Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 217.
LICENSING REQUIREMENTS
37 TAC §217.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §217.1 concerning the minimum standards for initial licensure. In §217.1
subsection (g)(1)(C) of this section has been changed to be consistent with
Commission practice. The amendment proposes the elimination of some of the
language in subsection (g)(1)(C) of this section concerning the requirement
of at least one-year paid full-time employment as a law enforcement officer.
This amendment also proposes a change to the effective date in subsection
(n) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr. Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This new section is proposed for amendment under 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 proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§217.1.Minimum Standards for Initial Licensure.
(a)
The commission shall issue a peace officer, jailer, temporary
jailer, or public security officer license to an applicant who meets the following
standards:
(1)
minimum educational requirements:
(A)
have passed a general educational development (GED) test
indicating high school graduation level;
(B)
be a high school graduate; or
(C)
have 12 semester hours credit from an accredited college
or university.
(2)
for peace officers and armed public security officers,
be 21 years of age, or 18 years of age if the applicant has received an associate's
degree or 60 semester hours of credit from an accredited college or university
or has received an honorable discharge from the armed forces of the United
States after at least two years of active service; for jailers be 18 years
of age;
(3)
be fingerprinted and be subjected to a search of local,
state and national records and fingerprint files to disclose any criminal
record;
(4)
not ever have been or currently on court-ordered community
supervision or probation for any criminal offense above the grade of Class
B misdemeanor or a Class B misdemeanor within the last ten years;
(5)
not currently under indictment for any criminal offense;
(6)
not ever have been convicted of an offense above the grade
of a Class B misdemeanor or a Class B misdemeanor within the last ten years;
(7)
never have been convicted of any family violence offense;
(8)
is not prohibited by state or federal law from operating
a motor vehicle;
(9)
is not prohibited by state or federal law from possessing
firearms or ammunition;
(10)
be subjected to a background investigation and be interviewed
prior to appointment by representatives of the appointing authority;
(11)
be examined by a physician, selected by the appointing
or employing agency, who is licensed by the Texas State Board of Medical Examiners.
The physician must be familiar with the duties appropriate to the type of
license sought and appointment to be made. The appointee must be declared
in writing by that professional within 180 days before the date of appointment
by the agency to be:
(A)
physically sound and free from any defect which may adversely
affect the performance of duty appropriate to the type of license sought;
and
(B)
show no trace of drug dependency or illegal drug use after
a physical examination, blood test, or other medical test;
(12)
be examined by a psychologist, selected by the appointing
or employing agency, who is licensed by the Texas State Board of Examiners
of Psychologists. The psychologist must be familiar with the duties appropriate
to the type of license sought and appointment to be made. This examination
may also be conducted by a psychiatrist. The appointee must be declared in
writing by that professional to be in satisfactory psychological and emotional
health to serve as the type of officer for which the license is sought within
180 days before the date of appointment by the agency. The examination must
be conducted pursuant to professionally recognized standards and methods:
(A)
the commission may allow for exceptional circumstances
where a licensed physician performs the evaluation of psychological and emotional
health. This requires the appointing agency to request in writing and receive
approval from the commission, prior to the evaluation being completed; and
(B)
the examination may be conducted by a qualified psychologist
exempt from licensure by the Psychologist Certification and Licensing Act,
Section 22, who is recognized under exceptional circumstances;
(13)
not have been discharged from any military service under
less than honorable conditions including, specifically;
(A)
under other than honorable conditions;
(B)
bad conduct;
(C)
dishonorable; or
(D)
any other characterization of service indicating bad character;
(14)
not have had a commission license denied by final order
or revoked, or have a voluntary surrender of license currently in effect;
(15)
meet the minimum training standards and pass the commission
licensing examination for each license sought;
(16)
not violate any commission rule or provision of Occupations
Code, Chapter 1701.
(b)
A person who fails to comply with the standards set forth
in this section shall not accept the issuance of a license and shall not accept
any appointment. If an application for licensure is found to be false or untrue,
it is subject to cancellation or recall.
(c)
For the purposes of this section, the commission will construe
any court-ordered community supervision, probation or conviction for a criminal
offense to be its closest equivalent under the Texas Penal Code classification
of offenses if the offense arose from:
(1)
another penal provision of Texas law; or
(2)
a penal provision of any other state, federal, military
or foreign jurisdiction.
(d)
A classification of an offense as a felony at the time
of conviction will never be changed because Texas law has changed or because
the offense would not be a felony under current Texas laws.
(e)
An agency must retain records required under this section
for a minimum of five years after the licensee's termination date with that
agency. These records must be maintained in a format readily accessible to
the commission.
(f)
An agency must report to the commission any failure to
appoint an individual in the reported capacity within 30 days of the reported
date of appointment. Such report must be made in the currently prescribed
commission format for termination.
(g)
A person must successfully complete the minimum training
required for the license sought;
(1)
training for the peace officer license consists of:
(A)
the current basic peace officer course; or
(B)
the criminal justice transfer curriculum, the Texas peace
officer sequence identified and approved by the commission, and at least an
associate's degree; or
(C)
out of state licensure or certification, submission of
the current eligibility application and fee, [
(2)
training for the jailer license consists of the current
basic county corrections course(s);
(3)
training for the public security officer license consists
of the current basic peace officer course;
(4)
have passed any examination required for the license sought,
within two years of commission receipt of the licensing application; and
(5)
the licensing application must be submitted to the commission
by a law enforcement or other appointing agency on the completed application
format currently prescribed by the commission for the license sought.
(h)
The commission shall issue a peace officer or jailer license
to any person who is otherwise qualified for that license, even if that person
is not subject to the licensing law or rules by virtue of election or appointment
to office under the Texas Constitution.
(i)
A sheriff who first took office on or after January 1,
1994, must be licensed by the commission not later than two years after taking
office.
(j)
A constable who first took office on or after January 1,
1985, must be licensed by the commission not later than two years after taking
office. A constable taking office after August 30, 1999, must be licensed
by the commission not later than 270 days after taking office.
(k)
The commission may issue a provisional license, consistent
with Occupations Code 1701.311, to an agency for a person to be appointed
by that agency upon a written request to the executive director. The request
should state the reasons that the agency desires a provisional license and
must be signed and dated by the chief administrator. This request must be
approved by the executive director before the individual is appointed.
(l)
A provisional license is issued in the name of the applicant;
however, it is issued to and shall remain in the possession of the agency.
Such a license may neither be transferred by the applicant to another agency,
nor by the agency to another applicant.
(m)
A provisional license or temporary jailer license may not
be reissued and expires:
(1)
12 months from the original appointment date; or
(2)
on leaving the appointing agency.
(n)
The effective date of this section is
November
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 2, 2001.
TRD-200103748
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: November 1, 2001
For further information, please call: (512) 936-7700
37 TAC §217.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §217.7 concerning the reporting of the appointment and termination
of a licensee. In §217.7, subsection (d) of this section, has been amended
to be consistent with Commission practice. In addition, §217.7 is being
changed to be consistent with the philosophy of the rules committee. It was
not the intent of the committee to require all persons transferring from one
agency to another to meet the current minimum standards for licensure. The
committee did discuss the issue and felt that it would be appropriate to require
those with at least a two year break in service to meet the current minimum
standards for licensure. This amendment also proposes a change to the effective
date in subsection (i) of this section.
Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined
that for the first five-year period that the proposed amended section is in
effect there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rule.
Dr. Dozier has also determined that for each year of the first-five years
this section is in effect, there will be no new anticipated public benefit
as a result of enforcing this rule. There will be no effect on small or micro
businesses. There will be no new anticipated increase in economic cost to
individuals who are required to comply with the rule as proposed.
Written comments should be submitted to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile
(512) 936-7714.
This new section is proposed for amendment under 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 proposed rule: Texas Occupations
Code Annotated, Chapter 1701, §1701.151 - General Powers.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a)
Before hiring or appointing a person who already holds
a commission license, an agency shall contact the commission, electronically
or in writing, to determine whether the commission has employment history
records on that person. If employment history records exist, then the agency
shall contact the previous employing agency(ies) in writing to request employment
information.
(b)
In order to receive information from employment history
records regarding the reasons for resignation or termination submitted by
a former appointing agency, the inquiring agency must request the information
in writing on the agency's letterhead. The request must be signed by the agency
chief administrator or designee. The request must be accompanied by a commission
form that authorizes release of that information. This form must be signed
and sworn to by the person who is the subject of the report.
(c)
An agency that appoints a person who already holds a valid,
active license appropriate to that position must notify the commission of
such appointment not later than 30 days after the date of appointment. This
notification must be made in the currently prescribed commission format that
reports appointment. This format must be completed, and filed with the commission
by the agency's chief administrator.
(d)
Before appointing a person who
has had a break in service
of at least two years,
[
(e)
If the appointment is made after a 180-day break in appointment,
the agency must have the following on file and readily accessible to the commission:
(1)
a new criminal history check by name, sex, race and date
of birth from both TCIC and NCIC;
(2)
a new declaration of psychological and emotional health;
(3)
a new declaration of lack of any drug dependency or illegal
drug use; and
(4)
two completed applicant fingerprint cards or, pending receipt
of such cards, an original sworn, notarized statement by the applicant:
(A)
of his or her complete criminal history, or
(B)
that he or she meets the current academy enrollment standards.
Such affidavit may be maintained by the agency while awaiting the return of
completed applicant fingerprint card.
(f)
An agency must retain records kept under this section for
a minimum of five years after the licensee's termination date with that agency.
The records must be maintained in a format readily accessible to the commission.
(g)
When a person licensed by the commission resigns from appointment
or employment with an agency or if a person's appointment or employment is
terminated for any reason, the agency shall submit a report to the commission
in the currently prescribed commission format that reports resignation or
termination, including all emergency telecommunicators. The report shall be
submitted within 30 days following the date of resignation or termination.
The report shall include an explanation of the circumstances under which the
person resigned or was terminated. The agency shall provide the person who
is the subject of the report a copy of the report. The person may submit a
written statement to the commission to contest or explain any matters contained
in the report.
(h)
A report or statement submitted under this section is exempt
from disclosure under the Public Information Act, Chapter 552, Government
Code and is subject to subpoena only in a judicial proceeding.
(i)
The effective date of this section is
November
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 2, 2001.
TRD-200103749
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: November 1, 2001
For further information, please call: (512) 936-7700
Chapter 245.
GENERAL PROVISIONS
37 TAC §§245.11, 245.22, 245.30, 245.47
The Private Sector Prison Industries Oversight Authority
Board proposes amendments to §§245.11, 245.22, 245.30, and 245.47
concerning the establishment of the Private Sector Prison Industries Expansion
Account, eliminating the requirement for participating agencies or private
industry partners from paying an equivalent amount to unemployment insurance
taxes. The change also provides an avenue for the Private Sector Oversight
Authority Board to direct where Victims Compensation funds are donated and
several administrative changes. Proposed §245.11 defines requirements
set out in House Bill (HB) 1617, 77th Legislature, 2001.
Robert F. Carter, Program Specialist for the Prison Industries Enhancement
Program, and Joe H. Thrash, Assistant Attorney General representing the Board,
have determined that for the first five-year period the amendments are in
effect, there will be no fiscal implications for state or local government.
Mr. Carter and Mr. Thrash have also determined that the public benefit
anticipated as a result of enforcing the sections as proposed is that the
amendments conform the Board rules with the changes in the law made by House
Bill 1617, 77th Legislature, 2001.
There will be no effect on small businesses or micro-businesses as a result
of enforcing the amendments. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Robert F. Carter, Texas Department
of Criminal Justice, 8610 Shoal Creek Boulevard, Austin, Texas 78757. Comments
must be received no later than 30 days from the date of publication of the
proposal in the
Texas Register
.
The amendments are proposed under Texas Government Code, §§497.051
- 497.062, which provides the Oversight Authority with the authority to promulgate
rules; 18 United States Code 1761; 42 United States Code, §§4321
- 4347; and 40 Code of Federal Regulations Part 1500.
Cross Reference to Statute: 18 United States Code 1761; 42 United States
Code, §§4321 - 4347; and 40 Code of Federal Regulations Part 1500.
§245.11.Payments by Industries to the Private Sector Prison Industries Expansion [
[(a)
The participating agency/entity, facility
or private industry partner(s) shall calculate the equivalent amount of unemployment
insurance taxes owed for each inmate participating in the Prison Industries
Program utilizing the formula established annually by the Texas Workforce
Commission for calculating the payment of unemployment insurance taxes.]
(a)
[
(b)
To construct more facilities and increase
the number of participants, the private sector prison industry expansion account
is created as an account in the general revenue fund. Money in the account
may be appropriated only to construct work facilities, recruit corporations
to participate as private sector industries programs, and pay costs of the
authority and department in implementing this subchapter, including the cost
to the department in reimbursing authority members and the employer liaison
for expenses.
(c)
On each certification by the department
that an amount has been deposited to the credit of the general revenue fund
from deductions from participants' wages under Texas Government Code, §497.0581,
the comptroller shall transfer an equivalent amount from the general revenue
fund to the private sector prison industry expansion account, until the balance
in the account is $2 million. On a certification occurring when the balance
in the account is more than $2 million, the comptroller shall transfer to
the account an amount equal to one-half of the amount deposited to the credit
of the general revenue fund from deductions from participants' wages.
(d)
The authority staff during each calendar
quarter shall make a certification of the amount deposited during the previous
calendar quarter to the credit of the general revenue fund from deductions
from participants' wages under Texas Government Code, §497.0581.
§245.22.Consultation with Labor and Business Organizations.
(a)
(No change.)
(b)
Participating agencies/entities shall provide the required
consultations (by outgoing mail or fax) with business and labor organizations
prior to designation
[
(c)-(d)
(No change.)
§245.30.Distribution of Wages of Work Program Participants.
(a)
Participating agencies/entities, facilities and industry
partners shall collect and disburse earned funds according to Federal Guidelines
and the specific legislation authorizing their participation in the Private
Sector Prison Industry Enhancement Program (PIE).
(1)
Allowable disbursements under Federal Guidelines are:
(A)
payroll taxes;
(B)
reasonable charges for room and board;
(C)
allocations for support of family pursuant to State statute,
court order, or agreement by the offender; and
(D)
contributions to any fund established by law to compensate
the victims of crime of not more than 20% but not less than 5.0% of gross
wages.
Those funds collected will be distributed as follows:
(i)
Wardens, Superintendents or other Supervising
authorities at each facility operating a PIE program may nominate three deserving
victim's organizations to the Authority by the first day of June each year.
(ii)
Private Sector Prison Industries Oversight
Authority Members and staff may nominate other deserving victim's organizations.
(iii)
The Authority will review all nominations
and select the organizations by a majority vote.
(2)
The participating agency/entity, facility and industry
partner shall collect deductions in accordance with the State law or proper
authority authorizing such deductions.
(b)-(e)
(No change.)
§245.47.Removal Provisions
(a)
It is ground for removal from the Authority that a member:
(1)
does not have, at the time of taking office, the qualifications
required by Texas Government Code, §497.052 (a);
(2)
does not maintain. during service on the Authority, the
qualifications required by Texas Government Code, §497.052 (a);
(3)
is ineligible for membership under Texas Government Code, §497.052
(d) or §497.0521 (b) or (c);
(4)
cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5)
is absent for more than half of the regularly scheduled
Authority meetings that the member is eligible to attend during a calendar
year without an excuse approved by a majority vote of the Authority.
(b)
If the management staff of the Authority has knowledge
that a potential ground for removal exists, the
Authority
[
(1)
If the potential ground for removal involves the Presiding
Officer, the
Authority
[
(2)
Members, absent for more than one half of the scheduled
meetings shall submit in writing the reason for their absence to the Presiding
Officer.
(3)
The Presiding Officer shall submit the member's excuse
to the Authority for a vote either to excuse or not excuse the absences.
(c)
The
Authority
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 2, 2001.
TRD-200103741
Joe Thrash
Attorney
Private Sector Prison Industries Oversight Authority
Earliest possible date of adoption: August 12, 2001
For further information, please call: (512) 406-5750
Chapter 377.
PREVAILING WAGE RATE DETERMINATION
The Texas Military Facilities Commission (Commission) proposes an
amendment to §377.1, relating to Prevailing Wage Rates and the repeal
of §§377.2-377.4, relating to Data Gathering Procedures, Ascertaining
Prevailing Wage Rates, and Use of Determinations.
The amendment and repeals are proposed to conform the Commission's prevailing
wage rate determinations and procedures with the requirements of Government
Code, Chapter 2258.
Lydia Cruz, Director of Accounting and Administration, has determined that
for each year of the first five years that the amendment and repeals will
be in effect there will be no fiscal implications to the state or to local
governments. No economic cost is anticipated to persons as a result of the
amendment and repeals.
Ms. Cruz has also determined that for each year of the first five years
the amendment and repeals are in effect the public benefit anticipated will
be certainty on the part of the Commission's contractors and subcontractors
regarding the manner by which prevailing wages are determined and the procedures
to be followed for the resolution of disputes. There will be no effect on
small businesses. No economic costs are anticipated to persons who are required
to comply with the proposed amendment and repeals.
Comments on the proposal may be submitted to Tina Burford, Texas Military
Facilities Commission, P.O. Box 5426, Austin, Texas 78763-5426, or by e-mail
to for thirty (30) days after notice of the proposed amendment and repeals
are published in the
Texas Register
.
at least one year paid
full time employment as a law enforcement officer,
] and successful completion
of a POST commission recognized, developed basic law enforcement training
course;
March
] 1, 2001.
already holds a commission license
]
an agency shall ensure
that
the person meets the current minimum
standards for licensure.
March
] 1, 2001.
Part 8.
PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY Oversight ] Account.
(b)
] The
department
[
participating agency/entity, facility or private industry partner(s)
]
shall forward
money collected under Texas Government Code, §497.0581
[
the amount of moneys calculated under subsection (a) of this
section to the Oversight Authority. The Oversight Authority shall forward
the moneys
] to the State Comptrollers office for deposit in the General
Revenue Fund [
in the Private Sector Prison Industries Oversight Account.
Moneys shall be forwarded on a quarterly basis. A copy of the deposit shall
be forwarded to the Oversight Authority or Designee
].
within three working days from the date of
receipt of complete and accurate prevailing wage and non-displacement of workers
information
] . Failure to provide timely consultation with business
and labor [
organizations in a timely manner
] may result in a delay
in industry project designation by the Private Sector Prison Industries Oversight
Authority.
management
] staff [
of the Authority
] shall notify the Presiding
Officer, in writing, of the potential ground. The Presiding Officer shall
then notify the Governor and the Attorney General that a potential ground
for removal exists.
management
] staff [
of
the Authority
] shall notify the next highest ranking Officer of the
Authority who shall notify the Governor and the Attorney General that a potential
ground for removal exists.
management
] staff
[
of the Authority
] shall provide to members of the Authority and
to Agency employees, as often as necessary, information regarding the requirements
for office or employment under this subchapter including, information regarding
a person's responsibilities under applicable laws relating to standards of
conduct for State Officers and employees.
Part 12.
TEXAS MILITARY FACILITIES COMMISSION