BILL ANALYSIS

H.B. 278

By: Cortez

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A report from the International Association of Chiefs of Police indicates that nearly eight out of 10 law enforcement agencies are experiencing difficulty in recruiting qualified candidates. Furthermore, 65 percent of law enforcement agencies have expressed that they are not receiving enough applications, irrespective of quality, to fill vacant law enforcement positions. Thus, the recruitment and retention of peace officers has become a pressing issue among law enforcement agencies. Currently, the Texas Commission on Law Enforcement only permits U.S. citizens to become licensed peace officers. This requirement has become a major obstacle for law enforcement agencies since it prevents qualified applicants from becoming licensed due to their citizenship status. H.B. 278 seeks to help expand the pool of applicants for law enforcement positions by enabling honorably discharged veterans who are legal permanent residents to become licensed peace officers in Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

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

ANALYSIS

H.B. 278 amends the Local Government Code to authorize a political subdivision that commissions and employs peace officers to commission and employ in that capacity a legal permanent U.S. resident who is an honorably discharged U.S. armed forces veteran. 

H.B. 278 amends the Occupations Code to require the Texas Commission on Law Enforcement (TCOLE) to issue a peace officer license to such a person if they meet the applicable requirements under state law and TCOLE rules. The bill requires TCOLE to amend rules as necessary to comply with this requirement.

EFFECTIVE DATE

September 1, 2023.