Texas HB 1152: Relating to the licensing of certain veterans by the Texas Commission on Law Enforcement and the hiring of those veterans by political subdivisions.

Bill Text

By:AAVo, Garcia, Neave Criado, Geren, Guillen, H.B.ANo.A1152
AAAAAet al.
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of certain veterans by the Texas
Commission on Law Enforcement and the hiring of those veterans by
political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAThe heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
SECTIONA2.AAChapter 370, Local Government Code, is amended
by adding Section 370.007 to read as follows:
Sec.A370.007.AAAPPOINTING OR EMPLOYING CERTAIN VETERANS TO
POSITION REQUIRING LICENSURE. (a) In this section, "commission"
means the Texas Commission on Law Enforcement.
(b)AANotwithstanding 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
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.
(c)AAA political subdivision may not appoint or employ a
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person under this section to hold a supervisory position until the
person becomes a United States citizen.
SECTIONA3.AASubchapter G, Chapter 1701, Occupations Code, is
amended by adding Section 1701.3095 to read as follows:
Sec.A1701.3095.AALICENSING OF CERTAIN 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)AAmeets the requirements of this chapter and the
commission’s rules for the license;
(2)AAis an honorably discharged veteran of the armed
forces of the United States with at least two years of service
before discharge; and
(3)AApresents evidence satisfactory to the commission
that the person has applied for United States citizenship.
SECTIONA4.AASection 1701.451(a), Occupations Code, is
amended to read as follows:
(a)AABefore 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)AAobtain the person’s written consent for the agency
to review the information required to be reviewed under this
section;
(2)AArequest from the commission and any other
applicable person information required to be reviewed under this
section; and
(3)AAsubmit to the commission confirmation that the
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H.B.ANo.A1152
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agency, to the best of the agency’s ability before hiring the
person:
(A)AAcontacted each entity or individual
necessary to obtain the information required to be reviewed under
this section; and
(B)AAexcept as provided by Subsection (b),
obtained and reviewed as related to the person, as applicable:
(i)AApersonnel files and other employee
records from each previous law enforcement agency employer,
including the employment application submitted to the previous
employer;
(ii)AAemployment termination reports
maintained by the commission under this subchapter;
(iii)AAservice records maintained by the
commission;
(iv)AAproof that the person meets the
minimum qualifications for enrollment in a training program under
Section 1701.251(a);
(v)AAa military veteran’s United States
Department of Defense Form DD-214 or other military discharge
record;
(vi)AAcriminal history record information;
(vii)AAinformation on pending warrants as
available through the Texas Crime Information Center and National
Crime Information Center;
(viii)AAevidence of financial
responsibility as required by Section 601.051, Transportation
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Code;
(ix)AAa driving record from the Department
of Public Safety;
(x)AAproof 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; and
(xi)AAinformation on the person’s background
from at least three personal references and at least two
professional references.
SECTIONA5.AANot later than December 1, 2023, the Texas
Commission on Law Enforcement shall amend rules as necessary to
comply with Section 1701.3095, Occupations Code, as added by this
Act, and Section 1701.451, Occupations Code, as amended by this
Act.
SECTIONA6.AASection 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, 2023. The
hiring of a person by a l