Bill Text: TX SB376 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to hiring and licensing certain persons as peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB376 Detail]
Download: Texas-2023-SB376-Introduced.html
| 88R3203 SCP-D | ||
| By: Johnson | S.B. No. 376 | |
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| relating to hiring and licensing certain persons as peace officers. | ||
| 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. COMMISSIONING AND EMPLOYING CERTAIN PERSONS | ||
| AS PEACE OFFICERS. Notwithstanding any other law, a political | ||
| subdivision that commissions and employs peace officers may | ||
| commission and employ as a peace officer a legal permanent resident | ||
| of the United States. | ||
| 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. | ||
| The commission shall issue a peace officer license 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. | ||
| 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 peace officer, legal permanent residence; 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. | ||
