Texas 2025 - 89th Regular

Texas Senate Bill SB554 Compare Versions

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11 89R1852 SCP-D
22 By: Johnson S.B. No. 554
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the licensing of legal permanent residents as county
1010 jailers by the Texas Commission on Law Enforcement and the hiring of
1111 those legal permanent residents by political subdivisions.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The heading to Section 370.007, Local Government
1414 Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th
1515 Legislature, Regular Session, 2023, is amended to read as follows:
1616 Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL
1717 PERMANENT RESIDENTS [VETERANS] TO POSITION REQUIRING LICENSURE.
1818 SECTION 2. Section 370.007(b), Local Government Code, as
1919 added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature,
2020 Regular Session, 2023, is amended to read as follows:
2121 (b) Notwithstanding any other law, a political subdivision
2222 that appoints or employs a person to hold a position that requires
2323 the person to be licensed by the commission may:
2424 (1) appoint or employ a legal permanent resident of
2525 the United States to be a county jailer if the person holds a county
2626 jailer license issued by the commission; and
2727 (2) appoint or employ a legal permanent resident of
2828 the United States to hold a [the] position other than as a county
2929 jailer if the person is an honorably discharged veteran of the armed
3030 forces of the United States with at least two years of service
3131 before discharge and holds the appropriate license issued by the
3232 commission.
3333 SECTION 3. Section 1701.3095, Occupations Code, is amended
3434 to read as follows:
3535 Sec. 1701.3095. LICENSING OF CERTAIN [VETERANS WHO ARE]
3636 LEGAL PERMANENT RESIDENTS. (a) The commission shall issue a
3737 license the commission is authorized to issue to a person who is a
3838 legal permanent resident of the United States if the person:
3939 (1) meets the requirements of this chapter and the
4040 commission's rules for the license;
4141 (2) is an honorably discharged veteran of the armed
4242 forces of the United States with at least two years of service
4343 before discharge; and
4444 (3) presents evidence satisfactory to the commission
4545 that the person has applied for United States citizenship.
4646 (b) Notwithstanding Subsection (a), the commission shall
4747 issue a county jailer license to a person who:
4848 (1) is a legal permanent resident of the United
4949 States; and
5050 (2) meets the requirements of this chapter and the
5151 commission's rules for the license.
5252 SECTION 4. Section 1701.451(a), Occupations Code, is
5353 amended to read as follows:
5454 (a) Before a law enforcement agency may hire a person
5555 licensed under this chapter, the agency must, on a form and in the
5656 manner prescribed by the commission:
5757 (1) obtain the person's written consent for the agency
5858 to review the information required to be reviewed under this
5959 section;
6060 (2) request from the commission and any other
6161 applicable person information required to be reviewed under this
6262 section; and
6363 (3) submit to the commission confirmation that the
6464 agency, to the best of the agency's ability before hiring the
6565 person:
6666 (A) contacted each entity or individual
6767 necessary to obtain the information required to be reviewed under
6868 this section; and
6969 (B) except as provided by Subsection (b),
7070 obtained and reviewed as related to the person, as applicable:
7171 (i) personnel files, as described by
7272 Section 1701.4535, and other employee records from each previous
7373 law enforcement agency employer, including the employment
7474 application submitted to the previous employer;
7575 (ii) employment termination reports and
7676 misconduct investigation reports maintained by the commission
7777 under this subchapter;
7878 (iii) service records maintained by the
7979 commission;
8080 (iv) proof that the person meets the
8181 minimum qualifications for enrollment in a training program under
8282 Section 1701.251(a);
8383 (v) a military veteran's United States
8484 Department of Defense Form DD-214 or other military discharge
8585 record;
8686 (vi) criminal history record information;
8787 (vii) information on pending warrants as
8888 available through the Texas Crime Information Center and National
8989 Crime Information Center;
9090 (viii) evidence of financial
9191 responsibility as required by Section 601.051, Transportation
9292 Code;
9393 (ix) a driving record from the Department
9494 of Public Safety;
9595 (x) proof of:
9696 (a) United States citizenship or, if
9797 the person is an honorably discharged veteran of the armed forces of
9898 the United States with at least two years of service before
9999 discharge, proof of legal permanent residence and proof that the
100100 person has applied for United States citizenship; or
101101 (b) United States citizenship or
102102 legal permanent residence, if the person is being hired as a county
103103 jailer;
104104 (xi) information on the person's background
105105 from at least three personal references and at least two
106106 professional references; and
107107 (xii) information on the person's law
108108 enforcement background as available through a database designated
109109 by the commission under Section 1701.169 and, if applicable, a file
110110 or record obtained by the commission under Section 1701.3035.
111111 SECTION 5. Not later than December 1, 2025, the Texas
112112 Commission on Law Enforcement shall amend rules as necessary to
113113 comply with Sections 1701.3095 and 1701.451, Occupations Code, as
114114 amended by this Act.
115115 SECTION 6. Section 1701.451(a), Occupations Code, as
116116 amended by this Act, applies only to the hiring of a person by a law
117117 enforcement agency that occurs on or after December 1, 2025. The
118118 hiring of a person by a law enforcement agency that occurs before
119119 that date is governed by the law in effect immediately before the
120120 effective date of this Act, and the former law is continued in
121121 effect for that purpose.
122122 SECTION 7. This Act takes effect September 1, 2025.