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.