo H.B. No. 4304
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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. Section 370.007, Local Government Code, as added
14	14	by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular
15	15	Session, 2023, is redesignated as Section 370.009, Local Government
16	16	Code, and amended to read as follows:
17	17	Sec. 370.009 [370.007]. APPOINTING OR EMPLOYING CERTAIN
18	18	INDIVIDUALS [VETERANS] TO POSITION REQUIRING LICENSURE. (a) In
19	19	this section, "commission" means the Texas Commission on Law
20	20	Enforcement.
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	person who [legal permanent resident of the United States to hold
25	25	the position if the person is an honorably discharged veteran of the
26	26	armed forces of the United States with at least two years of service
27	27	before discharge and] holds the appropriate license issued by the
28	28	commission and is:
29	29	(1) a legal permanent resident of the United States
30	30	who is an honorably discharged veteran of the armed forces of the
31	31	United States with at least two years of service before discharge;
32	32	or
33	33	(2) a nonimmigrant legally admitted to the United
34	34	States as a citizen of a freely associated state as defined by 48
35	35	U.S.C. Section 1988.
36	36	(c) A political subdivision may not appoint or employ a
37	37	person under this section to hold a supervisory position until the
38	38	person becomes a United States citizen.
39	39	SECTION 2. Section 1701.3095, Occupations Code, is amended
40	40	to read as follows:
41	41	Sec. 1701.3095. LICENSING OF CERTAIN INDIVIDUALS [VETERANS
42	42	WHO ARE LEGAL PERMANENT RESIDENTS]. The commission shall issue a
43	43	license the commission is authorized to issue to a person who [is a
44	44	legal permanent resident of the United States if the person:
45	45	[(1)] meets the requirements of this chapter and the
46	46	commission's rules for the license and:[;]
47	47	(1) [(2)] is a legal permanent resident of the United
48	48	States and:
49	49	(A) is an honorably discharged veteran of the
50	50	armed forces of the United States with at least two years of service
51	51	before discharge; and
52	52	(B) [(3)] presents evidence satisfactory to the
53	53	commission that the person has applied for United States
54	54	citizenship; or
55	55	(2) is a nonimmigrant legally admitted to the United
56	56	States as a citizen of a freely associated state as defined by 48
57	57	U.S.C. Section 1988.
58	58	SECTION 3. Section 1701.451(a), Occupations Code, is
59	59	amended to read as follows:
60	60	(a) Before a law enforcement agency may hire a person
61	61	licensed under this chapter, the agency must, on a form and in the
62	62	manner prescribed by the commission:
63	63	(1) obtain the person's written consent for the agency
64	64	to review the information required to be reviewed under this
65	65	section;
66	66	(2) request from the commission and any other
67	67	applicable person information required to be reviewed under this
68	68	section; and
69	69	(3) submit to the commission confirmation that the
70	70	agency, to the best of the agency's ability before hiring the
71	71	person:
72	72	(A) contacted each entity or individual
73	73	necessary to obtain the information required to be reviewed under
74	74	this section; and
75	75	(B) except as provided by Subsection (b),
76	76	obtained and reviewed as related to the person, as applicable:
77	77	(i) personnel files, as described by
78	78	Section 1701.4535, and other employee records from each previous
79	79	law enforcement agency employer, including the employment
80	80	application submitted to the previous employer;
81	81	(ii) employment termination reports and
82	82	misconduct investigation reports maintained by the commission
83	83	under this subchapter;
84	84	(iii) service records maintained by the
85	85	commission;
86	86	(iv) proof that the person meets the
87	87	minimum qualifications for enrollment in a training program under
88	88	Section 1701.251(a);
89	89	(v) a military veteran's United States
90	90	Department of Defense Form DD-214 or other military discharge
91	91	record;
92	92	(vi) criminal history record information;
93	93	(vii) information on pending warrants as
94	94	available through the Texas Crime Information Center and National
95	95	Crime Information Center;
96	96	(viii) evidence of financial
97	97	responsibility as required by Section 601.051, Transportation
98	98	Code;
99	99	(ix) a driving record from the Department
100	100	of Public Safety;
101	101	(x) proof of United States citizenship;
102	102	(xi) [or, if the person is an honorably
103	103	discharged veteran of the armed forces of the United States with at
104	104	least two years of service before discharge,] proof of legal
105	105	permanent residence and proof that the person has applied for
106	106	United States citizenship, if the person is an honorably discharged
107	107	veteran of the armed forces of the United States with at least two
108	108	years of service before discharge;
109	109	(xii) proof the person is a nonimmigrant
110	110	legally admitted to the United States as a citizen of a freely
111	111	associated state as defined by 48 U.S.C. Section 1988;
112	112	(xiii) [(xi)] information on the person's
113	113	background from at least three personal references and at least two
114	114	professional references; and
115	115	(xiv) [(xii)] information on the person's
116	116	law enforcement background as available through a database
117	117	designated by the commission under Section 1701.169 and, if
118	118	applicable, a file or record obtained by the commission under
119	119	Section 1701.3035.
120	120	SECTION 4. Not later than December 1, 2025, the Texas
121	121	Commission on Law Enforcement shall amend rules as necessary to
122	122	comply with Sections 1701.3095 and 1701.451, Occupations Code, as
123	123	amended by this Act.
124	124	SECTION 5. Section 1701.451, Occupations Code, as amended
125	125	by this Act, applies only to the hiring of a person by a law
126	126	enforcement agency that occurs on or after December 1, 2025. The
127	127	hiring of a person by a law enforcement agency that occurs before
128	128	that date is governed by the law in effect immediately before the
129	129	effective date of this Act, and the former law is continued in
130	130	effect for that purpose.
131	131	SECTION 6. To the extent of any conflict, this Act prevails
132	132	over another Act of the 89th Legislature, Regular Session, 2025,
133	133	relating to nonsubstantive additions to and corrections in enacted
134	134	codes.
135	135	SECTION 7. This Act takes effect September 1, 2025.