Bill Text: TX SB24 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the procedures required before a law enforcement agency hires certain persons.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB24 Detail]

Download: Texas-2021-SB24-Introduced.html

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87R9465 MP-D
By: Huffman S.B. No. 24

A BILL TO BE ENTITLED
AN ACT
relating to the procedures required before a law enforcement agency
hires a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter J, Chapter 1701,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. EMPLOYMENT RECORDS AND PREEMPLOYMENT PROCEDURE
SECTION 2. The heading to Section 1701.451, Occupations
Code, is amended to read as follows:
Sec. 1701.451. PREEMPLOYMENT PROCEDURE: NON-PEACE OFFICER
POSITIONS [REQUEST FOR EMPLOYMENT TERMINATION REPORT AND
SUBMISSION OF BACKGROUND CHECK CONFIRMATION FORM].
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 for a position other than a peace
officer position, the agency head or the agency head's designee
must:
(1) make a request to the commission for any
employment termination report regarding the person that is
maintained by the commission under this subchapter; and
(2) submit to the commission on the form prescribed by
the commission confirmation that the agency:
(A) conducted in the manner prescribed by the
commission a criminal background check regarding the person;
(B) obtained the person's written consent on a
form prescribed by the commission for the agency to view the
person's employment records;
(C) obtained from the commission any service or
education records regarding the person maintained by the
commission; and
(D) contacted each of the person's previous law
enforcement employers.
SECTION 4. Subchapter J, Chapter 1701, Occupations Code, is
amended by adding Section 1701.4511 to read as follows:
Sec. 1701.4511. PREEMPLOYMENT PROCEDURE: PEACE OFFICER
POSITIONS. (a) Before a law enforcement agency may hire a person
licensed under this chapter for a peace officer position, the
agency shall:
(1) obtain the officer's written consent, on a form and
in the manner prescribed by the commission, for the agency to review
the information required to be reviewed under this section;
(2) request from the commission and any other
applicable person, on a form and in the manner prescribed by the
commission, information required to be reviewed under this section;
and
(3) submit to the commission, on a form and in the
manner prescribed by 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 officer, as applicable:
(i) personnel files and other employee
records from each previous law enforcement agency employer,
including the employment application submitted to the previous
employer;
(ii) employment termination reports
maintained by the commission under this subchapter;
(iii) service records maintained by the
commission;
(iv) proof that the officer meets the
minimum qualifications for enrollment in a peace officer training
program under Section 1701.255(c);
(v) a military veteran's 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) claim history for claims made against
automobile insurance policies;
(xi) the officer's social media activity;
(xii) proof of U.S. citizenship; and
(xiii) information on the officer's
background from at least three personal references and at least two
professional references.
(b) If an entity or individual contacted for information
required to be reviewed under this section refused to provide the
information or did not respond to the request for information, the
confirmation submitted to the commission must document the manner
of the request and the refusal or lack of response.
(c) If the commission or a law enforcement agency receives a
request for information and the officer's consent on the forms and
in the manner prescribed by the commission, the commission or
agency shall provide the information.
(d) Information submitted to the commission on a
confirmation form under this section is not confidential and is
subject to disclosure under Chapter 552, Government Code.
(e) The commission shall:
(1) by rule establish the forms and procedures
required by this section;
(2) post the forms and procedures on the commission's
Internet website; and
(3) retain a record of each confirmation form
submitted under this section.
(f) The head of a law enforcement agency shall review and
sign each confirmation form required under this section before
submission to the commission. The failure of an agency head to
comply with this subsection constitutes grounds for suspension of
the agency head's license under Section 1701.501.
SECTION 5. Section 1701.456(b), Occupations Code, is
amended to read as follows:
(b) A law enforcement agency, agency head, or other law
enforcement official is not liable for civil damages for:
(1) a report made by that agency or person if the
report is made in good faith; or
(2) making a person's information available to a
hiring law enforcement agency under Section 1701.4511.
SECTION 6. (a) Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall adopt the rules necessary to
implement Section 1701.4511, Occupations Code, as added by this
Act.
(b) The changes in law made by this Act apply only to the
hiring of a person by a law enforcement agency that occurs on or
after January 1, 2022. 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, 2021.