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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of legal permanent residents as county |
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jailers by the Texas Commission on Law Enforcement and the hiring of |
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those legal permanent residents by political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 370.007, Local Government |
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Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th |
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Legislature, Regular Session, 2023, is amended to read as follows: |
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Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL |
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PERMANENT RESIDENTS [VETERANS] TO POSITION REQUIRING LICENSURE. |
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SECTION 2. Section 370.007(b), Local Government Code, as |
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added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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(b) Notwithstanding any other law, a political subdivision |
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that appoints or employs a person to hold a position that requires |
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the person to be licensed by the commission may: |
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(1) appoint or employ a legal permanent resident of |
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the United States to be a county jailer if the person holds a county |
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jailer license issued by the commission; and |
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(2) appoint or employ a legal permanent resident of |
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the United States to hold a [the] position other than as a county |
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jailer if the person is an honorably discharged veteran of the armed |
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forces of the United States with at least two years of service |
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before discharge and holds the appropriate license issued by the |
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commission. |
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SECTION 3. Section 1701.3095, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.3095. LICENSING OF CERTAIN [VETERANS WHO ARE] |
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LEGAL PERMANENT RESIDENTS. (a) The commission shall issue a |
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license the commission is authorized to issue to a person who is a |
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legal permanent resident of the United States if the person: |
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(1) meets the requirements of this chapter and the |
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commission's rules for the license; |
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(2) is an honorably discharged veteran of the armed |
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forces of the United States with at least two years of service |
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before discharge; and |
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(3) presents evidence satisfactory to the commission |
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that the person has applied for United States citizenship. |
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(b) Notwithstanding Subsection (a), the commission shall |
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issue a county jailer license to a person who: |
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(1) is a legal permanent resident of the United |
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States; and |
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(2) meets the requirements of this chapter and the |
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commission's rules for the license. |
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SECTION 4. Section 1701.451(a), Occupations Code, is |
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amended to read as follows: |
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(a) Before a law enforcement agency may hire a person |
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licensed under this chapter, the agency must, on a form and in the |
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manner prescribed by the commission: |
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(1) obtain the person's written consent for the agency |
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to review the information required to be reviewed under this |
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section; |
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(2) request from the commission and any other |
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applicable person information required to be reviewed under this |
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section; and |
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(3) submit to the commission confirmation that the |
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agency, to the best of the agency's ability before hiring the |
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person: |
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(A) contacted each entity or individual |
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necessary to obtain the information required to be reviewed under |
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this section; and |
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(B) except as provided by Subsection (b), |
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obtained and reviewed as related to the person, as applicable: |
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(i) personnel files, as described by |
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Section 1701.4535, and other employee records from each previous |
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law enforcement agency employer, including the employment |
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application submitted to the previous employer; |
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(ii) employment termination reports and |
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misconduct investigation reports maintained by the commission |
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under this subchapter; |
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(iii) service records maintained by the |
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commission; |
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(iv) proof that the person meets the |
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minimum qualifications for enrollment in a training program under |
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Section 1701.251(a); |
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(v) a military veteran's United States |
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Department of Defense Form DD-214 or other military discharge |
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record; |
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(vi) criminal history record information; |
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(vii) information on pending warrants as |
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available through the Texas Crime Information Center and National |
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Crime Information Center; |
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(viii) evidence of financial |
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responsibility as required by Section 601.051, Transportation |
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Code; |
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(ix) a driving record from the Department |
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of Public Safety; |
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(x) proof of: |
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(a) United States citizenship or, if |
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the person is an honorably discharged veteran of the armed forces of |
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the United States with at least two years of service before |
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discharge, proof of legal permanent residence and proof that the |
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person has applied for United States citizenship; or |
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(b) United States citizenship or |
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legal permanent residence, if the person is being hired as a county |
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jailer; |
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(xi) information on the person's background |
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from at least three personal references and at least two |
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professional references; and |
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(xii) information on the person's law |
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enforcement background as available through a database designated |
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by the commission under Section 1701.169 and, if applicable, a file |
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or record obtained by the commission under Section 1701.3035. |
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SECTION 5. Not later than December 1, 2025, the Texas |
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Commission on Law Enforcement shall amend rules as necessary to |
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comply with Sections 1701.3095 and 1701.451, Occupations Code, as |
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amended by this Act. |
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SECTION 6. Section 1701.451(a), Occupations Code, as |
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amended by this Act, applies only to the hiring of a person by a law |
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enforcement agency that occurs on or after December 1, 2025. The |
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hiring of a person by a law enforcement agency that occurs before |
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that date is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2025. |