SB2383

Regular Session

Relating to the employment of certain peace officers of the Department of Public Safety.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Department of Public Safety (DPS)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Immediate Strategic Review. While there are no filings required, businesses must assess workforce exposure prior to the effective date to mitigate attrition risks.
Agency Rulemaking: DPS is not required to engage in public rulemaking for this internal policy change. However, DPS will likely issue internal directives regarding pay scale and rank reinstatement prior to September 1, 2025.

Immediate Action Plan

Audit Personnel: Immediately identify all employees who are retired DPS commissioned officers.
Analyze Compensation: Compare your current compensation packages against standard DPS pay scales to gauge vulnerability.
Engage Talent: Conduct retention interviews with key retired-DPS staff to assess their interest in returning to state service.
Verify Licensure: Ensure that if a retired trooper leaves, your firm’s Private Security Board (PSB) license manager or qualified manager designation is not jeopardized.

Operational Changes Required

Contracts

Review Employment Agreements: Audit contracts for employees who are retired DPS troopers.

Non-Competes: Be advised that non-compete clauses are generally unenforceable against an individual accepting employment with a government entity for public safety purposes. Do not rely on these clauses to retain talent.
Notice Periods: Ensure contractual notice periods are clearly defined and enforceable to guarantee an orderly transition of duties should an employee return to state service.

Hiring/Training

Succession Planning: Identify key roles currently held by retired DPS personnel (e.g., Executive Protection, Lead Investigators). If these employees return to DPS under the new streamlined rules, you must have a pipeline of replacement candidates ready.

Risk Assessment: If you replace seasoned former troopers with less experienced personnel, review your liability insurance and internal training protocols to ensure coverage requirements are maintained.

Reporting & Record-Keeping

None. This statute governs internal DPS personnel files and imposes no reporting requirements on private employers.

Fees & Costs

No Direct Costs. There are no new state fees. However, anticipate potential indirect costs associated with recruiting and training replacements for staff lost to this state recruitment initiative.

Strategic Ambiguities & Considerations

The statute defines a "retired commissioned officer" strictly as a retiree of the Employees Retirement System (ERS) of Texas, but it leaves the specific terms of re-employment to DPS discretion.

Rank and Pay: The law does not mandate that rehired officers return at their previous rank or pay grade.
Pension Interaction: The law does not alter ERS rules regarding "return-to-work" retirees. The financial attractiveness of returning to DPS depends heavily on whether the officer can draw their pension and a salary simultaneously. Watch for DPS recruitment bulletins to see how aggressively they structure these compensation packages.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsLaw Enforcement Retirement Systems Retirement Systems--state Employees State Agencies, Boards & Commissions Peace Officers Public Safety, Department of Retirement Systems--police & Firefighters

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 2383
89R10590 JCG-F	By: Bettencourt
	Criminal Justice
	4/11/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Over the next two years, the Department of Public Safety of the State of Texas (DPS) will have approximately 750 commissioned officers who will be eligible to retire. Given the time-intensive nature of recruiting, testing, training, and onboarding new officers, it is expected that a significant gap in staffing may occur before these positions can be fully backfilled. When considering this circumstance, coupled with the anticipated addition of additional commissioned FTEs, DPS has identified a strategic retention tool that could help mitigate the vacancies until positions are filled with newly hired officers.

S.B. 2383 would allow DPS officers who have recently retired in good standing to be allowed to apply for rehire with the department. Retaining these experienced officers will be a valuable resource, not only in lowering the number of vacancies, but also in leveraging their experience and job knowledge to maintain exceptional efficiency and performance.

As proposed, S.B. 2383 amends current law relating to the employment of certain peace officers of the Department of Public Safety.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.007, Government Code, by adding Subsections (h) and (i), as follows:

(h) Provides that Subsections (e) (relating to discharging an officer or employee of the Department of Public Safety of the State of Texas (DPS)), (e-1) (relating to DPS discharging, suspending, or demoting a commissioned officer), and (f) (relating to entitling a discharged commissioned officer to a public hearing before the Public Safety Commission) do not apply to a retired commissioned officer who is employed by DPS as a commissioned officer.

(i) Defines "retired commissioned officer."

SECTION 2. Makes application of Section 411.007 (Officers and Employees), Government Code, as amended by this Act, prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author

House Sponsor

Rep. Cole HefnerRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2383

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the employment of certain peace officers of the
	Department of Public Safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 411.007, Government Code, is amended by
	adding Subsections (h) and (i) to read as follows:
	(h) Subsections (e), (e-1), and (f) do not apply to a
	retired commissioned officer who is employed by the department as a
	commissioned officer.
	(i) For purposes of Subsection (h), a "retired commissioned
	officer" means a retiree of the Employees Retirement System of
	Texas whose last employment position held before retirement under
	that system was as a commissioned officer of the department.
	SECTION 2. Section 411.007, Government Code, as amended by
	this Act, applies only to a person hired on or after the effective
	date of this Act.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2383 by Bettencourt (Relating to the employment of certain peace officers of the Department of Public Safety.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend rules relating to the employment of certain peace officers of the Department of Public Safety. According to the agency, any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JMc, MGol, CSh, KVEL

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Frequently Asked Questions

Common questions about SB2383

What does Texas SB2383 do?

SB2383 amends the Government Code to allow the Texas Department of Public Safety (DPS) to rehire retired commissioned officers without requiring entrance examinations or probationary periods. This legislation imposes no direct regulatory burden on private enterprise but creates immediate labor market competition by streamlining the State’s ability to recruit experienced retired troopers currently employed in private security and consulting. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate Strategic Review.

Who authored SB2383?

SB2383 was authored by Texas Senator Paul Bettencourt during the Regular Session.

When was SB2383 signed into law?

SB2383 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2383?

SB2383 is enforced by Department of Public Safety (DPS).

How urgent is compliance with SB2383?

The compliance urgency for SB2383 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2383?

The cost impact of SB2383 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2383 address?

SB2383 addresses topics including law enforcement, retirement systems, retirement systems--state employees, state agencies, boards & commissions and peace officers.

Legislative data provided by LegiScanLast updated: November 25, 2025

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