BILL ANALYSIS

H.B. 4257

By: Hefner

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of a loophole in current law allowing a law enforcement agency to hire a licensed non-citizen peace officer without ensuring proof of citizenship, which exists because agencies are only required to submit confirmation to the Texas Commission on Law Enforcement that they have obtained proof of citizenship to the best of their ability. The bill author has further informed the committee that the power to deprive a person of his liberty through enforcement of criminal laws should be reserved only to those who are U.S. citizens. H.B. 4257 seeks to ensure that only U.S. citizens are peace officers.

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. 4257 amends the Occupations Code to require the Texas Commission on Law Enforcement (TCOLE) to require a person applying for a peace officer license or the renewal of a peace officer license to provide proof of U.S. citizenship. The bill establishes that a person who satisfies that requirement is not required to submit evidence of U.S. citizenship for the subsequent renewal of the license. These provisions apply only to an application for the issuance or renewal of a peace officer license submitted on or after the bill's effective date. An application submitted before the bill's effective date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

H.B. 4257 requires a law enforcement agency, before the agency may hire a person licensed as a law enforcement officer, to submit confirmation to TCOLE on a form and in the manner prescribed by TCOLE that the agency, before hiring the person, received proof of the following:

· the person's U.S. citizenship; or

· if the person is not a U.S. citizen, that the person meets the following criteria:

o is a legal permanent resident of the United States;

o is an honorably discharged veteran of the U.S. armed forces with at least two years of service before discharge; and

o has applied for U.S. citizenship.

These provisions apply only to a law enforcement agency that seeks to hire a licensed law enforcement officer on or after the bill's effective date. The hiring of a person by a law enforcement agency before that date is governed by the law in effect on the hiring date, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

July 1, 2025, or, if the bill does not receive the necessary vote, September 1, 2025.