Part 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION

Chapter 211. ADMINISTRATION

37 TAC §§211.1, 211.3,211.7, 211.9, 211.10, 211.15 - 211.27, 211.29,-211.31, 211.33, 211.71, 211.89, 211.101, 211.102, 211.104, 211.108

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§211.1, 211.3, 211.7, 211.9, 211.10, 211.15, 211.16, 211.17, 211.18, 211.19, 211.20, 211.21, 211.22, 211.23, 211.24, 211.25, 211.26, 211.27, 211.29, 211.30, 211.31, 211.33, 211.71, 211.89, 211.101, 211.102, 211.104, 211.108 concerning the Commission's administrative procedures, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10455).

In Chapter , the Definitions section has been expanded and several changes have been adopted for organization purposes.

The adopted changes include, the renumbering of the sections to make the new rules sequential and substantive changes are being adopted to better meet the Commission's mission.

Written comments were received from the Houston chief of police who supports this repeal.

This repeal is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008998

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.1, concerning definitions, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10456).

The new section expands the definitions section by consolidating the existing §211.1 and §229.1. The existing §221.1 and §229.1 are being adopted for repeal. Terms from other sections of the commission's rules are being incorporated into Chapter , §211.1.

The adopted new §211.1 adds definitions for academic provider, active, background investigation, basic peace officer course, licensing course, distance education, duty ammunition, endorsement of eligibility, firearm, law enforcement academy, license, lesson plan, POST, reactivate, reinstate, renew, self-assessment, successful completion, training coordinator, training hours, and verification. Also, the definition for jailer has been modified to include private contract jailer.

Written comments from the Houston chief of police made supporting comments for (8) Background investigation, (25) Firearms and (33) Lesson plan, stating these changes would enhance the level of professionalism and eliminate ambiguities. The President of the Texas Reserve Law Officers Association requested that reserve officers be included in (38) Peace officer definition, commenting that the continuing education requirements in §217.11 are the same for peace officer and reserve. No changes were made to this rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008926

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.3, concerning public information, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10458).

The new section realigns public information numerically under administrative procedures from the existing §211.19, which is being adopted for repeal. It also changes the Texas Open Records Act to Public Information Act.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008927

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.5, concerning licensee lists, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10458).

The new section simplifies the administrative tasks for maintenance of active and inactive peace officer lists.

The adopted new language adds a requirement that clarifies the commission must maintain a list of active and inactive peace officers and the list will be available upon request. The adopted new §211.5 replaces the term license holder, changing it to licensee. Adoption to repeal the existing §211.18 is being made.

No comments were received regarding adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008928

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.7, concerning meeting dates and procedures, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10459).

The new section clarifies the meeting dates of quarterly commission meetings.

The new language replaced the terms chairman and vice-chairman to the terms presiding officer and assistant presiding officer. In addition, the new section allows public comment on standards and training for telecommunicators, as well as for officers and jailers from the existing §211.25. A repeal is being adopted for §211.25.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008929

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.9, concerning execution of orders showing action taken at commission meetings, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10459).

The adopted new section realigns corresponding information numerically under the administration chapter.

The new section changed the term chairman to presiding officer. Existing §211.29 will be adopted for repeal.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on Deceber 22, 2000.

TRD-200008930

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.11, concerning contemplated rule making, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10460).

In §211.11 the adopted new language realigns information numerically under Chapter .

A proposal for repeal is being submitted for the existing §211.20.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008931

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.13

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.13, concerning notice of commission rulemaking, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10460).

The new section streamlines rulemaking prerequisites and clarifies the language of existing §211.16, which will be repealed.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008932

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.15, concerning the commission's specific authority to waive rules, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10461).

The new section realigns the information with corresponding sections under the chapter on administration from the existing §211.30, which will be repealed.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008933

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.17, concerning fees and payment, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10461).

The new section deletes the specific fee references from the existing §211.21, which will be repealed.

The new section adds language and implements a fee schedule to be approved annually.

Written comments from the Houston chief of police supports this rule, but expressed concern about future costs for basic, intermediate and advanced certificates.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008934

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.19, concerning commission forms and applications, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10462).

The purpose of the new section is to clarify that individuals signing commission forms and applications are responsible for reading and verifying their accuracy. The new section also clarifies that the agency is responsible for having the appropriate documentation on file and available to the commission. An agency is required to notify the commission of failure to appoint a person from whom they have made a license application.

Comments from the Houston chief of police supports the electronic transfer of information and reduction of paperwork.

The new section is being adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008935

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.21

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.21, concerning the issuance of duplicate or delayed documents, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10462).

The adopted new language in §211.21 (former §211.22) will clarify the procedures used by the commission when issuing duplicate or delayed documents.

As part of the commission's reform initiative, the former provisions of §211.22 (now §211.21) have being rewritten for clarity, readability and improved organization. The adopted new language in §211.21(a) former §211.22(a) deletes the word "acknowledgment" and the reference to the $20.00 application fee. The adopted new language eliminates obsolete or unnecessary references in this section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008936

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.23

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.23, concerning the date of licensing or certification, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10463).

The adopted new language in §211.23 will clarify the procedures used by the commission when accepting licensing applications.

As part of the commissions rules review, the adopted language deleted the word "acknowledgement" and eliminated unnecessary language in §211.23(b). The removal of the reference to the word "acknowledgement" was changed by the Commission in December of 1999 when §211.105 Emergency Telecommunicator Acknowledgement was repealed.

No comments were received regarding the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008937

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.25

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.25, concerning peace officers' dates of appointment, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10464).

The adopted new language in §211.25 (former §211.24) is the section number and change to the effective date.

The renumbering of this section makes the sections sequential and easier to follow. As part of the commission's reform initiative, the former provision of §211.24, now §211.25, is being renumbered for improved organization, rewritten for clarity, and unnecessary language has been eliminated.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008938

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.27

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.27, concerning reporting responsibilities of individuals that hold a commission license or certificate, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10464).

The adopted new language in §211.27 (former §217.88) is the chapter number changing the section from Chapter 217 to Chapter for improved organization of the section.

The section has been renumbered and a change has been made to §211.27(a)(1)(2), which are being deleted. In the adopted language in §211.27 an addition has been made in (b) adding the requirement of licensed individuals to whom the section applies to reporting the final disposition of criminal actions within 30 days of a final disposition, and in (c) of reporting any name change to the Commission within 30 days.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008939

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.29

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.29, concerning the reporting responsibilities of agency chief administrators, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10465).

The adopted new language in §211.29 (former §221.1) is the chapter number, changing the section from Chapter 221 to Chapter for improved organization of the section.

The section has been renumbered and amendments have been made to §211.29(a), (d), (e), (f), (g) and (h). In §211.29(a) the language, "electronically or" has been added for clarification purposes. In subsection (d), language has also been added. Chief administrators are required to report individuals who are under appointment, if that individual has been arrested, charged, indicted or convicted for any offense above a Class C misdemeanor or for any Class C misdemeanor involving the duties and responsibilities of office or family violence. Along with the adopted new language in subsection (d) obsolete language has been eliminated. In subsections (e) and (f) language has been deleted for clarification purposes. In addition, in subsection (f) new language has been adopted to include a chief administrator's responsibility of reporting the reason for resignation or termination of a license holder within 30 days, electronically or in writing. In subsection (g) the adopted language makes an additional requirement of chief administrators. In subsection (g) chief administrators are required to notify the Commission of officers killed in the line of duty. The purpose of this requirement is to aid the Commission in beginning the enrollment process for an officers' inclusion on the Texas Peace Officers' Memorial.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008940

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.31

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.31, concerning the memorandum of understanding on continuity of care, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10465).

This new rule establishes the commission's responsibilities to institute a continuity of care program for offenders who are mentally impaired, elderly, physically disabled, terminally ill or significantly ill, as adopted by the Texas Council on Offenders with Mental Impairments and the Texas Commission on Jail Standards.

The adopted new language in §211.31(a) and (b) is for clarification purposes and the elimination of unnecessary references.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008941

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §211.33

The Texas Commission on Law Enforcement Officers Standards and Education (Commission) adopts new §211.33, concerning the law enforcement achievement awards, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10466).

The adopted new language in this section is in §211.33(a)(4).

Language was added to this section for clarification purposes. In §211.33(a)(5), the amendment to the section reflects the change in reference from the Government Code to the Occupations Code. The section number has been changed from §211.108 to §211.33; the renumbering of this section improves the organization of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008942

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.1, concerning licensing of training providers, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10467).

The purpose of the new section is to identify the three types of providers and to clarify the length of time for which their license or contract is valid unless their license or contract is renewed.

Written comments from the Houston chief of police supports the renewal of licensed academies. He states that this would motivate academies to improve their performance.

The new section is being adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008943

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.3, concerning academy licensing, without changes to the adopted text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10467).

The adopted new language in §215.3 (former §215.10) includes a change to the section number, the addition of the term "telecommunications" and "other law enforcement related training." In §215.3 subsection (a), the addition of the term "proposed" in §215.3 subsection (b)(3). Language was added to this section for clarification purposes in §215.3 subsection (b)(5) reflecting the change in reference from the Government Code to "the Occupations Code, Chapter 1701.252." Amendments were made to the section in subsection (b)(10), which now includes "any satellite training sites." In §215.3 subsection (b)(11), language was added for clarification. In subsection (c) the language "or by a team of academy coordinators appointed by the executive director" and the language, "an" to the last sentence in subsection (c) was added. In §215.3 subsection (c)(6) the language, "a proprietary interest in, or a contractual or written agreement providing for" was also added. The amendment reflects the removal of the specific description of the driving range, deleting the language found in subsection (c)(6) of this section. In §215.3 subsection (c)(7), language was added that requires an academy to have sufficient access to modern technological training equipment. In subsection (e)(2) of this section, the language "commission rules and" was added, as well as in subsection (e)(4) of this section, the language "or any other federal or State" was also added. In §215.3 subsection (e)(5), the language "electronic mail address" and the word "commission" was added to subsection (g). In subsection (g)(2), the language "has been classified as at risk under §215.13" has also been added. In subsections (h) and (i) another reference is made of the language, "been classified as at risk for" and the language, "without substantial improvement." Obsolete language in this section has been eliminated in §215.3 subsection (h)(1) and (3). In subsection (h)(3) of this section, the language, "not met the needs of the communities it is required to serve" has also been added for clarification. A change was also made to the effective date of this section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008944

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.5, concerning contractual training, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10469).

The adopted new language in §215.5 (former §215.66) includes the change in the reference to the term "agreement" substituting the term "contract" for the term "agreement." This section was rewritten for clarity, readability and improved organization. In §215.5 subsection (c), the language, "for a stated period of time, or two years, whichever is less," was added for clarification purposes. The term "perpetual" was replaced with the term "two years." In subsection (e)(8) of this section, the language "contract, including rule §215.9" was added. In subsection (f)(2), the term "contractual training provider" and the reference to "§215.9" was also added. In subsection (h) the language, "the executive director" replaced the language "commission staff." A change was also made to the effective date of §215.5. The adopted new language eliminates obsolete references and the renumbering of this section make the sections sequential and easier to follow.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008945

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.7, (former §215.67) concerning training provider advisory boards, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10471).

The adopted new language includes the change in reference to the term agreement substituting the term contract or contractual throughout the section. A change in reference from the Government Code to the Occupations Code was made.

The section number has been changed and in §215.7 subsection (j) the adopted language requires the advisory board to submit admission standards to the Commission to ensure that the student has the necessary academic skills, physical fitness, and background to become licensed and employed. The effective date of this section has also changed. The language was amended for clarity and the section was renumbered for improved organization.

Written comments from the Houston chief of police supports the minimum standards for admission to ensure that only those suited for law enforcement are allowed entry into licensing classes.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008946

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.9, concerning the training coordinator of an academy, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10472).

The adopted new language requires training coordinators to submit training rosters before endorsements are issued.

The adopted new language in §215.9 (former §215.20) includes a change to the section number and the addition of the language in subsection (a) of "or certificate," "a full time" and the term "employee." Language was deleted in §215.9 subsection (a) for clarity. Language was added to this section in subsection (b)(1)(A)(B)(C) and (D) for clarification purposes. Unnecessary language was eliminated. In this section, subsection (I) was added, making training coordinators responsible for maintaining records of tests and other evaluation instruments. The effective date to this section also changed. Obsolete language in this section has been eliminated.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to adopt rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008947

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§215.10, 215.20, 215.30, 215.40, 215.66, 215.67

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§215.10, 215.20, 215.30, 215.40, 215.66, and 215.67 concerning training and educational providers and related matters, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10473).

The provisions in Chapter 215 are being rewritten for clarity, readability and improved organization.

No comments were received regarding the repeal of these rules.

This repeal is adopted under Texas Occupations Code Annotated, Chapter 1701 §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008999

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.11, concerning training provider evaluations, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10473).

The purpose of this section is to identify methods and records to be used by the commission for evaluating all training providers.

This section will replace former §215.30 concerning academy evaluations. The adopted new section is being added for clarification purposes and improved organization.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008948

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.13

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.13, concerning training providers and when they may be considered to be at risk, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10474).

The adopted new section clarifies the procedures used by the commission when assessing training providers.

Written comments from he Houston chief of police supports setting measurable standards to increase the accountability and quality of training. The Coordinator of the South Plains College Academy supports the 12-month period for improvements.

The new section is being adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000

TRD-200008949

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.15, concerning the standards used for persons enrolling in any law enforcement training program and training credit, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10475).

The adopted new language in §215.15 (former §215.40) includes a change in section number.

The renumbering of the section improves the organization of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008950

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §215.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §215.17, concerning distance education, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10476).

The adopted new language in this section provides a definition for distance education and guidance on obtaining commission approval for distance education courses.

The adopted new section §215.17 (former §.71) includes a change in chapter number. The renumbering of the section makes for better organization of the section.

Written comments from the Houston chief of police disagrees with the requirement for Commission approval of distance education courses. He also states that the exchange of course materials between student and instructor may not be necessary for some courses. The Houston chief of police requests that the exchange be only a recommendation. No change was made to this rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008951

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§217.1, 217.5, 217.9 - 217.11, 217.15, 217.79, 217.88, 217.96

The Texas Commission on Law Enforcement Officers Standards and Education ("commission") adopts the repeal of §§217.1, 217.5, 217.9, 217.10,217.11, 217.15, 217.79, 217.88, 217.96, concerning in-service training, continuing education, appointment standards and instructor license, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10477).

The new chapter 217 organizes all licensing and continuing education requirements for licensure.

No comments were received regarding the repeal of these rules.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009000

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.1, concerning minimum standards for initial licensure, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10477).

The new section incorporated administrative and training requirements for initial licensure for all types of licenses from existing §§.102, 217.1, 217.5, 217.10, 219.77, 219.78 and 225.3. All of the sections will be adopted for repeal. In addition, §217.1 Minimum Standards for Initial Licensure combined rules, paperwork, and training requirements for initial licensure for all types of licenses. It also requires that a person not have ever been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years, nor any family violence offense.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008952

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.3, concerning applications for license and initial report of appointment, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10479).

The new section organizes applications for licensing requirements from existing §221.3. The new section also adds language that requires an agency that is appointing a person as a temporary emergency telecommunicator to file an application with the commission. The application must be approved with an appointment date before the person is appointed. The application must be completed, signed, and filed with the commission by the chief administrator or designee.

No comments were received regarding the adoption of the rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008953

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.5, concerning denial of reports and applications, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10480).

The new section revises the language of §.89, which will be repealed, and it also realigns the rule within the chapter numerically.

No comments were received regarding the new rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008954

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.7, concerning reporting the appointment and termination of a licensee, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10480).

The new section consolidates §221.5 and §221.7 which will be repealed.

The new section adds language, which allows agencies to electronically report the appointment or termination of a licensee. The new section also requires that agencies ensure that a person who already holds a license meets the minimum standards for licensure, or that a person meets the current enrollment standards.

Written comments from the Houston chief of police requests an allowance for in person contact with a previous agency. No changes were made to this rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008955

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.9, concerning continuing education credit for licensees, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10481).

The new §217.9 defines the types of training considered for continuing education credit and clarifies the text by adding new language from existing §217.79, which will be repealed.

Written comments from the Houston chief of police agrees that mastery should be confirmed by testing.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008956

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.11, concerning legislatively required continuing education for licensees, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10482).

The new section delineates training attached to the type of license. In addition, it identifies training for newly appointed supervisors and clarifies the requirements from existing §217.9 and §225.5, which are being adopted as repeals.

Written comments from the Houston chief of police supports this rule without comment.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008957

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.13

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.13, concerning the reporting of legislatively required continuing education, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10483).

The new section clarifies the reporting requirements of licensees by adding language to existing §221.9, which will be repealed.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008958

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.15, concerning the waiver of legislatively required continuing education, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10483).

The new section states that a waiver of the legislatively required continuing education, under this section, may only be filed by the chief administrator of the appointing or employing agency; the licensee's physician, or the licensee's attorney.

The new section clarifies language from existing §217.11 which will be repealed.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008959

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.17, concerning active license renewal, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10484).

The new section revises existing §.27, which will be repealed, and new language was added for clarity.

The new rule enhances the responsibility of the executive director in that each active licensee who is in non-compliance with the current legislatively required education, shall be notified in writing, at least 90 days prior to expiration.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008960

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.19, concerning the reactivation of a license, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10484).

The new section which includes all licenses, stipulates that individuals with basic licensure training or licensure examination scores over two years old must meet current licensing standards and successfully complete the current legislatively required continuing education.

Written comments from the Houston chief of police disagrees with this rule. He states that inactive licensees should be allowed to continue to keep their licenses active by completing the mandated continuing education courses. No change was made to this rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008961

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.21

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.21, concerning annual firearms proficiency requirements, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10485).

The new section clarifies the language of existing §.104, which will be repealed.

The new section changes the requirements for designating a firearms proficiency officer, as well as, ensuring that each assigned officer successfully completes the current course of fire.

Written comments from the Houston chief of police supports this rule and states that it is critical for firearms proficiency to be properly documented and archived.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008962

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §217.23

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §217.23, concerning training standards for a conditional reserve license, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10486).

The new section adds language for clarity and realigns the conditional reserve training standards from existing §219.70, which will be repealed.

The new section establishes a timetable, which will eventually phase out the conditional reserve license.

Written comments from the President of the Texas Reserve Law Officers Association disagrees with discontinuing the reserve sequence. No change was made to this rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, 1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008963

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §219.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §219.1, concerning eligibility to take state licensing examinations, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10487).

The adopted new language in §219.1 (former §219.40) provides clarification on how an endorsement is issued.

The new rule stipulates that all second, third and duplicate endorsements may only be issued by the executive director. This practice is currently being used by the commission. The adopted language explains that an endorsement of eligibility will be invalidated by any court ordered community supervision, probation or conviction for any offense above a Class C misdemeanor.

Written comments received were from the Houston chief of police who opposes Commission issuance of second and third endorsements to test as an undo hardship for scheduling retest due to the time required to process and mail endorsements. No changes made to this rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to adopt rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008964

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §219.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §219.3, concerning the administration of state licensing examinations, concerning eligibility to take state licensing examinations, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10487).

The adopted new language in subsection (b)(11) of §219.3 (former §219.50) includes the commission's requirements of test administrators to collect and forward all answer sheets and endorsements to the Commission. The adopted language restricts what items an examinee may bring into the examination room and includes the commission's requirements of an examinee. The renumbering of the section makes for better organization of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008965

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §219.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §219.5, concerning the commission's requirements of examinees, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10488).

The purpose of the new section is to clarify the commission's eligibility requirements for those individuals sitting for an examination.

No comments were received regarding the adoption of the new rule.

The new section is being adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008966

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §219.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §219.7, concerning the scoring of the examinations administered by the Commission, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10489).

The adopted new language in §219.7 (former §219.60) includes the renumbering of the section for organizational purposes.

A substantive change was made in §219.7 subsection (a). The additional language allows commission personnel to fax examination results to a training coordinator, upon request. If there is a delay, the new language requires the commission to notify the examinee or the training coordinator, if known, electronically or in writing. In subsection (d) language was added which allows the commission to deny, revoke, or suspend any license or certificate held by a person who violates

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008967

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§219.40, 219.50, 219.60, 219.70, 219.77, 219.78

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§219.40, 219.50, 219.60, 219.70, 219.77 and 219.78 concerning the commission's pre-licensing and reactivation courses, tests and endorsements of eligibility, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10489).

This chapter organizes all examination requirements for training providers and examinees. The adopted changes include the renumbering of the sections to make the rules sequential and substantive changes are being adopted to better meet the Commissions mission.

No comments were received regarding the repeal of these rules.

This repeal is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009001

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§221.1, 221.3, 221.5, 221.7, 221.9, 221.15, 221.17, 221.19, 221.21, 221.23, 221.27 - 221.29, 221.31, 221.33, 221.35, 221.37, 221.38

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§221.1, 221.3, 221.5, 221.7, 221.9, 221.15, 221.17, 221.19, 221.21, 221.23, 221.27, 221.28, 221.29, 221.31, 221.33, 221.35, 221.37, and 221.38 concerning proficiency certificates, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10490).

The section has been renumbered for organizational purposes. Substantive changes are being adopted to better meet the Commissions needs.

No comments were received with the repeals of these rules.

This repeal is adopted under the Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009002

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.1, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10491).

The adopted new language in §221.1 (former §221.15) includes the renumbering of the section for improved organization, and the deletion of obsolete references and unnecessary language.

Substantive changes were made to the section. The additional language requires those seeking proficiency certificates to meet all proficiency requirements. Applicants must currently be commissioned or appointed as a peace officer, reserve, jailer or a telecommunicator for the corresponding certificate that they are applying for; applicants may not have ever had a license or certificate issued by the commission suspended or revoked. Additional language stipulates that applicants must have also met the continuing education requirements for the previous training cycle and that applicants seeking firearms related certificates must not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm. The adopted new language clarifies that the commission may refuse a proficiency certificate to anyone that has not been reported to the commission as meeting all the minimum standards, including any training or testing requirements. It also clarifies that the commission may refuse a proficiency certificate if an applicant has not affixed any required signature, or if the required forms or required documentation is incomplete, illegible or not attached. The adopted new section also clarifies that if the application is not submitted by the appointing agency or entity, or, if an application contains a false assertion by any person, the commission may refuse a proficiency certificate to that person. The effective date of the section has also changed.

Written comments received were from the Houston chief of police who supports the proposed requirements in order to lend credibility for the certificates. The training coordinator from Brazos County Sheriff's Office requested clarification of college credit, an explanation was provided. No changes were made to this rule.

The new section is adopted under Texas Occupations Code Annotated Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008968

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.3, concerning peace officer proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10492).

The new section identifies the requirements for all proficiency certificates.

The new section also changes points to training hours from the existing §221.17, which will be repealed.

Written comments were received from the Houston chief of police who supports converting training points to training hours. He also supports requiring all five courses for Intermediate Certification.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008969

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.5, concerning jailer proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10493).

The new section changes points to training hours from the existing §221.19, which will be repealed.

In addition, the adopted new section identifies requirements for all jailer proficiency certificates to include the addition of a master jailer.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008970

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.7, concerning investigative hypnosis proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10494).

The new section changes the language of the existing §221.7, which will be repealed.

The peace officer requirements for hypnosis proficiency in the existing §221.21(a)(1) and (2) are reflected in new §221.1(a)(2).

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008971

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.9 concerning Standardized Field Sobriety Testing Proficiency (SFST), without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10494).

The new section changes the language and requires an applicant to meet all proficiency requirements, including successful completion of the current National Highway Traffic Safety Administration (NHTSA) approved SFST Practitioner Course, and 35 field test evaluations as reported by the approved training provider. The peace officer current license requirements are reflected in the adopted new §221.1. In addition, the new section removes drug recognition expert certificate from the existing §221.23, which will be repealed.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008972

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.11, concerning mental health officer proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10495).

The new section clarifies language of the existing §221.27, which will be repealed.

In addition, the new section adds language requiring peace officers to meet continuing education requirements and for non-peace officers to meet adopted enrollment standards.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008973

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.13

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.13, concerning emergency telecommunications proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10495).

The adopted new language clarifies that an applicant must meet all the specified proficiency requirements in order to qualify for the basic emergency telecommunications proficiency, including the adopted enrollment standards.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008974

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.15, concerning crime prevention inspector proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10496).

The new section adds language to the text of §221.29, which will be repealed.

The added language states that the applicant must meet all proficiency requirements, including, successful completion of the current training course reported by the approved training provider. The new section also changes the State Board of Insurance to the Department of Insurance.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008975

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.17, concerning homeowners insurance inspector proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10496).

The new §221.17 clarifies existing text from the existing §221.31, which will be repealed.

The new section also adds language requiring applicants that are peace officers to meet current continuing education requirements for the previous cycle and requires applicants to not have ever had a certificate or license revoked or suspended by the commission. In addition, if the applicant is not a commissioned peace officer, an applicant must meet the adopted enrollment standards.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008976

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.19, concerning firearms instructor proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10497).

The new section includes new language from the existing §221.33, which will be repealed.

The new rule deletes the requirement from this section that an applicant is not prohibited by state or federal law or rule, from attending training related to firearms or from possessing a firearm.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008977

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.21

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.21 concerning firearms proficiency for community supervision officers, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10498).

The new section clarifies the requirements for the certificate from the existing §221.35, which will be repealed.

The new section also adds the term "community" to the text.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008978

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.23

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.23, concerning the academic recognition award, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10498).

The new section provides clarity and includes language that requires applicants to meet all proficiency prerequisites, changing the language from the existing §221.38, which will be repealed.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008979

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.25

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.25, concerning civil process proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10499).

The new section changes the language of the old §221.38, which will be repealed.

In addition, the new section omits reference of application fees for certification.

Written comments received were from the President of the Texas Reserve Law Officers Association who supports this proficiency certificate, but wants reserve officers to be eligible to receive this certificate.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008980

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §221.27

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.27, concerning instructor proficiency certificates, concerning civil process proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10499).

The new section revises language in the existing §217.15, which will be repealed.

The new rule changed the term license, to the term certificate throughout the text. In addition, the new section allows telecommunicators meeting the proficiency requirements in new §221.1 to become eligible for the instructor certification.

Written comments received were from the Houston chief of police who disagrees with the change from license to certificate. No changes were made to the rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008981

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.1, concerning commission license actions and the commission's notification process, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10500).

The adopted changes to §223.1 (former §.15) include a change in the chapter number, changing the section from Chapter to Chapter 223, improving the organization of the section.

The section has been renumbered and obsolete references or unnecessary language have been eliminated. The adopted new section clarifies the actions that the commission can take against licensed individuals and also clarifies the procedures used by the Commission, when notice of any hearing or any other action is taken before the commission.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008982

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§223.2, 223.7, 223.87

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§223.2, 223.7 and 223.87 relating to enforcement actions, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10500).

The adopted sections are being renumbered and obsolete references are being eliminated. The adopted amendments to these sections are being rewritten for clarity, readability and improved organization.

No comments were received regarding the repeal of these rules.

This repeal is adopted under the Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009003

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.3, concerning an answer required from a person whose license the executive director proposes to deny, cancel, suspend or revoke, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10501).

The new section §223.3 (former §223.2) explains the authority the executive director has in these cases.

A licensee must file an answer either consenting to the penalty recommended by the executive director in his petition or request a contested case hearing.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008983

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.5, concerning the filing of documents, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10501).

The adopted new language in §223.5 (former §.3) includes a change in the chapter number, changing the section from Chapter to Chapter 223, improving the organization of the section. The change to §223.5 subsection (a) consists of the deletion of the word "him," replacing the reference with the term "executive director".

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008984

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.7, concerning contested cases and hearings, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10502).

The adopted new language in §223.7 (former §.9) includes a change in the chapter number, changing the section from Chapter to Chapter 223 making for improved organization of the section.

The section has been renumbered and language has been added to include the effective date of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008985

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.9, concerning the place and nature of hearings, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10502).

The adopted new language in §223.9 (former §.7) includes a change in the chapter number, changing the section from Chapter to Chapter 223, improving the organization of the section.

The section has been renumbered and new language is adopted in subsection (b). Language has been added to include the effective date of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008986

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.11, concerning the State Office of Administrative Hearings administrative law judge proposal for decision and any adversely affected party's right to file exceptions or briefs, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10503).

The adopted new language in §223.11 (former §.10) includes a change in the chapter number, changing the section from Chapter to Chapter 223 improving the organization of the section.

The section has been renumbered and new language has been adopted in subsection (b). The term "thirty" has been amended to read the number "30"; the term "twenty" has been amended to read the number "20". The effective date of the adopted amendment has also been changed.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008987

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.13

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.13, concerning a license holder's voluntary surrender of any license issued by the Commission, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10503).

The adopted new language in §223.13 (former §.101) includes a change in the chapter number, changing the section from Chapter to Chapter 223, improving the organization of the section.

The section has been renumbered and a change has been made to the effective date.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008988

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.15, concerning suspension of licenses issued by the Commission, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10504).

The adopted new language in §223.15 (former §223.87) includes new language.

In subsection (a) the word "noted" has been replaced by the term "authorized by law." In subsection (a)(2), the reference to the Government Code has been replaced by the Occupations Code, Chapter 1701. In subsection (a)(5), language has been added that will authorize the Commission to suspend any license issued by the Commission if the license holder has previously received two written reprimands from the Commission. In subsection (b), a license may be suspended even though it may have become inactive by some other means, such as expiration, voluntary surrender, or if there has been a two-year break in service. In subsection (c) the term of suspension for a licensee charged with the commission of a felony, and adjudication is deferred, and the license holder is placed on community supervision, the Commission shall immediately suspend any license held for a period of 20 years. In subsection (d) the adopted new language allows the Commission to suspend any license issued by the Commission for a term of 10 years if a judgment and sentence is entered resulting in a misdemeanor conviction above the grade of a Class C misdemeanor. In subsection (f) the adopted new language allows the Commission to suspend any license issued by the Commission if the court's judgment or adjudication is deferred for any misdemeanor above the grade of a Class C misdemeanor or any family violence offense; and the licensee is then placed on community supervision, in this instance the term of suspension shall be equal to the actual time served on community supervision. This section has been renumbered and obsolete references have been eliminated.

Written comments received were from the Houston chief of police who disagrees with the ten-year suspension for a misdemeanor conviction above the grade of a Class C. A Lieutenant from the Missouri City Department of Public Safety questioned why a written reprimand could be issued in lieu of a suspension for felony community supervision. He also suggests that the word misdemeanor be inserted before community supervision in subsection (g). A Lieutenant from the Missouri City Department of Public Safety states that current license holders should meet the same standards as initial applicants. No change to the rule was made.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008989

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.17, concerning the reinstatement of a suspended or probated license, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10506).

The adopted new section clarifies the procedures used by the Commission when reinstating licenses that were issued by the Commission.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008990

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.19, concerning the revocation of licenses issued by the Commission, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10506).

The adopted new language in §223.19 (former §223.7) is a change to the section number and to the effective date.

The renumbering of the section makes the sections sequential and easier to follow.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008991

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §223.21

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §223.21, concerning an individual's right to appeal should that individual disagree with a final decision of the Commission, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10508).

The adopted new language in §223.21 (former §.17) includes a change in the chapter number.

Changing the section from Chapter to Chapter 223 will improve the organization of the section.

No comment were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008992

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§225.1, 225.3, 225.5, 225.7, 225.9, 225.11

The Texas Commission on Law Enforcement Officer Standards and Education ("Commission") adopts the repeal of §§225.1,225.3,225.5,225.7,225.9, and 225.11 concerning contract jailer proficiency, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10508).

The requirements for contract jailer agencies and personnel will be organized to meet current minimum standards for jailers. Enforcement of contract jailer license will be placed under the new chapter 223 regarding procedures for all action taken on licenses. The repeal will also allow reporting responsibilities to be organized under the administrative procedures in the new chapter .

No comments were received regarding the repeal of these rules.

This repeal is adopted under the Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

The following statute is affected by this repeal: Texas Occupations Code Annotated, Chapter 1701, §1701.151 - General Powers.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009004

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §225.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §225.1, concerning issuance of contract jailer license, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10509).

The new section revises the text to clarify the language from the existing §225.1, which will be repealed.

The new section also changes jailer certificate to jailer license.

No comments were received regarding the adoption of the new rule.

This new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008993

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §§229.1, 229.5, 229.10, 229.15, 229.20

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §§229.1, 229.5, 229.10, 229.15 and 229.20 relating to the eligibility of deceased Texas peace officers' and their inclusion on the Texas Peace Officers' Memorial, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10509).

The adopted repeals of this sections are being renumbered and obsolete references are being eliminated. The adopted amendments to these sections are being rewritten for clarity, readability and improved organization.

No comments were received regarding the repeal of these rules.

This repeal is adopted under the Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200009005

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 396-7700

37 TAC §229.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §229.1, concerning the general eligibility of deceased Texas peace officers and their inclusion on the Texas Peace Officers' Memorial, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10510).

The adopted new language in §229.1 (former §229.5) includes a change in the section number improving the organization of the section.

Written comments were received from the President of the Texas Reserve Law Officers Association states that reserve officers should be eligible for inclusion on the Memorial for any off-duty, line of duty incident. No change to this rule was made.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008994

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §229.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §229.3, concerning the specific eligibility of deceased Texas peace officers and their inclusion on the Texas Peace Officers' Memorial, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10510).

The adopted new language in §229.3 (former §229.10) includes a change in the section number improving the organization of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008995

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §229.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §229.5, concerning the determination standards used by the Commission to establish a deceased peace officer's eligibility for inclusion on the Texas Peace Officers' Memorial, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10511).

The adopted new language in §229.5 (former §229.20) includes a change in the section number improving the organization of the section.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008996

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700

37 TAC §229.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §229.7, concerning Texas peace officers whose deaths would not be considered for inclusion on the Texas Peace Officers' Memorial, without changes to the proposed text as published in the October 20, 2000, issue of the Texas Register (25 TexReg 10512).

The adopted new language in §229.7 (former §229.15) clarifies the circumstances by which a deceased Texas peace officer would be ineligible for inclusion on the Texas Peace Officers' Memorial.

No comments were received regarding the adoption of the new rule.

The new section is adopted under Texas Occupations Code Annotated, Chapter 1701, §1701.151, which authorizes the Commission to promulgate rules for the administration of this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2000.

TRD-200008997

Edward T. Laine

Chief, Professional Standards and Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2001

Proposal publication date: October 20, 2000

For further information, please call: (512) 936-7700