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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures required before a law enforcement agency |
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hires a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter J, Chapter 1701, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER J. EMPLOYMENT RECORDS AND PREEMPLOYMENT PROCEDURE |
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SECTION 2. The heading to Section 1701.451, Occupations |
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Code, is amended to read as follows: |
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Sec. 1701.451. PREEMPLOYMENT PROCEDURE: NON-PEACE OFFICER |
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POSITIONS [REQUEST FOR EMPLOYMENT TERMINATION REPORT AND |
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SUBMISSION OF BACKGROUND CHECK CONFIRMATION FORM]. |
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SECTION 3. 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 for a position other than a peace |
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officer position, the agency head or the agency head's designee |
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must: |
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(1) make a request to the commission for any |
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employment termination report regarding the person that is |
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maintained by the commission under this subchapter; and |
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(2) submit to the commission on the form prescribed by |
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the commission confirmation that the agency: |
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(A) conducted in the manner prescribed by the |
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commission a criminal background check regarding the person; |
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(B) obtained the person's written consent on a |
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form prescribed by the commission for the agency to view the |
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person's employment records; |
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(C) obtained from the commission any service or |
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education records regarding the person maintained by the |
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commission; and |
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(D) contacted each of the person's previous law |
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enforcement employers. |
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SECTION 4. Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.4511 to read as follows: |
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Sec. 1701.4511. PREEMPLOYMENT PROCEDURE: PEACE OFFICER |
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POSITIONS. (a) Before a law enforcement agency may hire a person |
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licensed under this chapter for a peace officer position, the |
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agency shall: |
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(1) obtain the officer's written consent, on a form and |
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in the manner prescribed by the commission, for the agency to review |
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the information required to be reviewed under this section; |
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(2) request from the commission and any other |
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applicable person, on a form and in the manner prescribed by the |
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commission, information required to be reviewed under this section; |
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and |
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(3) submit to the commission, on a form and in the |
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manner prescribed by the commission, confirmation that the agency, |
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to the best of the agency's ability before hiring the 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 officer, 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 officer meets the |
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minimum qualifications for enrollment in a peace officer training |
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program under Section 1701.255(c); |
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(v) a military veteran's Department of |
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Defense Form DD-214 or other military discharge 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) claim history for claims made against |
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automobile insurance policies; |
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(xi) the officer's social media activity; |
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(xii) proof of U.S. citizenship; and |
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(xiii) information on the officer's |
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background from at least three personal references and at least two |
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professional references. |
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(b) If an entity or individual contacted for information |
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required to be reviewed under this section refused to provide the |
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information or did not respond to the request for information, the |
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confirmation submitted to the commission must document the manner |
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of the request and the refusal or lack of response. |
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(c) If the commission or a law enforcement agency receives a |
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request for information and the officer's consent on the forms and |
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in the manner prescribed by the commission, the commission or |
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agency shall provide the information. |
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(d) Information submitted to the commission on a |
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confirmation form under this section is not confidential and is |
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subject to disclosure under Chapter 552, Government Code. |
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(e) The commission shall: |
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(1) by rule establish the forms and procedures |
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required by this section; |
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(2) post the forms and procedures on the commission's |
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Internet website; and |
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(3) retain a record of each confirmation form |
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submitted under this section. |
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(f) The head of a law enforcement agency shall review and |
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sign each confirmation form required under this section before |
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submission to the commission. The failure of an agency head to |
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comply with this subsection constitutes grounds for suspension of |
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the agency head's license under Section 1701.501. |
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SECTION 5. Section 1701.456(b), Occupations Code, is |
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amended to read as follows: |
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(b) A law enforcement agency, agency head, or other law |
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enforcement official is not liable for civil damages for: |
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(1) a report made by that agency or person if the |
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report is made in good faith; or |
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(2) making a person's information available to a |
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hiring law enforcement agency under Section 1701.4511. |
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SECTION 6. (a) Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall adopt the rules necessary to |
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implement Section 1701.4511, Occupations Code, as added by this |
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Act. |
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(b) The changes in law made by this Act apply only to the |
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hiring of a person by a law enforcement agency that occurs on or |
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after January 1, 2022. The hiring of a person by a law enforcement |
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agency that occurs before that date is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |