89R8369 DNC-F

By: Hefner H.B. No. 4257

A BILL TO BE ENTITLED

AN ACT

relating to United States citizenship requirements for the licensing and employment of peace officers.

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

SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is amended by adding Section 1701.3091 to read as follows:

Sec. 1701.3091. CITIZENSHIP REQUIREMENT FOR PEACE OFFICER LICENSE APPLICANT. (a) Except as provided by Section 1701.3095, the commission shall require a person applying for a peace officer license or the renewal of a peace officer license to provide proof of United States citizenship.

(b) A person who satisfies the requirements of Subsection (a) is not required to submit evidence of the person's United States citizenship for the subsequent renewal of the person's peace officer license.

SECTION 2. 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, before hiring the person:

(A) received proof:

(i) of the person's United States citizenship; or

(ii) if the person is not a United States citizen, that the person:

(a) is a legal permanent resident of the United States;

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

(c) has applied for United States citizenship; and

(B) to the best of the agency's ability [before hiring the person]:

(i) [(A)] contacted each entity or individual necessary to obtain the information required to be reviewed under this section; and

(ii) [(B)] except as provided by Subsection (b), obtained and reviewed as related to the person, as applicable:

(a) [(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;

(b) [(ii)] employment termination reports and misconduct investigation reports maintained by the commission under this subchapter;

(c) [(iii)] service records maintained by the commission;

(d) [(iv)] proof that the person meets the minimum qualifications for enrollment in a training program under Section 1701.251(a);

(e) [(v)] a military veteran's United States Department of Defense Form DD-214 or other military discharge record;

(f) [(vi)] criminal history record information;

(g) [(vii)] information on pending warrants as available through the Texas Crime Information Center and National Crime Information Center;

(h) [(viii)] evidence of financial responsibility as required by Section 601.051, Transportation Code;

(i) [(ix)] a driving record from the Department of Public Safety;

(j) [(x) proof of United States citizenship or, if the person is 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 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

(k) [(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 3. (a) Section 1701.3091, Occupations Code, as added by this Act, applies only to an application for the issuance or renewal of a peace officer license submitted on or after the effective date of this Act. An application submitted before the effective date of this Act 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.

(b) The changes in law made by this Act to Section 1701.451, Occupations Code, apply only to a law enforcement agency that seeks to hire a person licensed under Chapter 1701, Occupations Code, on or after the effective date of this Act. 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.

SECTION 4. This Act takes effect July 1, 2025, if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect September 1, 2025.