HB4257 - Relating to United States citizenship requirements for the licensing and employment of peace officers.

  89R8369 DNC-F     By: Hefner H.B. No. 4257       A BILL TO BE ENTITLED   AN ACT   relating to United States citizenship requirements for the   licensing and employment of peace officers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 1701, Occupations Code, is   amended by adding Section 1701.3091 to read as follows:           Sec.   1701.3091.     CITIZENSHIP REQUIREMENT FOR PEACE OFFICER   LICENSE APPLICANT. (a) Except as provided by Section 1701.3095,   the commission shall require a person applying for a peace officer   license or the renewal of a peace officer license to provide proof   of United States citizenship.             (b)     A person who satisfies the requirements of Subsection   (a) is not required to submit evidence of the person's United States   citizenship for the subsequent renewal of the person's peace   officer license.          SECTION 2.  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, before hiring the person:                       (A)  received proof:                             (i)     of the person's United States   citizenship; or                             (ii)     if the person is not a United States   citizen, that the person:                                   (a)     is a legal permanent resident of   the United States;                                   (b)     is an honorably discharged   veteran of the armed forces of the United States with at least two   years of service before discharge; and                                   (c)     has applied for United States   citizenship; and                       (B)   to the best of the agency's ability [ before   hiring the person ]:                             (i)  [ (A) ]  contacted each entity or   individual necessary to obtain the information required to be   reviewed under this section; and                             (ii) [ (B) ]  except as provided by Subsection   (b), obtained and reviewed as related to the person, as applicable:                                   (a)  [ (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;                                   (b)  [ (ii) ]  employment termination   reports and misconduct investigation reports maintained by the   commission under this subchapter;                                   (c)  [ (iii) ]  service records   maintained by the commission;                                   (d)  [ (iv) ]  proof that the person   meets the minimum qualifications for enrollment in a training   program under Section 1701.251(a);                                   (e)  [ (v) ]  a military veteran's United   States Department of Defense Form DD-214 or other military   discharge record;                                   (f)  [ (vi) ]  criminal history record   information;                                   (g)  [ (vii) ]  information on pending   warrants as available through the Texas Crime Information Center   and National Crime Information Center;                                   (h)  [ (viii) ]  evidence of financial   responsibility as required by Section 601.051, Transportation   Code;                                   (i)  [ (ix) ]  a driving record from the   Department of Public Safety;                                   (j)   [ (x)     proof of 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;                            [ (xi) ]  information on the person's   background from at least three personal references and at least two   professional references; and                                   (k)  [ (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 3.  (a) Section 1701.3091, Occupations Code, as   added by this Act, applies only to an application for the issuance   or renewal of a peace officer license submitted on or after the   effective date of this Act. An application submitted before the   effective date of this Act is governed by the law in effect on the   date the application was submitted, and the former law is continued   in effect for that purpose.          (b)  The changes in law made by this Act to Section 1701.451,   Occupations Code, apply only to a law enforcement agency that seeks   to hire a person licensed under Chapter 1701, Occupations Code, on   or after the effective date of this Act. The hiring of a person by a   law enforcement agency before that date is governed by the law in   effect on the hiring date, and the former law is continued in effect   for that purpose.          SECTION 4.  This Act takes effect July 1, 2025, if it   receives a vote of two-thirds of all members elected to each house,   as provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for effect on that date,   this Act takes effect September 1, 2025.