TITLE 37.PUBLIC SAFETY AND CORRECTIONS

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) adopts an amendment to Title 37, Texas Administrative Code §217.1 concerning minimum standards for initial licensure, without changes to the proposed text as published in the November 16, 2001, issue of the Texas Register (26 TexReg 9364) and will not be republished.

In §217.1 subsection (a)(4), additional language clarifies that the ten-year period for community supervision or probation begins from the date of the court order. Subsection (a)(14) of this section, new language clarifies that an individual applying for initial licensure, could not have previously had a commission license denied by final order, revoked, currently on suspension for a criminal violation, or currently have a voluntary surrender of license in effect. In subsection (g)(1)(B)(i) and (ii) of this section, the term, "POST developed," was added for clarification purposes. The additional language in this subsection explains that "successful completion of a commission recognized POST developed basic law enforcement training course is to include, out of state licensure or certification and submission of the current basic peace officer course taken at a licensed academy." In addition, the language further clarifies that the commission may approve an academic alternative program that is part of a degree plan program and consists of the commission-approved transfer curriculum, the peace officer sequence courses and, after September 1, 2003, at least an associate's degree. Guidelines are being provided to agencies that are seeking to obtain a provisional license in subsections (k), (l) and (m) of this section. In subsection (n) of this section, clarification is provided regarding the cases and the terms for which a temporary jailer license may not be reissued and when it expires. The only other adopted change is the effective date in subsection (o) of this section.

No written comments were received.

This amendment 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 January 7, 2002.

TRD-200200043

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2002

Proposal publication date: November 16, 2001

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


37 TAC §217.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to Title 37, Texas Administrative Code §217.7 concerning reporting the appointment and the termination of a licensee, without changes to the proposed text as published in the November 16, 2001, issue of the Texas Register (26 TexReg 9366) and will not be republished.

For consistency purposes, in §217.7, subsection (a), the language "person who already holds a commission license," is being deleted and replaced by the term "licensee." The same applies in subsection (d) of this section, the term "person" is being deleted and replaced by the term "licensee." Due to legislative changes, additional language is being provided in subsection (h) of this section. Title 10, Chapter 1701, §1701.454, of the Occupations Code, was affected by the passage of Senate Bill 1583. The adopted new language in subsection (h) of this section explains that a report or statement submitted under this section is exempt from disclosure under the Public Information Act, Chapter 552, Government Code, unless the person resigned or was terminated due to substantiated incidents of excessive force or violations of the law other than traffic offenses.

No written comments were received.

This amendment 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 January 7, 2002.

TRD-200200044

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2002

Proposal publication date: November 16, 2001

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


37 TAC §217.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to Title 37, Texas Administrative Code §217.19 concerning reactivation of a license, without changes to the proposed text as published in the October 12, 2001, issue of the Texas Register (26 TexReg 7995) and will not be republished.

A notice of error was published in November 16, 2001, issue of the Texas Register (26 TexReg 9435) for subsection (g)(4) of this section. In new subsection (g) paragraph (4) text was incorrectly published with strike-through marks to indicate that it was proposed for deletion.

The adopted amendment to this subsection clarifies the process that will be used by the Commission to allow individuals to maintain an active license status by completing the legislatively required continuing education. Subsection (f) of this section also clarifies the process that will be used for any jailer license issued after March 1, 2001. Jailers will be required to retest if out more than 2 years effective March 1, 2001. The amendment also adopted a change to the effective date in subsection (h) of this section.

No written comments were received.

This amendment 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 January 7, 2002.

TRD-200200045

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2002

Proposal publication date: October 12, 2001

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


Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 427. TRAINING FACILITY CERTIFICATION

Subchapter A. ON-SITE CERTIFIED TRAINING PROVIDER

37 TAC §§427.1, 427.3, 427.5, 427.7, 427.9, 427.11, 427.13, 427.15, 427.17, 427.19

The Texas Commission on Fire Protection (TCFP) adopts amendments to Chapter 427 §§427.1, 427.3, 427.5, 427.7, 427.9, 427.11, 427.13, 427.15, 427.17, and 427.19 concerning Training Facility Certification, and new Subchapter A, On-Site Certified Training Provider, without changes to the text published in the August 31, 2001 issue of the Texas Register (26 TexReg 6630).

The amendments clarify testing procedures and information that is specific to the on-site delivery of certification programs.

The amendments define "on-site training facility," narrow existing language to refer to "on-site" facilities in particular, add specifications for staff certifications, and correct typographical and grammatical errors.

There were no comments received on the proposed amendments.

The amendments are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to adopt rules for the administration of its powers and duties, and Texas Government Code, §419.028, which provides the TCFP with authority to certify an institution or facility operated specifically for training fire protection personnel recruits.

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 January 7, 2002.

TRD-200200041

Jake Soteriou

Director of Fire Service Standards and Certification Division

Texas Commission on Fire Protection

Effective date: January 27, 2002

Proposal publication date: August 31, 2001

For further information, please call: (512) 239-4921


Subchapter B. DISTANCE TRAINING PROVIDER

37 TAC §§427.201, 427.203, 427.205, 427.207, 427.209

The Texas Commission on Fire Protection (TCFP) adopts new §§427.201, 427.203, 427.205, 427.207, and 427.209, concerning certified distance training providers, without changes to the text published in the August 31, 2001 issue of the Texas Register (26 TexReg 6634).

The new sections will assist personnel in obtaining certifications through the flexibility offered by non- traditional, certified internet training providers.

The new sections define "approved distance training," establish minimum standards for distance training providers in the areas of record keeping, and testing procedures, and provide general information regarding class credit, supervision of trainees, and grounds for revocation of certification.

There were no comments received on the proposed new sections.

The new rules are adopted under Texas Government Code, §419.008, which provides the TCFP with authority to adopt rules for the administration of its powers and duties, and Texas Government Code, §419.028, which provides the TCFP with authority to certify an institution or facility operated specifically for training fire protection personnel recruits.

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 January 7, 2002.

TRD-200200040

Jake Soteriou

Director of Fire Service Standards and Certification Division

Texas Commission on Fire Protection

Effective date: January 27, 2002

Proposal publication date: August 31, 2001

For further information, please call: (512) 239-4921