Bill Text: TX SB24 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the procedures required before a law enforcement agency hires certain persons.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB24 Detail]

Download: Texas-2021-SB24-Comm_Sub.html

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87R23916 MP-D
By: Huffman, et al. S.B. No. 24
(Bonnen)
Substitute the following for S.B. No. 24: No.

A BILL TO BE ENTITLED
AN ACT
relating to the procedures required before a law enforcement agency
hires certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.089, Local Government Code, is
amended by amending Subsection (g) and adding Subsection (h) to
read as follows:
(g) A fire or police department may maintain a personnel
file on a fire fighter or police officer employed by the department
for the department's use. Except as provided by Subsection (h),
[but] the department may not release any information contained in
the department file to any agency or person requesting information
relating to a fire fighter or police officer. The department shall
refer to the director or the director's designee a person or agency
that requests information that is maintained in the fire fighter's
or police officer's personnel file.
(h) As provided by Section 1701.451, Occupations Code, a law
enforcement agency hiring a police officer is entitled to view the
contents of the officer's personnel file maintained under
Subsection (g).
SECTION 2. The heading to Subchapter J, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. EMPLOYMENT RECORDS AND PREEMPLOYMENT PROCEDURE
SECTION 3. The heading to Section 1701.451, Occupations
Code, is amended to read as follows:
Sec. 1701.451. PREEMPLOYMENT PROCEDURE [REQUEST FOR
EMPLOYMENT TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK
CONFIRMATION FORM].
SECTION 4. Section 1701.451, Occupations Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsections
(d), (e), and (f) to read as follows:
(a) Before a law enforcement agency may hire a person
licensed under this chapter, the agency [head or the agency head's
designee] 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; [make a request to the commission for any employment
termination report regarding the person that is maintained by the
commission under this subchapter; and]
(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; and
(xi) information on the person's background
from at least three personal references and at least two
professional references [submit to the commission on the form
prescribed by the commission confirmation that the agency:
[(A) conducted in the manner prescribed by the
commission a criminal background check regarding the person;
[(B) obtained the person's written consent on a
form prescribed by the commission for the agency to view the
person's employment records;
[(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; and
[(D) contacted each of the person's previous law
enforcement employers].
(b) If an entity or individual contacted for information
required to be reviewed under this section refused to provide the
information or did not respond to the request for information, the
confirmation submitted to the commission must document the manner
of the request and the refusal or lack of response [The commission
by rule shall establish a system for verifying an electronically
submitted request required by Subsection (a)(1)].
(c) If the commission or a law enforcement agency receives
from a law enforcement agency a request for information under this
section and the person's consent on the forms and in the manner
prescribed by the commission [that complies with Subsections (a)(1)
and (b)], the commission or agency [employee having the
responsibility to maintain any employment termination report
regarding the person who is the subject of the request] shall
provide the information [release the report] to the requesting
agency.
(d) The confirmation form submitted to the commission under
this section is not confidential and is subject to disclosure under
Chapter 552, Government Code.
(e) The commission shall:
(1) by rule establish the forms and procedures
required by this section, including:
(A) the process by which a law enforcement agency
shall make a person's employment records electronically available
to a law enforcement agency hiring a person licensed under this
chapter;
(B) appropriate privacy and security protections
for the process described by Paragraph (A); and
(C) a rule prohibiting a confirmation form
submitted to the commission under this section from containing
confidential information described by Section 552.1175(b),
Government Code, regarding the person who is the subject of the
confirmation form;
(2) post the forms and procedures on the commission's
Internet website; and
(3) retain a record of each confirmation form
submitted under this section.
(f) The head of a law enforcement agency or the agency
head's designee shall review and sign each confirmation form
required under this section before submission to the commission.
The failure of an agency head or the agency head's designee to
comply with this subsection constitutes grounds for suspension of
the agency head's license under Section 1701.501.
SECTION 5. Section 1701.456(b), Occupations Code, is
amended to read as follows:
(b) A law enforcement agency, agency head, or other law
enforcement official is not liable for civil damages for:
(1) a report made by that agency or person if the
report is made in good faith; or
(2) making a person's information available to a
hiring law enforcement agency under Section 1701.451.
SECTION 6. Section 1701.451(a-1), Occupations Code, is
repealed.
SECTION 7. (a) Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall adopt the rules necessary to
implement Section 1701.451, Occupations Code, as amended by this
Act.
(b) The changes in law made by this Act apply only to the
hiring of a person by a law enforcement agency that occurs on or
after January 1, 2022. 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 8. This Act takes effect September 1, 2021.