law enforcement licenses for citizens of the freely associated states

The text as introduced · 1,018 words

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.