HB1561 - Relating to the licensing of legal permanent residents as county jailers by the Texas Commission on Law Enforcement and the hiring of those legal permanent residents by political subdivisions.

  89R1852 SCP-D     By: Hernandez H.B. No. 1561       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of legal permanent residents as county   jailers by the Texas Commission on Law Enforcement and the hiring of   those legal permanent residents by political subdivisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 370.007, Local Government   Code, as added by Chapter 1049 (S.B. 252), Acts of the 88th   Legislature, Regular Session, 2023, is amended to read as follows:          Sec. 370.007.  APPOINTING OR EMPLOYING CERTAIN LEGAL   PERMANENT RESIDENTS [ VETERANS ] TO POSITION REQUIRING LICENSURE.          SECTION 2.  Section 370.007(b), Local Government Code, as   added by Chapter 1049 (S.B. 252), Acts of the 88th Legislature,   Regular Session, 2023, is amended to read as follows:          (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 :                 (1)     appoint or employ a legal permanent resident of   the United States to be a county jailer if the person holds a county   jailer license issued by the commission; and                 (2)   appoint or employ a legal permanent resident of   the United States to hold a [ the ] position other than as a county   jailer if the person is an honorably discharged veteran of the armed   forces of the United States with at least two years of service   before discharge and holds the appropriate license issued by the   commission.          SECTION 3.  Section 1701.3095, Occupations Code, is amended   to read as follows:          Sec. 1701.3095.  LICENSING OF CERTAIN [ VETERANS WHO ARE ]   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:                (1)  meets the requirements of this chapter and the   commission's rules for the license;                (2)  is an honorably discharged veteran of the armed   forces of the United States with at least two years of service   before discharge; and                (3)  presents evidence satisfactory to the commission   that the person has applied for United States citizenship.           (b)     Notwithstanding Subsection (a), the commission shall   issue a county jailer license to a person who:                 (1)     is a legal permanent resident of the United   States; and                   (2)     meets the requirements of this chapter and the   commission's rules for the license.          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, as described by   Section 1701.4535, and other employee records from each previous   law enforcement agency employer, including the employment   application submitted to the previous employer;                            (ii)  employment termination reports and   misconduct investigation 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 :                                   (a)   United States citizenship or, if   the person is an honorably discharged veteran of the armed forces of   the United States with at least two years of service before   discharge, proof of legal permanent residence and proof that the   person has applied for United States citizenship; or                                   (b)     United States citizenship or   legal permanent residence, if the person is being hired as a county   jailer;                            (xi)  information on the person's background   from at least three personal references and at least two   professional references; and                            (xii)  information on the person's law   enforcement background as available through a database designated   by the commission under Section 1701.169 and, if applicable, a file   or record obtained by the commission under Section 1701.3035.          SECTION 5.  Not later than December 1, 2025, the Texas   Commission on Law Enforcement shall amend rules as necessary to   comply with Sections 1701.3095 and 1701.451, Occupations Code, as   amended by this Act.          SECTION 6.  Section 1701.451(a), 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, 2025.  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, 2025.