TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 217. LICENSING REQUIREMENTS
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.7, concerning the reporting of the appointment and termination of a licensee without changes to the proposed text as published in the April 19, 2002, issue of the Texas Register (27 TexReg 3324).
In §217.7(d), the Commission clarifies that new licensing standards do not apply to current licensees unless their licenses have expired. The substitution of the word "affidavit" for the word "statement" in subsection (e)(4) is for consistency purposes. The only other adopted change to this section is to the effective date in subsection (i) of this section.
In this section, individuals not currently employed who maintain the required continuing education will be held to the same standards that applied when they were originally licensed.
No comments were received since publication of the prospective order.
This section is adopted under Texas Occupations Code Chapter 1701, §1701.151 General Powers, which authorizes the Commission to promulgate rules for the administration of this chapter.
The following statute is affected by this adopted rule: Texas Occupations Code Chapter 1701, §1701.451. Preemployment Inquiry.
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 June 17, 2002.
TRD-200203742
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.19, concerning reactivation of a license with changes to the proposed text as published in the April 19, 2002, issue of the Texas Register (27 TexReg 3324).
In §217.19, the Commission clarifies in subsections (b) and (c) of this section that the reactivation standards are contained in subsection (g), rather than in both subsections (f) and (g), by deleting references to subsection (f) of this section. The only other adopted change to this section is to the effective date in subsection (h) of this section.
The changes made from the publication of the proposed amendment are in subsection (b) and (c) of this section. The inclusion of section numbers §217.19 in subsections (b) and (c) of this section was not proper formatting and they were therefore deleted. This was a non-substantive change.
This section functions as before, as it is only a language clean up.
No comments were received since publication of the prospective order.
This section is adopted under Texas Occupations Code Chapter 1701, §1701.151 General Powers, which authorizes the Commission to promulgate rules for the administration of this chapter.
The following statute is affected by this adopted rule: Texas Occupations Code Chapter 1701, §1701.316. Reactivation of Peace Officer License.
§217.19. Reactivation of a License.
(a) The commission will place all licenses in an inactive status when the licensee has neither been reported to the commission as appointed for more than two years after:
(1) the last report of termination, or
(2) the date of last reactivation, nor
(3) met all the continuing education requirements.
(b) Individuals with basic licensure training over two years old must meet the requirements of subsection (g) of this section before they may be appointed.
(c) Individuals with basic licensure examination results over two years old must meet the requirements of subsection (g) of this section before they may be appointed.
(d) The holder of an inactive license is unlicensed for purposes of these sections and the Occupations Code, Chapter 1701.
(e) This section includes any permanent peace officer qualification certificate with an effective date before September 1, 1981.
(f) This section includes any jailer licenses issued after March 1, 2001.
(g) Before individuals with inactive licenses may be appointed they must:
(1) meet the current licensing standards, with successful completion of a basic licensing course current at the time of initial licensure; fulfilling this requirement;
(2) successfully complete the legislatively required continuing education for the current training cycle;
(3) make application and submit any required fee(s) for an endorsement in the format currently prescribed by the commission;
(4) obtain an endorsement, issued by the commission, giving the individual eligibility to take the required licensing examination; and
(5) pass the licensing examination for the license to be reactivated. If failed three times, the applicant may not be issued another endorsement of eligibility until successful completion of the current basic licensure course.
(h) The effective date of this section is September 1, 2002.
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 June 17, 2002.
TRD-200203743
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 936-7700
CHAPTER 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §221.29, concerning minimum standards for the awarding of a special investigator proficiency certificate without changes to the proposed text as published in the April 19, 2002, issue of the Texas Register (27 TexReg 3325).
In §221.29(a), the Commission establishes the minimum qualifications to receive a special investigator proficiency training certificate by requiring two years of full time salaried experience as a peace officer, an intermediate certificate, completion of a specified training course, and never having had a license suspended or revoked.
In this section, the Commission will award a printed certificate and add a notation to the individual’s Commission records that indicates that the person has the requisite training and experience for the award. The Commission’s actions will be based on the individual’s application and payment of the requisite fee.
No comments have been received since publication of the prospective order.
This section is adopted under Texas Occupations Code Chapter 1701, §1701.151 General Powers, which authorizes the Commission to promulgate rules for the administration of this chapter. The following statute is affected by this adopted rule: Texas Occupations Code Chapter 1701, §1701.402. Proficiency Certificates. 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 June 17, 2002.
TRD-200203744
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 936-7700