Bill Text: TX HB1076 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the licensing of certain persons as peace officers by the Texas Commission on Law Enforcement and the hiring of those persons by political subdivisions.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2023-05-04 - Committee report sent to Calendars [HB1076 Detail]
Download: Texas-2023-HB1076-Comm_Sub.html
| 88R19084 DRS-D | |||
| By: Neave Criado, Geren, Anchía, Frazier, Vo, | H.B. No. 1076 | ||
| et al. | |||
| Substitute the following for H.B. No. 1076: | |||
| By: J. Johnson of Harris | C.S.H.B. No. 1076 | ||
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| 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 Chapter 370, Local Government | ||
| Code, is amended to read as follows: | ||
| CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [ |
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| GOVERNMENT | ||
| SECTION 2. Chapter 370, Local Government Code, is amended | ||
| by adding Section 370.007 to read as follows: | ||
| Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN LEGAL | ||
| PERMANENT RESIDENTS TO POSITION REQUIRING LICENSURE. (a) In this | ||
| section, "commission" means the Texas Commission on Law | ||
| Enforcement. | ||
| (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) 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. 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. (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 meets the requirements of this | ||
| chapter and the commission's rules for the license. | ||
| (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 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 legal permanent resident of the United States, | ||
| 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; | ||
| 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. | ||
