bill letting green-card holders work as county jailers

The text as introduced · 898 words

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.