89R1404 DRS-D

By: Vo H.B. No. 1112

A BILL TO BE ENTITLED

AN ACT

relating to the licensing of certain persons by the Texas Commission on Law Enforcement and the hiring of those persons by political subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 370.007, Local Government Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:

Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL PERMANENT RESIDENTS [VETERANS] TO POSITION REQUIRING LICENSURE.

SECTION 2. Section 370.007(b), Local Government Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:

(b) Notwithstanding any other law, a political subdivision that appoints or employs a person to hold a position that requires the person to be licensed by the commission may appoint or employ a legal permanent resident of the United States to hold the position if the person:

(1) [is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and] holds the appropriate license issued by the commission; and

(2) submits an affidavit to the political subdivision in a form prescribed by the commission affirming the person's intent to apply for United States citizenship not later than six months after the date the person becomes eligible to do so.

SECTION 3. Section 1701.3095, Occupations Code, is amended to read as follows:

Sec. 1701.3095. LICENSING OF [CERTAIN VETERANS WHO ARE] LEGAL PERMANENT RESIDENTS. (a) The commission shall issue a license the commission is authorized to issue to a person who is a legal permanent resident of the United States if the person[:

[(1)] meets the requirements of this chapter and the commission's rules for the license[;

[(2) is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge; and

[(3) presents evidence satisfactory to the commission that the person has applied for United States citizenship].

(b) The commission shall prescribe a form for a person who is a legal permanent resident of the United States to affirm the person's intent to apply for United States citizenship not later than six months after the date the person becomes eligible to do so.

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, as described by Section 1701.4535, and other employee records from each previous law enforcement agency employer, including the employment application submitted to the previous employer;

(ii) employment termination reports and misconduct investigation 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 legal permanent resident [an honorably discharged veteran of the armed forces] of the United States [with at least two years of service before discharge], proof of legal permanent residence and an affidavit affirming the person's intent to apply for United States citizenship not later than six months after the date the person becomes eligible to do so [proof that the person has applied for United States citizenship];

(xi) information on the person's background from at least three personal references and at least two professional references; and

(xii) information on the person's law enforcement background as available through a database designated by the commission under Section 1701.169 and, if applicable, a file or record obtained by the commission under Section 1701.3035.

SECTION 5. Not later than December 1, 2025, the Texas Commission on Law Enforcement shall amend rules as necessary to comply with Sections 1701.3095 and 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, 2025. 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, 2025.