peace officer licenses require proof of U.S. citizenship

The text as introduced · 812 words

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.