BILL ANALYSIS


                                                         S.B. 249
                                                       By: Bivins
                                                 Criminal Justice
                                                          4-10-95
                                     Committee Report (Unamended)
BACKGROUND

Currently, Section 211.80(a)(1), Texas Administrative Code,
requires United States citizenship for any applicant for a license
as a peace officer, reserve, armed public security officer or
jailer.  Rulemaking authority for the Texas Commission on Law
Enforcement Standards and Education is derived from Section
415.010(10), Government Code, regarding establishment of minimum
licensing standards relating to competence and reliability.  U.S.
citizenship is omitted.  The Local Government Code does not conform
to the Texas Administrative Code.

PURPOSE

As proposed, C.S.S.B. 249 authorizes a municipality to require its
peace officers to be United States citizens.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 150B, Local Government Code, as follows:

  SUBCHAPTER B. New title: RESIDENCY OR CITIZENSHIP REQUIREMENTS

SECTION 2.  Amends Chapter 150B, Local Government Code, by adding
Section 150.022, as follows:

     Sec. 150.022.  CITIZENSHIP REQUIREMENT.  (a)  Authorizes a
     municipality to requires United States citizenship as a
     prerequisite to appointment or employment as a peace officer
     by that municipality.
     
     (b)  Defines "peace officer."
       
       SECTION 3.   Emergency clause.
           Effective date: upon passage.