Texas 2025 - 89th Regular

Texas House Bill HB4304 Latest Draft

Bill / Introduced Version Filed 03/11/2025

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                            89R14319 DRS-D
 By: Vo H.B. No. 4304




 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing of certain persons by the Texas
 Commission on Law Enforcement and the hiring of those persons by
 political subdivisions.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 370.007, Local Government Code, as added
 by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular
 Session, 2023, is redesignated as Section 370.009, Local Government
 Code, and amended to read as follows:
 Sec. 370.009  [370.007].  APPOINTING OR EMPLOYING CERTAIN
 INDIVIDUALS [VETERANS] TO POSITION REQUIRING LICENSURE. (a)  In
 this section, "commission" means the Texas Commission on Law
 Enforcement.
 (b)  Notwithstanding any other law, a political subdivision
 that appoints or employs a person to hold a position that requires
 the person to be licensed by the commission may appoint or employ a
 person who [legal permanent resident of the United States to hold
 the position if the person is an honorably discharged veteran of the
 armed forces of the United States with at least two years of service
 before discharge and] holds the appropriate license issued by the
 commission and is:
 (1)  a legal permanent resident of the United States
 who is an honorably discharged veteran of the armed forces of the
 United States with at least two years of service before discharge;
 or
 (2)  a nonimmigrant legally admitted to the United
 States as a citizen of a freely associated state as defined by 48
 U.S.C. Section 1988.
 (c)  A political subdivision may not appoint or employ a
 person under this section to hold a supervisory position until the
 person becomes a United States citizen.
 SECTION 2.  Section 1701.3095, Occupations Code, is amended
 to read as follows:
 Sec. 1701.3095.  LICENSING OF CERTAIN INDIVIDUALS [VETERANS
 WHO ARE LEGAL PERMANENT RESIDENTS].  The commission shall issue a
 license the commission is authorized to issue to a person who [is a
 legal permanent resident of the United States if the person:
 [(1)]  meets the requirements of this chapter and the
 commission's rules for the license and:[;]
 (1) [(2)]  is a legal permanent resident of the United
 States and:
 (A)  is an honorably discharged veteran of the
 armed forces of the United States with at least two years of service
 before discharge; and
 (B) [(3)]  presents evidence satisfactory to the
 commission that the person has applied for United States
 citizenship; or
 (2)  is a nonimmigrant legally admitted to the United
 States as a citizen of a freely associated state as defined by 48
 U.S.C. Section 1988.
 SECTION 3.  Section 1701.451(a), Occupations Code, is
 amended to read as follows:
 (a)  Before a law enforcement agency may hire a person
 licensed under this chapter, the agency must, on a form and in the
 manner prescribed by the commission:
 (1)  obtain the person's written consent for the agency
 to review the information required to be reviewed under this
 section;
 (2)  request from the commission and any other
 applicable person information required to be reviewed under this
 section; and
 (3)  submit to the commission confirmation that the
 agency, to the best of the agency's ability before hiring the
 person:
 (A)  contacted each entity or individual
 necessary to obtain the information required to be reviewed under
 this section; and
 (B)  except as provided by Subsection (b),
 obtained and reviewed as related to the person, as applicable:
 (i)  personnel files, as described by
 Section 1701.4535, and other employee records from each previous
 law enforcement agency employer, including the employment
 application submitted to the previous employer;
 (ii)  employment termination reports and
 misconduct investigation reports maintained by the commission
 under this subchapter;
 (iii)  service records maintained by the
 commission;
 (iv)  proof that the person meets the
 minimum qualifications for enrollment in a training program under
 Section 1701.251(a);
 (v)  a military veteran's United States
 Department of Defense Form DD-214 or other military discharge
 record;
 (vi)  criminal history record information;
 (vii)  information on pending warrants as
 available through the Texas Crime Information Center and National
 Crime Information Center;
 (viii)  evidence of financial
 responsibility as required by Section 601.051, Transportation
 Code;
 (ix)  a driving record from the Department
 of Public Safety;
 (x)  proof of United States citizenship;
 (xi)  [or, if the person is an honorably
 discharged veteran of the armed forces of the United States with at
 least two years of service before discharge,] proof of legal
 permanent residence and proof that the person has applied for
 United States citizenship, if the person is an honorably discharged
 veteran of the armed forces of the United States with at least two
 years of service before discharge;
 (xii)  proof the person is a nonimmigrant
 legally admitted to the United States as a citizen of a freely
 associated state as defined by 48 U.S.C. Section 1988;
 (xiii) [(xi)] information on the person's
 background from at least three personal references and at least two
 professional references; and
 (xiv) [(xii)]  information on the person's
 law enforcement background as available through a database
 designated by the commission under Section 1701.169 and, if
 applicable, a file or record obtained by the commission under
 Section 1701.3035.
 SECTION 4.  Not later than December 1, 2025, the Texas
 Commission on Law Enforcement shall amend rules as necessary to
 comply with Sections 1701.3095 and 1701.451, Occupations Code, as
 amended by this Act.
 SECTION 5.  Section 1701.451, Occupations Code, as amended
 by this Act, applies only to the hiring of a person by a law
 enforcement agency that occurs on or after December 1, 2025. The
 hiring of a person by a law enforcement agency that occurs before
 that date is governed by the law in effect immediately before the
 effective date of this Act, and the former law is continued in
 effect for that purpose.
 SECTION 6.  To the extent of any conflict, this Act prevails
 over another Act of the 89th Legislature, Regular Session, 2025,
 relating to nonsubstantive additions to and corrections in enacted
 codes.
 SECTION 7.  This Act takes effect September 1, 2025.