SRC-DPW S.B. 534 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 534
76R123 KLA-DBy: Ratliff
Criminal Justice
4/19/1999
As Filed


DIGEST 

Currently, Texas law does not require U.S. citizenship for eligibility for
certification as a peace officer in the State of Texas.  Such requirement
existed previous to the 1981 legislative session.  Until recently, the
Texas Commission on Law Enforcement (commission) had continued to require
citizenship for certification based on Section 211.80(a)(1), Texas
Administrative Code.  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. 

PURPOSE

As proposed, S.B. 534 requires a person to be a citizen of the United
States to obtain a license to be an officer, county jailer, or public
security officer. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

Sec. 415.0591. CITIZENSHIP REQUIREMENT. Requires a person to be a citizen
of the United States 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.  Exempts a person holding a license on September 1, 1999, from
the citizenship requirement, while that license is in effect. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.