Tex.
Occ. Code Section 1701.451
Preemployment Procedure
(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 (Personnel File), 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 (Training Programs; Instructors)(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 (Requirement of Financial Responsibility), Transportation Code;(ix)
a driving record from the Department of Public Safety;(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(xii)
information on the person’s law enforcement background as available through a database designated by the commission under Section 1701.169 (Law Enforcement Database) and, if applicable, a file or record obtained by the commission under Section 1701.3035 (Out-of-state License Holders).(a-1)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 834 (S.B. 24), Sec. 6, eff. September 1, 2021.(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 from a law enforcement agency a request for information under this section and the person’s consent on the forms and in the manner prescribed by the commission, the commission or agency shall provide the information to the requesting agency.(d)
The confirmation form submitted to the commission under this section is not confidential and is subject to disclosure under Chapter 552 (Public Information), Government Code.(e)
The commission shall:(1)
by rule establish the forms and procedures required by this section, including:(A)
the process by which a law enforcement agency shall make a person’s employment records electronically available to a law enforcement agency hiring a person licensed under this chapter;(B)
appropriate privacy and security protections for the process described by Paragraph (A); and(C)
a rule prohibiting a confirmation form submitted to the commission under this section from containing confidential information described by Section 552.1175 (Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions)(b), Government Code, regarding the person who is the subject of the confirmation form;(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 or the agency head’s designee shall review and sign each confirmation form required under this section before submission to the commission. The failure of an agency head or the agency head’s designee to comply with this subsection constitutes grounds for suspension of the agency head’s license under Section 1701.501 (Disciplinary Action).
Source:
Section 1701.451 — Preemployment Procedure, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1701.htm#1701.451 (accessed Jun. 5, 2024).
