88R3203 SCP-D
 
  By: Johnson S.B. No. 376
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to hiring and licensing certain persons as peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
  COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
  GOVERNMENT
         SECTION 2.  Chapter 370, Local Government Code, is amended
  by adding Section 370.007 to read as follows:
         Sec. 370.007.  COMMISSIONING AND EMPLOYING CERTAIN PERSONS
  AS PEACE OFFICERS. Notwithstanding any other law, a political
  subdivision that commissions and employs peace officers may
  commission and employ as a peace officer a legal permanent resident
  of the United States.
         SECTION 3.  Subchapter G, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.3095 to read as follows:
         Sec. 1701.3095.  LICENSING OF LEGAL PERMANENT RESIDENTS.
  The commission shall issue a peace officer license to a person who
  is a legal permanent resident of the United States if the person
  meets the requirements of this chapter and the commission's rules.
         SECTION 4.  Section 1701.451(a), Occupations Code, is
  amended to read as follows:
         (a)  Before a law enforcement agency may hire a person
  licensed under this chapter, the agency must, on a form and in the
  manner prescribed by the commission:
               (1)  obtain the person's written consent for the agency
  to review the information required to be reviewed under this
  section;
               (2)  request from the commission and any other
  applicable person information required to be reviewed under this
  section; and
               (3)  submit to the commission confirmation that the
  agency, to the best of the agency's ability before hiring the
  person:
                     (A)  contacted each entity or individual
  necessary to obtain the information required to be reviewed under
  this section; and
                     (B)  except as provided by Subsection (b),
  obtained and reviewed as related to the person, as applicable:
                           (i)  personnel files and other employee
  records from each previous law enforcement agency employer,
  including the employment application submitted to the previous
  employer;
                           (ii)  employment termination reports
  maintained by the commission under this subchapter;
                           (iii)  service records maintained by the
  commission;
                           (iv)  proof that the person meets the
  minimum qualifications for enrollment in a training program under
  Section 1701.251(a);
                           (v)  a military veteran's United States
  Department of Defense Form DD-214 or other military discharge
  record;
                           (vi)  criminal history record information;
                           (vii)  information on pending warrants as
  available through the Texas Crime Information Center and National
  Crime Information Center;
                           (viii)  evidence of financial
  responsibility as required by Section 601.051, Transportation
  Code;
                           (ix)  a driving record from the Department
  of Public Safety;
                           (x)  proof of United States citizenship or,
  if the person is a peace officer, legal permanent residence; and
                           (xi)  information on the person's background
  from at least three personal references and at least two
  professional references.
         SECTION 5.  Not later than December 1, 2023, the Texas
  Commission on Law Enforcement shall amend rules as necessary to
  comply with Section 1701.3095, Occupations Code, as added by this
  Act, and Section 1701.451, Occupations Code, as amended by this
  Act.
         SECTION 6.  Section 1701.451, Occupations Code, as amended
  by this Act, applies only to the hiring of a person by a law
  enforcement agency that occurs on or after December 1, 2023. The
  hiring of a person by a law enforcement agency that occurs before
  that date is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2023.