| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the licensing of certain persons as peace officers 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 Chapter 370, Local Government |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND |
|
|
COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL |
|
|
GOVERNMENT |
|
|
SECTION 2. Chapter 370, Local Government Code, is amended |
|
|
by adding Section 370.007 to read as follows: |
|
|
Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL |
|
|
PERMANENT RESIDENTS AS PEACE OFFICERS. (a) In this section, |
|
|
"commission" means the Texas Commission on Law Enforcement. |
|
|
(b) Notwithstanding any other law, a political subdivision |
|
|
that appoints or employs peace officers may appoint or employ as a |
|
|
peace officer a legal permanent resident of the United States if the |
|
|
person 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. Subchapter G, Chapter 1701, Occupations Code, is |
|
|
amended by adding Section 1701.3095 to read as follows: |
|
|
Sec. 1701.3095. LICENSING OF LEGAL PERMANENT |
|
|
RESIDENTS. (a) The commission shall issue a peace officer license |
|
|
to a person who is a legal permanent resident of the United States |
|
|
if the person meets the requirements of this chapter and the |
|
|
commission's rules for the license. |
|
|
(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 and other employee |
|
|
records from each previous law enforcement agency employer, |
|
|
including the employment application submitted to the previous |
|
|
employer; |
|
|
(ii) employment termination 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 peace officer, 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; and |
|
|
(xi) information on the person's background |
|
|
from at least three personal references and at least two |
|
|
professional references. |
|
|
SECTION 5. Not later than December 1, 2023, the Texas |
|
|
Commission on Law Enforcement shall amend rules as necessary to |
|
|
comply with Section 1701.3095, Occupations Code, as added by this |
|
|
Act, and Section 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, 2023. 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, 2023. |