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A BILL TO BE ENTITLED
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AN ACT
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relating to hiring and licensing certain persons as peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND |
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COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL |
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GOVERNMENT |
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SECTION 2. Chapter 370, Local Government Code, is amended |
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by adding Section 370.007 to read as follows: |
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Sec. 370.007. COMMISSIONING AND EMPLOYING CERTAIN PERSONS |
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AS PEACE OFFICERS. Notwithstanding any other law, a political |
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subdivision that commissions and employs peace officers may |
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commission and employ as a peace officer a legal permanent resident |
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of the United States. |
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SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3095 to read as follows: |
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Sec. 1701.3095. LICENSING OF LEGAL PERMANENT RESIDENTS. |
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The commission shall issue a peace officer license to a person who |
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is a legal permanent resident of the United States if the person |
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meets the requirements of this chapter and the commission's rules. |
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SECTION 4. Section 1701.451(a), Occupations Code, is |
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amended to read as follows: |
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(a) Before a law enforcement agency may hire a person |
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licensed under this chapter, the agency must, on a form and in the |
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manner prescribed by the commission: |
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(1) obtain the person's written consent for the agency |
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to review the information required to be reviewed under this |
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section; |
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(2) request from the commission and any other |
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applicable person information required to be reviewed under this |
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section; and |
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(3) submit to the commission confirmation that the |
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agency, to the best of the agency's ability before hiring the |
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person: |
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(A) contacted each entity or individual |
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necessary to obtain the information required to be reviewed under |
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this section; and |
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(B) except as provided by Subsection (b), |
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obtained and reviewed as related to the person, as applicable: |
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(i) personnel files and other employee |
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records from each previous law enforcement agency employer, |
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including the employment application submitted to the previous |
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employer; |
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(ii) employment termination reports |
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maintained by the commission under this subchapter; |
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(iii) service records maintained by the |
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commission; |
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(iv) proof that the person meets the |
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minimum qualifications for enrollment in a training program under |
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Section 1701.251(a); |
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(v) a military veteran's United States |
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Department of Defense Form DD-214 or other military discharge |
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record; |
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(vi) criminal history record information; |
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(vii) information on pending warrants as |
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available through the Texas Crime Information Center and National |
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Crime Information Center; |
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(viii) evidence of financial |
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responsibility as required by Section 601.051, Transportation |
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Code; |
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(ix) a driving record from the Department |
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of Public Safety; |
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(x) proof of United States citizenship or, |
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if the person is a peace officer, legal permanent residence; and |
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(xi) information on the person's background |
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from at least three personal references and at least two |
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professional references. |
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SECTION 5. Not later than December 1, 2023, the Texas |
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Commission on Law Enforcement shall amend rules as necessary to |
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comply with Section 1701.3095, Occupations Code, as added by this |
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Act, and Section 1701.451, Occupations Code, as amended by this |
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Act. |
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SECTION 6. Section 1701.451, Occupations Code, as amended |
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by this Act, applies only to the hiring of a person by a law |
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enforcement agency that occurs on or after December 1, 2023. The |
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hiring of a person by a law enforcement agency that occurs before |
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that date is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |