89R1404 DRS-D
By: Johnson S.B. No. 538
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. The heading to Section 370.007, Local Government
Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th
Legislature, Regular Session, 2023, is amended to read as follows:
Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL
PERMANENT RESIDENTS [VETERANS] TO POSITION REQUIRING LICENSURE.
SECTION 2. Section 370.007(b), Local Government Code, as
added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(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
legal permanent resident of the United States to hold the position
if the person:
(1) [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
(2) submits an affidavit to the political subdivision
in a form prescribed by the commission affirming the person's
intent to apply for United States citizenship not later than six
months after the date the person becomes eligible to do so.
SECTION 3. Section 1701.3095, Occupations Code, is amended
to read as follows:
Sec. 1701.3095. LICENSING OF [CERTAIN VETERANS WHO ARE]
LEGAL PERMANENT RESIDENTS. (a) 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[;
[(2) is an honorably discharged veteran of the armed
forces of the United States with at least two years of service
before discharge; and
[(3) presents evidence satisfactory to the commission
that the person has applied for United States citizenship].
(b) The commission shall prescribe a form for a person who
is a legal permanent resident of the United States to affirm the
person's intent to apply for United States citizenship not later
than six months after the date the person becomes eligible to do so.
SECTION 4. 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 or,
if the person is a legal permanent resident [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 an affidavit affirming the person's intent
to apply for United States citizenship not later than six months
after the date the person becomes eligible to do so [proof that the
person has applied for United States citizenship];
(xi) information on the person's background
from at least three personal references and at least two
professional references; and
(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 5. 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 6. 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 7. This Act takes effect September 1, 2025.