Part VII.
Texas Commission on Law Enforcement Officer Standards and Education
Chapter 211.
Administration
37 TAC §211.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes to amend Title 37, Texas Administrative
Code §211.17 concerning the appeals process for license holders. The
amendment is proposed to be in accordance with the requirements of the Administrative
Procedure Act, Texas Government Code, Chapter 2001.
Dr. D.C. Jim Dozier, Executive Director of the Commission has determined
that for the first five year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of enforcing or administering this section.
Dr. Dozier has also determined that for each year of the first five years
the new section is in effect, the public benefit anticipated as a result of
enforcing this section will be clearer understanding of the terms associated
with the appeals process. There will be no effect on small businesses. There
is no anticipated increase in economic costs to individuals required to comply
with the amendment to this section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
to (512) 936-7714.
The amendment is proposed under Texas Government Code Annotated,
Chapter 415, §415.010 (1), which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415,§415.010, General Powers.
§211.17. Appeal.
(a)
A person dissatisfied with a final decision of the commission
may appeal the decision
in accordance with the requirements of the Administrative
Procedure Act, Texas Government Code, Chapter 2001.
[
(b)
All or part of the proceedings of a contested case will
be transcribed upon the written request of a party with cost to that party,
unless the executive director provides otherwise.
(c)
Any party who appeals a final decision must pay all preparation
costs for the original or certified copy of the record of any proceeding to
be submitted to the court.
(d)
The effective date of this section is
30 days from
date of final publication
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902463
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 936-7700
37 TAC §211.29
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes new to Title 37, Texas Administrative
Code §211.29, concerning the execution of orders showing action taken
at Commission meetings. The new section is being proposed to be in accordance
with the State Office of Administrative Hearings requirements concerning orders
showing action taken at Commission meetings. The new section explains the
authority that the chairman or presiding officer have when signing written
orders showing actions taken by the Commissioner's.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of administering this section.
Dr. Dozier has also determined that for each of the first five years the
new section is in effect, the public benefit anticipated as a result of enforcing
or administering the section will be to notify the public of the responsibilities
of the chairman or presiding officer at public meetings. There will be no
effect on small businesses. There is no anticipated increase in economic costs
to individuals who are required to comply with the new section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
The new section is proposed under Texas Government Code Annotated,
Chapter 415,§415.010 which authorizes the Commission to promulgate rules
for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415,§415.010-General Powers.
§211.29. Execution of Orders Showing Action Taken at Commission Meeting.
(a)
The chairman or presiding officer shall have the authority
to sign written orders showing actions taken by the Commissioner's at public
meetings if he or she did not vote against the action. In the event that the
chairman or presiding officer votes against the action taken, then a commissioner
who has voted with the majority shall sign the order on behalf of the Commission.
(b)
The effective date of this section is 30 days from date
of final publication.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902467
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 936-7700
37 TAC §221.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes to amend Title 37, Texas Administrative
Code §221.17, concerning peace officer proficiency certificates for license
holders. The amendment is proposed to implement a new option for license holders
who seek to obtain the current intermediate peace officer certification. The
license holder will now have the option of completing four out of five courses;
Spanish for Law Enforcement has been added to the course requirement list.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of administering this section.
Dr. Dozier also has determined that for each of the first five years the
new section is in effect, the public benefit anticipated as a result of enforcing
the rule will be more knowledgeable peace officers. There will be no effect
on small businesses. There is no anticipated increase in economic costs to
individuals who are required to comply with the new section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
The amendments are proposed under Texas Government Code Annotated,
Chapter 415, §415.010 which authorizes the Commission to promulgate rules
for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415, §415.010-General Powers.
§221.17.Peace Officer Proficiency.
(a)
To qualify for a basic, intermediate, advanced or master
peace officer certificate, the applicant must hold a peace officer license.
(b)
The requirements for a basic peace officer certificate
include:
(1)
one year of experience as a peace officer; and
(2)
successful completion of a course of instruction provided
by the employing agency on federal and state statutes that relate to employment
issues affecting peace officers and county jailers, including:
(A)
civil service;
(B)
compensation, including overtime compensation, and vacation
time;
(C)
personnel files and other employee records;
(D)
management-employee relations in law enforcement organizations;
(E)
work-related injuries;
(F)
complaints and investigations of employee misconduct; and
(G)
disciplinary actions and the appeal of disciplinary actions.
(c)
The requirements for an intermediate peace officer certificate
include:
(1)
a basic peace officer certificate;
(2)
one of the following combinations of points and peace
officer experience:
(A)
20 points and eight years experience;
(B)
40 points and six years experience;
(C)
60 points or an associate's degree and four years experience;
or
(D)
120 points or a bachelor's degree and two years experience;
and
(3)
if the basic peace officer certificate was issued
or qualified for on or after January 1, 1987, the license holder must also
complete
four of the five
[
(A)
Child Abuse Prevention and Investigation;
(B)
Crime Scene Investigation;
(C)
Use of Force; [
(D)
Arrest, Search and Seizure;
and
(E)
Spanish for Law Enforcement.
(d)
The requirements for an advanced peace officer certificate
include:
(1)
an intermediate peace officer certificate; and
(2)
one of the following combinations of points and experience:
(A)
40 points and 12 years experience;
(B)
60 points or an associate's degree and nine years experience;
(C)
120 points or a bachelor's degree and six years experience;
or
(D)
a post-graduate degree and four years experience.
(e)
The requirements for a master peace officer certificate
include:
(1)
an advanced peace officer certificate; and
(2)
one of the following combinations of points and experience:
(A)
an associate's degree and 20 years experience, or 60 points
and 20 years experience;
(B)
a bachelor's degree and 15 years experience, or 120 points
and 15 years experience;
(C)
a master's degree and 12 years experience, or 165 points
and 12 years experience; or
(D)
a doctorate and 10 years experience, or 200 points and
10 years experience.
(f)
The effective date of this section is
30 days from
date of final publication
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902464
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 936-7700
37 TAC §221.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission)proposes an amendment to Title 37, Texas Administrative
Code §221.19, concerning jailer proficiency certificates for license
holders. The amendment is proposed to implement a new option for license holders
who seek to obtain the current intermediate jailer certification. The license
holder will now have the option of completing four out of five courses; Spanish
for Law Enforcement has been added to the course requirement list.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of administering this section.
Dr. Dozier also has determined that for each of the first five years the
new section is in effect, the public benefit anticipated as a result of enforcing
the rule will be more knowledgeable jailers. There will be no effect on small
businesses. There is no anticipated increase in economic costs to individuals
who are required to comply with the new section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
The amendments are proposed under Texas Government Code Annotated,
Chapter 415, §415.010 which authorizes the Commission to promulgate rules
for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415, §415.010-General Powers.
§221.19.Jailer Proficiency.
(a)
To qualify for a basic, intermediate or advanced jailer
certificate, the applicant must hold a jailer license.
(b)
The requirements for a basic jailer certificate include:
(1)
one year of experience as a jailer; and
(2)
successful completion of a course of instruction provided
by the employing agency on federal and state statutes that relate to employment
issues affecting peace officers and county jailers, including:
(A)
civil service;
(B)
compensation, including overtime compensation, and vacation
time;
(C)
personnel files and other employment records;
(D)
management-employee relations in law enforcement organizations;
(E)
work-related injuries;
(F)
complaints and investigations of employee misconduct; and
(G)
disciplinary actions and the appeal of disciplinary action.
(c)
The requirements for an intermediate jailer certificate
include:
(1)
training related to the management and operation of a correctional
facility (including county jails); and
(2)
one of the following combinations of points and jailer
experience:
(A)
20 points and six years experience;
(B)
40 points and four years experience;
(C)
60 points or an associate's degree and two years experience;
or
(D)
120 points or a bachelor's degree and one year experience;
and
(3)
if the basic jailer certificate was issued or
qualified for on or after March 1, 1993, the applicant must also complete
four of the five
[
(A)
Suicide Detection and Prevention in Jails;
(B)
Inmate Rights and Privileges;
(C)
Interpersonal Communications in the Correctional Setting;
[
(D)
Use of Force in a Jail Setting
and
(E)
Spanish for Law Enforcement.
(d)
The requirements for an advanced jailer certificate include:
(1)
an intermediate jailer certificate; and
(2)
one of the following combinations of points and jailer
experience:
(A)
40 points and eight years experience;
(B)
60 points or an associate's degree and six years experience;
(C)
120 points or a bachelor's degree and four years experience;
or
(D)
a post-graduate degree and two years experience.
(e)
the effective date of this section is
30 days from
date of final publication
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902465
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 936-7700
37 TAC §221.25
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §221.25, concerning emergency telecommunications operator proficiency
certificates. The amendment is proposed to add the word operator to the title
of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the new section is in effect, there
will be no fiscal implications for the state and local government as a result
of administering this section.
Dr. Dozier also has determined that for each of the first five years the
new section is in effect, the public benefit anticipated as a result of enforcing
the rule will be more knowledgeable jailers. There will be no effect on small
businesses. There is no anticipated increase in economic costs to individuals
who are required to comply with the new section.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
The amendments are proposed under Texas Government Code Annotated,
Chapter 415, §415.010 which authorizes the Commission to promulgate rules
for the administration of Chapter 415.
The following statute is affected by this proposed amendment: Texas Government
Code Annotated, Chapter 415, §415.010-General Powers.
§221.25.Emergency Telecommunications Operator Proficiency.
(a)
To qualify for an emergency telecommunications operator's
certificate, an applicant must:
(1)
submit documentation that the applicant is currently employed
as an emergency telecommunications operator, and has been employed as an emergency
telecommunications operator for a minimum of four years; and
(2)
complete the currently required emergency telecommunications
operators training courses.
(b)
The effective date of this section is
30 days after
date of final publication
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902466
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 936-7700
by filing
a petition with a Travis County district court not later than the 30th day
after the date of the final decision.
]
February 1, 1989
].
Chapter 221.
Proficiency Certificates and Other Pest-Basic Licenses
the
] current intermediate
peace officer certification courses, which include:
and
]
June 1, 1998
].
the
] current intermediate jailer certification
courses, which include:
and
]
September 1,1998
].
November 1, 1997
].