TITLE 37.PUBLIC SAFETY AND CORRECTIONS

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

Chapter 223. ENFORCEMENT

37 TAC §223.16

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new Title 37, Texas Administrative Code, §223.16, concerning the suspension of license for constitutionally elected officials. The new section is adopted without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3783) and the text will not be republished.

The Commission adopts new Title 37, Texas Administrative Code, §223.16 to allow the Commission to take disciplinary action against elected law enforcement officers who violate state law and Commission rules.

The Commission is required by §1701.302(b) of the Occupations Code to establish requirements for issuing the license and for revocation, suspension, or denial of the license. Action against these officers license would result from a conviction of a misdemeanor, a class C misdemeanor directly related to the duties and responsibilities of their office, placement on deferred adjudication for a felony or misdemeanor offenses and misdemeanor offenses that are directly related to the duties and responsibilities of the their office.

No comments were received regarding the new section.

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

No other statutes are affected by this adopted new section.

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 10, 2004.

TRD-200403813

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: September 1, 2004

Proposal publication date: April 16, 2004

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


37 TAC §223.20

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new Title 37, Texas Administrative Code, §223.20, concerning the revocation of license for constitutionally elected officials. The new section is adopted without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3785) and will not be republished.

The Commission adopts new §223.20 to allow the Commission to take disciplinary action against elected law enforcement officers who violate the state law and Commission rules.

The Commission is required by §1701.302(b) of the Occupations Code to establish requirements for issuing the license and for revocation, suspension, or denial of the license. Action against these officers license would result from a conviction or placement on deferred adjudication for felony offenses and misdemeanor offenses that are directly related to the duties and responsibilities of the their office.

No comments were received regarding the new section.

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

No other statutes are effected by this adoption.

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 10, 2004.

TRD-200403814

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: September 1, 2004

Proposal publication date: April 16, 2004

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