HBA-DMD S.B. 534 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 534
By: Ratliff
Public Safety
5/11/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, there is no provision specifying that to be
eligible for certification as a peace office in this state, a person is
required to be a U.S. citizen. Such a requirement existed before the 1981
legislative session. Until recently, the Texas Commission on Law
Enforcement (commission) had continued to require citizenship for
certification based on the Texas Administrative Code. However, an attorney
general opinion withdrew the commission's authority to use the
administrative rule. This bill would reinstate the language requiring
citizenship in the statute governing the commission. S.B. 534 provides that
a person must be a citizen of the United States in order to obtain a
license as an officer, county jailer, or public security officer, with an
exception.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 415, Government Code, by adding
Section 415.0591, as follows: 

Sec. 415.0591. CITIZENSHIP REQUIREMENT. (a) Provides that a person must be
a United States citizen in order to obtain a license to be an officer,
county jailer, or public security officer. Requires the Commission on Law
Enforcement Officer Standards and Education to establish procedures for
proving citizenship.  

(b) Provides that a person who holds a license on September 1, 1999, is not
subject to Subsection (a) while that license is in effect. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.