HB4304 - Relating to the licensing of certain persons by the Texas Commission on Law Enforcement and the hiring of those persons by political subdivisions.

  89R14319 DRS-D     By: Vo H.B. No. 4304       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of certain persons by the Texas   Commission on Law Enforcement and the hiring of those persons by   political subdivisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 370.007, Local Government Code, as added   by Chapter 1049 (S.B. 252), Acts of the 88th Legislature, Regular   Session, 2023, is redesignated as Section 370.009, Local Government   Code, and amended to read as follows:          Sec.  370.009   [ 370.007 ].  APPOINTING OR EMPLOYING CERTAIN   INDIVIDUALS [ VETERANS ] TO POSITION REQUIRING LICENSURE. (a)  In   this section, "commission" means the Texas Commission on Law   Enforcement.          (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 appoint or employ a   person who [ legal permanent resident of the United States to hold   the position 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 and is:                 (1)     a legal permanent resident of the United States   who is an honorably discharged veteran of the armed forces of the   United States with at least two years of service before discharge;   or                 (2)     a nonimmigrant legally admitted to the United   States as a citizen of a freely associated state as defined by 48   U.S.C. Section 1988 .          (c)  A political subdivision may not appoint or employ a   person under this section to hold a supervisory position until the   person becomes a United States citizen.          SECTION 2.  Section 1701.3095, Occupations Code, is amended   to read as follows:          Sec. 1701.3095.  LICENSING OF CERTAIN INDIVIDUALS [ VETERANS   WHO ARE LEGAL PERMANENT RESIDENTS ].  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 and: [ ; ]                 (1)  [ (2) ]  is a legal permanent resident of the United   States and:                       (A)  is an honorably discharged veteran of the   armed forces of the United States with at least two years of service   before discharge; and                       (B)  [ (3) ]  presents evidence satisfactory to the   commission that the person has applied for United States   citizenship ; or                 (2)     is a nonimmigrant legally admitted to the United   States as a citizen of a freely associated state as defined by 48   U.S.C. Section 1988 .          SECTION 3.  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 United States citizenship ;                             (xi)   [ 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 , 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 ;                             (xii)     proof the person is a nonimmigrant   legally admitted to the United States as a citizen of a freely   associated state as defined by 48 U.S.C. Section 1988;                             (xiii) [ (xi) ] information on the person's   background from at least three personal references and at least two   professional references; and                             (xiv) [ (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 4.  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 5.  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, 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 6.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect September 1, 2025.