Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 211.
ADMINISTRATION
37 TAC §211.27
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §211.27, concerning
Reporting Responsibilities of Individuals. A proposed amendment to subsection
(d) amended by adding language that would require a licensee to report a permanent
mailing address or address change to the Commission. New subsection (e) reflects
the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by reducing the amount of time that Commission staff spends
with outside entities to retrieve licensee addresses.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.202 Complaints.
No other code, article, or statute is affected by this proposal.
§211.27.Reporting Responsibilities of Individuals.
(a)
When a licensee is arrested, charged, or indicted for a
criminal offense above the grade of Class C misdemeanor or for any Class C
misdemeanor involving the duties and responsibilities of office or family
violence, that person must report such fact to the commission in writing within
30 days, including the name of the arresting agency, the style, court, and
cause number of the charge or indictment, if any, and the address to which
notice of any commission action will be mailed.
(b)
A person to whom this section applies must also report
to the commission the final disposition of the criminal action within 30 days
of the effective date of the disposition.
(c)
A licensee must report any name change to the commission
within 30 days.
(d)
A licensee must report to the
Commission a permanent mailing address other than an agency address and must
report to the Commission any change within 30 days.
(e)
[
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 December 22, 2005.
TRD-200506061
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §211.29
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §211.29, concerning
Responsibilities of Agency Chief Administrators. A proposed amendment to subsections
(c), (f), (g), and (h) are amended to be consistent with the new language
in the Texas Occupations Code §1701.452. Subsection (h) is amended to
require that chief administrators notify the Commission of any changes to
name, physical location, mailing address, electronic mail address, or telephone
number. Subsection (i) is amended to reflect the effective date for these
changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by ensuring that the rules are consistent with the requirements
of the Occupations Code and ensuring that departmental information is current.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.452 Employment Termination
Report, and §1701.153 Reports From Agencies and Schools.
No other code, article, or statute is affected by this proposal.
§211.29.Responsibilities of Agency Chief Administrators.
(a)
An agency chief administrator is responsible for making
any and all reports and submitting any and all documents required of that
agency by the commission.
(b)
An agency appointing a person who does not hold a commission
license must file an application for the appropriate license with the commission.
(c)
Before an
[
(d)
An agency shall notify the commission, electronically or
in writing, within 30 days, when it receives information that a person under
appointment with that agency 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.
(e)
Except in the case of a commission error, an agency that
wishes to report a change to any information within commission files about
a licensee shall do so in a request to the commission, containing:
(1)
the licensee’s name and social security number;
(2)
the requested change; and
(3)
the reason for the change.
(f)
An agency must notify the commission, electronically or
in writing,
following the requirements of Texas Occupations Code §1701.452
within 30 days, when a person under appointment with that agency resigns
or is terminated. [
(g)
An agency chief administrator must comply
with orders from the commission regarding the correction of a report of resignation/termination
or request a hearing from SOAH.
(h)
[
(i)
[
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 December 22, 2005.
TRD-200506062
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §211.31
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §211.31, concerning
Memorandum of Understanding on Continuity of Care. An amendment is proposed
for a name change for one of the agencies that work under this memorandum
of understanding. Prior to January 2005, this agency was named The Texas Council
on Offenders with Mental Impairments. During the 78th legislature, the mission
of this agency was broadened, thus the name change to The Texas Correctional
Office on Offenders with Mental and Medical Impairments. Subsection (b) is
amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect, there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section, as proposed, will be in effect, there will be a positive benefit
to the public by ensuring that the rules are consistent with the requirements
of the Occupations Code and ensuring that departmental information is current.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect, there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.404 Memorandum of Understanding
on Continuity of Care.
No other code, article, or statute is affected by this proposal.
§211.31.Memorandum of Understanding on Continuity of Care
(a)
The Commission adopts, by reference, a memorandum of understanding
that
[
(b)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506063
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.1, concerning
Licensing of Training Providers. A proposed amendment to subsections (a)(3)
and (b)(3) are amended to be consistent with definition changes and to licensing
of training providers. Subsection (d) is amended to reflect the effective
date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section, as proposed, will be in effect there will be a positive benefit
to the public by clarifying the intention of the rule.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.251 Training Programs;
Instructors.
No other code, article, or statute is affected by this proposal.
§215.1.Licensing of Training Providers.
(a)
The commission may issue credentials to three types of
training or education providers:
(1)
licensed law enforcement academy;
(2)
contractual training provider; or
(3)
a licensed academic
alternative
provider.
(b)
The commission issues these licenses or contracts for a
specified period of time:
(1)
five years for a licensed law enforcement academy;
(2)
two years for a contractual training provider;
(3)
five years for a licensed academic
alternative
provider;
or
(4)
for a shorter period as appropriate for a program found
to be at risk.
(c)
License renewal is dependent upon continued compliance
with commission rules and performance, which includes risk assessment.
(d)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506064
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.5, concerning
Contractual Training. A proposed amendment to subsection (f)(6) is changed
to reflect proposed amendments to §211.1(a)(60), and §215.9. Subsection
(f) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section, as proposed, will be in effect will be a positive benefit to
law enforcement academies, contractual training, and academies alternative
providers. Training providers are required by §215.9 to appoint a training
coordinator. Section 215.9 sets out the qualifications of a training coordinator.
This rule changes brings the language of §215.5(f)(6) in complement with §211.1(a)(60),
and §215.9.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.251 Training Programs;
Instructors.
No other code, article, or statute is affected by this proposal.
§215.5.Contractual Training.
(a) - (e)
(No change.)
(f)
If the commission determines that the needs assessment
justifies a contract, the chief administrator of the contractual training
provider must:
(1) - (5)
(No change.)
(6)
appoint and maintain the appointment of a [
(7) - (8)
(No change.)
(g)
By entering into any such contract the commission approves
specific training which will be fully credited
to each licensee
[
(1) - (3)
(No change.)
(h)
(No change.)
(i)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506065
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.7, concerning
Training Provider Advisory Boards. A proposed amendment to subsection (a)
adds the Texas Occupations Code, §1701.252 for clarification. Subsection
(b) is changed to provide reference to §1701.052 Texas Occupations Code
establishing the criteria for public members of an advisory board. Subsection
(f) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section, as proposed will be in effect there will be a positive benefit
to law enforcement academies, contractual training, and academies alternative
providers. Training providers are required by §1701.252 Texas Occupations
Code to establish training advisory boards. These advisory boards must have
one-third (1/3) of its members meet the requirements for a public member of
the commission. Current rules do not reference the section that establishes
these requirements.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.252 Program and School
Requirements; Advisory Board.
No other code, article, or statute is affected by this proposal.
§215.7.Training Provider Advisory Board.
(a)
All training providers approved by the commission must
establish and maintain an advisory board, as required by
the Texas Occupations
Code, §1701.252
[
(b)
The board may have members who are law enforcement personnel,
however, one-third of the members must be public members having the same qualifications,
found in the
Texas
Occupations Code, [
(c) - (k)
(No change.)
(l)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506066
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.11
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.11, concerning
Training Provider Evaluations. A proposed amendment to subsections (c) and
(d)(6) are for clarification on Training Provider Evaluations in order to
better delineate the intent of the rule. Subsection (e) is amended to reflect
the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by clarifying the intent of the rule.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.254 Training Provider
Evaluations.
No other code, article, or statute is affected by this proposal.
§215.11.Training Provider Evaluations.
(a)
All training providers shall be evaluated periodically
and randomly. Providers with deficiencies will be evaluated more frequently,
as determined by the commission.
(b)
All training providers shall submit a self-assessment report
each state fiscal year other types of evaluation methods, including, but not
limited to, on-site evaluations may be used.
(c)
An evaluation of the training provider will be based upon
the current evaluation method(s) used. The results of the evaluation will
be forwarded to the chief administrator, training coordinator, advisory board
chair
[
(d)
The commission uses the following information in assessing
the performance of training providers:
(1)
licensing examination results;
(2)
reports from past evaluation records;
(3)
self-assessment reports;
(4)
reports and evaluations from students, law enforcement
agencies, and citizens;
(5)
commission records;
(6)
course
[
(7)
observations by commission staff;
(8)
information used as risk assessment factors; and
(9)
any other relevant information about performance and practices.
(e)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506067
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.15, concerning
Enrollment Standards and Training Credit. A proposed amendment to this section
is to clarify the intent of the rule by correcting grammar and delineating
enrollment standards and training credit. Subsection (d) is amended to reflect
the effective date for this change.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by clarifying the intent of the rule.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.255 Enrollment Qualifications.
No other code, article, or statute is affected by this proposal.
§215.15.Enrollment Standards and Training Credit .
(a)
In order for an individual to enroll in any basic licensing
course
that
[
(1)
written documentation that the person is currently licensed
by the commission; or
(2)
if the
individual
[
(A)
is not currently charged with any criminal offense for
which conviction would be a bar to licensure;
(B)
community supervision history:
(i)
has never been on court-ordered community supervision or
probation for any criminal offense above the grade of a Class B misdemeanor
or a Class B misdemeanor within the last ten years from the date of the court
order; but
(ii)
the commission may approve the application of an individual
who received probation or court-ordered community supervision for a Class
B misdemeanor at least five (5) years prior to enrollment if an agency administrator
sufficiently demonstrates in writing with supporting documentation that mitigating
circumstances exist with the case and with the individual applying for licensure,
and that the public interest would be served by reducing the waiting period;
(C)
conviction history:
(i)
has never been convicted of an offense above the grade
of a Class B misdemeanor or a Class B misdemeanor within the last ten years;
but
(ii)
the commission may approve the application of an individual
who was convicted of a Class B misdemeanor at least five (5) years prior to
enrollment if an agency administrator sufficiently demonstrates in writing
with supporting documentation that mitigating circumstances exist with the
case and with the individual applying for licensure, and that the public interest
would be served by reducing the waiting period.
(D)
For 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:
(i)
another penal provision of Texas law; or
(ii)
a penal provision of any other state, federal, military
or foreign jurisdiction.
(E)
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 law.
(F)
has never been convicted of any family violence offense;
(G)
is not prohibited by state or federal law from operating
a motor vehicle;
(H)
is not prohibited by state or federal law from possessing
firearms or ammunition; and
(I)
is a U.S. citizen.
(b)
In order for an individual to enroll in any basic peace
officer training program
that
[
(1)
a high school diploma;
(2)
a high school equivalency certificate and
evidence
of successful completion of
[
(3)
an honorable discharge from the armed forces of the United
States after at least 24 months of active duty service;
(c)
The enrollment standards established in this section do
not preclude the academy licensee from establishing additional requirements
or standards for enrollment in law enforcement training programs.
(d)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506068
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §215.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.17, concerning
Distance Education. A proposed amendment to subsection (e) is making grammatical
changes that will provide clarification with regard to distance education.
Subsection (f) is amended to reflect the effective date for this change.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by clarifying the intent of the rule.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.251 Training Programs;
Instructors.
No other code, article, or statute is affected by this proposal.
§215.17.Distance Education.
(a)
A distance education course may be conducted either by
the commission or with the advanced approval of the commission.
(b)
Training providers desiring commission approval for a distance
education course must submit their request in accordance with the commission's
Distance Education Guidelines. The commission may charge a cost recovery fee
for reviewing these submissions.
(c)
Each course will have one or more sponsors assigned, who
shall be responsible both for the conduct of the course, and for proctoring
any examination during the course.
(d)
To receive credit for a distance education course, the
student must, without the use of deceitful means, complete each required unit,
and receives a passing grade on any examination, course work, or evaluation
required by the lesson guide or learning objectives.
(e)
The training provider should ensure that the student’s
assigned work is corrected, graded, and reviewed by qualified instructors.
Corrected assignments are returned to the student
via
[
(f)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506069
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
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 §217.7, concerning
Reporting the Appointment and Termination of a Licensee. A proposed amendment
to subsections (a), (b), and (g) are a result of amendments to the Texas Occupations
Code §1701.451. Pre-employment Request for Employment Termination Report
and Submission of Background Check Conformation Form, §1701.452. Employment
Termination Report, and §1701.4525 Request for Correction of Report;
Administrative Penalty; Hearing; Appeal. These changes require chief administrators
to request records from the Commission as part of the background check confirmation,
to include F-5 documentation. These changes also require chief administrators
of a law enforcement agency to document an explanation of circumstances on
the F-5 form. This new legislation action allows an appeal process to a licensee
who may contest the reasons for termination and/or resignation stated on the
F-5. Subsection (i) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be significant fiscal
implications to state or local governments as a result of administering the
section. Although the Texas Occupations Code, §1701.4525(b) states that
the Commission may assess administrative penalty, the Commission does not
have statutory authority to assess penalties.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will a positive benefit to
the public by requiring chief administrators to conduct thorough background
checks on applicants and to report accurately on the F-5 Employment Termination
Report.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.451 Pre-employment Request
for Employment Termination Report, and Submission of Background Check Confirmation
Form.
No other code, article, or statute is affected by this proposal.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a)
Before hiring or appointing a licensee, an agency shall
contact the commission, electronically or in writing,
to comply with
the reporting requirements of Texas Occupations Code §1701.451.
[
(b)
A commission member or other individual may not release
the contents of a report or statement submitted unless the request meets the
requirements of Subchapter J, Texas Occupations Code, Chapter 1701. The commission
is not liable for civil damages for providing information contained in a report
or statement maintained by the commission under Subchapter J if the commission
released the information as prescribed by Subchapter J.
[
(c)
An agency that appoints an individual 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.
The appointing agency must have on file documentation that the licensee is
compliant with weapons qualification according to §217.21 within the
last 12 months. 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 licensee whose license has expired,
an agency shall ensure that the individual meets the current minimum standards
for licensure.
(e)
If the appointment is made after a 180-day break in service,
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)
one completed applicant fingerprint card or, pending receipt
of such card, an original sworn, notarized affidavit by the applicant of his
or her complete criminal history; such affidavit to be maintained by the agency
while awaiting the return of completed applicant fingerprint card; and
(5)
for peace officers, weapons qualification according to §217.21
within the last 12 months.
(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 an individual licensed by the commission resigns from
appointment or employment with an agency or if an individual'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 individual resigned, [
(h)
A report or statement submitted under this section is exempt
from disclosure under the Public Information Act, Chapter 552, Government
Code, unless the individual resigned or was terminated due to substantiated
incidents of excessive force or violations of the law other than traffic offenses,
and is subject to subpoena only in a judicial proceeding.
(i)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506077
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §217.8
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes new §217.8, concerning Contesting
an Employment Termination Report. Adding new §217.8 is in accordance
with Texas Occupations Code §1701.452. This amended chapter adds new
requirements, responsibilities, and liability for chief administrators to
properly document the reason for the departure of a licensee on the F-5 form.
This section allows for an appeal process for licensees who disagree with
the reasons documented on their respective F-5.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section because
the actions described are consistent with procedures currently in place at
the Commission.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will be a positive benefit
to the public by holding law enforcement agencies responsible to by providing
good information to prospective hiring law enforcement agency administrators
of a licensee.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The new rule is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The new rule as proposed is in compliance
with Texas Occupations Code §1701.4525 Request for Correction of Report;
Administrative Penalty; Hearing; Appeal.
No other code, article, or statute is affected by this proposal.
§217.8.Contesting an Employment Termination Report.
(a)
A person who is the subject of an employment termination
report described in §217.7(g) of this subchapter is entitled to file
a petition contesting information included in the employment termination report.
The petition for correction of the report must be filed with the executive
director and a copy must be served on the law enforcement agency.
(b)
A petition described in subsection (a) of this section
must be received by the executive director not later than the 30th day after
the person receives a copy of the report, and must be accompanied by any evidence
offered by the person in support of the requested correction.
(c)
The law enforcement agency may submit rebutting evidence
not later than the 20th day after the agency receives a copy of the petition.
(d)
Upon review of the petition and any rebutting evidence
offered by the law enforcement agency, the executive director may either:
(1)
recommend that the commission order the chief administrative
officer of the law enforcement agency to correct the report; or
(2)
refer the dispute to the State Office of Administrative
Hearings.
(e)
A proceeding conducted pursuant to subsection (d)(2) of
this section is a contested case under Chapter 2001, Government Code. The
parties to the proceeding shall be the person contesting the employment termination
report, the chief administrative officer of the law enforcement agency, and
the executive director. The person contesting the employment termination report
shall have the burden of proof by a preponderance of the evidence. Following
the contested case hearing, the administrative law judge shall issue a proposal
for decision to the commission.
(f)
Any party to a proceeding described in subsection (e) of
this section may file exceptions to the administrative law judge’s proposal
for decision in accordance with §223.11(b) of this title.
(g)
A final order issued by the commission under subsection
(d)(1) of this section, or after a hearing described in subsection (e) of
this section is enforceable by the commission pursuant to Chapter 1701, Texas
Occupations Code and Chapter 2001, Government Code.
(h)
A final order issued by the commission under subsection
(d)(1) of this section, or after a hearing described in subsection (e) of
this section is appealable in accordance with Chapter 2001, Government Code.
(i)
A chief administrative officer of a law enforcement agency
who fails to comply with a final order issued by the commission under subsection
(d)(1) of this section, or after a hearing described in subsection (e) of
this section is subject to disciplinary action pursuant to Chapter 1701, Texas
Occupations Code, and Chapter 223 of this title.
(j)
The effective date of this section is June 1, 2006.
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 December 22, 2005.
TRD-200506075
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §217.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §217.9, concerning
Continuing Education Credit for Licensees. A proposed amendment to subsection
(b) is amended to include new paragraph (7) the Peace Officers System for
Education and Internet Training (POSEIT) to the list of items for which credit
may be refused if the course has been completed within the current training
unit. Additionally, subsection (b) is amended by adding new paragraph (8)
that includes any distance education course to the list of items that may
be refused credit if the item has been completed within the current training
unit. Subsection (d) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will be a positive benefit
to the public by ensuring that officers take varied training.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.351 Continuing Education
Required for Peace Officers.
No other code, article, or statute is affected by this proposal.
§217.9.Continuing Education Credit for Licensees.
(a)
A continuing education course is any training course that
is recognized by the commission, specifically:
(1)
legislatively required continuing education curricula and
learning objectives developed by the commission:
(2)
training in excess of basic licensing course requirements;
(3)
training courses consistent with assigned duties; or
(4)
training not included in a basic licensing course.
(b)
The commission may refuse credit for:
(1)
a course, which does not contain a final examination or
other skills test, if appropriate, as determined by the training provider;
(2)
annual firearms proficiency;
(3)
an out of state course not approved by that state's POST;
(4)
training that fails to meet any commission established
length and published learning objectives;
(5)
an instructor claiming credit for a basic licensing course
or more than one presentation of a non-licensing course by an instructor,
per 24 month unit of a training cycle; or
(6)
course(s) claimed by deceitful means;
(7)
courses taken two or more times
on the Peace Officer System for Education and Internet Training (POSEIT) system
within one training unit.
(8)
courses provided by the same training
provider and taken two or more times within one training unit.
(c)
The training provider or agency must report to the commission
and keep on file in a format readily accessible to the commission, a copy
of all continuing education course training reports.
(d)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506078
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §217.11
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §217.11, concerning
Legislatively Required Continuing Education for Licensees. A proposed amendment
to subsection (e)(2) adds new language and amends current language to reflect
changes in Texas Occupations Code §1701.354(d). Subsection (f) is amended
by changing the notification method to match the law. Subsections (g) and
(h) are amended and will add new language due to amended legislation of the
Texas Occupations Code, §1701.353(b), which requires the Commission to
seek disciplinary action rather than expiration of license. Subsections (j)
and (k) are deleted because they have expired. Subsection (l) is added here
and was removed from §217.17. Subsection (m) is amended to reflect the
effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be some fiscal implications
as a result of administering the section. The Commission will be charged with
conducting additional administrative hearings as a result of this amendment.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will be a positive benefit
to the public by changing the wording to read as it is stated in the law.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 U.S. 290 East, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §§1701.251 Training Programs;
Instructors, 1701.352 Continuing Education Programs, 1701.353(B) Continuing
Education Procedures, and 1701.354 Continuing Education for Constables and
Deputy Constables.
No other code, article, or statute is affected by this proposal.
§217.11.Legislatively Required Continuing Education for Licensees.
(a)
Each agency that appoints or employs peace officers, reserve
law enforcement officers, jailers, or public security officers shall provide
each peace officer, reserve law enforcement officer, jailer, or public security
officer it appoints or employs a continuing education program at least once
every 24 month unit of a training cycle.
(b)
The legislatively required continuing education program
for individuals licensed as peace officers shall consist of 40 hours of training
every 24 month unit of a training cycle. This rule does not limit the number
of hours of continuing education an agency may provide to each peace officer,
reserve law enforcement officer, jailer, or public security officer it appoints
or employs.
(c)
Part of the legislatively required peace officer training
must include the curricula and learning objectives developed by the commission,
to include:
(1)
civil rights, racial sensitivity, and cultural diversity
during each current training cycle;
(2)
the recognition and documentation of cases that involve
child abuse or neglect, family violence, sexual assault, issues concerning
sex offender characteristics during each current training cycle. If an agency
chief administrator determines these subjects to be inconsistent with the
peace officer's assigned duties, the chief administrator may substitute other
training determined to be consistent with the officer's assigned duties and
report the substitution to the commission; and
(3)
supervision issues for each peace officer appointed to
their first supervisory position, this training must be completed within 24
months following the date of appointment as a supervisor.
(d)
Individuals licensed as reserve law enforcement officers,
jailers, or public security officers shall meet the requirements in subsection
(c)(1) of this section.
(e)
Each constable and deputy constable shall also complete
a 20 hour course of training in civil process during each current training
cycle. The commission may waive the requirement for civil process training
if
:
[
(1)
for a deputy constable, if
a constable requests a waiver for the deputy constable based on a representation
that the deputy constable's duty assignment does not involve civil process
responsibilities; or
(2)
the deputy constable submits
a written request for a waiver because of hardship and the commission determines
that a hardship exists.
(f)
The commission shall provide
adequate
notice
to agencies and licensees of impending non-compliance with the legislatively
required continuing education. [
(g)
The chief administrator of
an agency that has licensees who are in non-compliance shall, within 30 days
of receipt of notice of non-compliance, submit a report to the commission
explaining the reasons for such non-compliance.
(h)
[
(i)
[
(j)
[
[
[
(k)
[
(l)
Licensees who have met the
current legislatively required continuing education will have their license(s)
automatically renewed on the last day of the training unit.
(m)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506079
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §217.17
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Law Enforcement Officer Standards and Education or
in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The Texas Commission on Law Enforcement Officer
Standards and Education (Commission) proposes the repeal of §217.17,
concerning License Renewal. This section is deleted due to change in law.
During the 79th Legislature, Regular Session, House Bill 1438 amended Section
1701.353(b) and charges the Commission to request a report from an employing
agency of a licensee who is non-compliant with continuing education requirements.
This amendment also requires the Commission to contact licensee by certified
mail if records indicate that they are in noncompliance. This change grants
a licensee a 60-day extension to obtain the required training or request an
administrative hearing if the licensee claims that mitigating circumstances
exist or if the licensee’s employing agency did not provide the opportunity
to attend required training course. This change eliminates this section and
expiration of license.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be some fiscal implications
as a result of administering the section. The Commission will be charged with
conducting additional administrative hearings as a result of the proposed
section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will be a positive benefit
to the public by changing the wording to read as it is stated in the law.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The repeal is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The repeal as proposed is in compliance
with Texas Occupations Code §1701.353 Continuing Education Procedures.
No other code, article, or statute is affected by this proposal.
§217.17.Active License Renewal.
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 December 22, 2005.
TRD-200506076
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §217.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §217.19, concerning
Reactivation of a License. A proposed amendment to subsection (a) is to clean
up language used to reactivate a license. Subsections (b) and (c) are deleted
because they do not belong in this section as these individuals have never
held a license. Subsections (d) - (h) are changed to keep alphabetical order.
Subsection (f) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be no fiscal implications
as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed would be in effect there will be a positive benefit
to the public by changing the wording to clarify the rule.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.316 Reactivation of Peace
Officer License.
No other code, article, or statute is affected by this proposal.
§217.19.Reactivation of a License.
(a)
The commission will place all licenses in an inactive status
when the licensee has
not
[
[
[
[
[
[
(b)
[
(c)
[
(d)
[
(e)
[
(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
unit
[
(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)
meet the requirements of §217.3
of this chapter
; and
(6)
pass the licensing examination for the license to be reactivated.
After three failures, or if the endorsement expires, the individual must re-qualify
by repeating the entire training course for the license sought.
(f)
[
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 December 22, 2005.
TRD-200506080
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §219.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §219.1, concerning
Eligibility to Take State Examinations. Proposed amendments to subsection
(b)(2) is to clarify out of state officers that must meet our definition of
peace officer. Subsection (b)(3) was added to include exam results that are
over two years old and never appointed. Amendments to subsections (i) and
(j) are for clarification. Subsection (k) is amended to reflect the effective
date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will a positive benefit to
the public by better identifying which individuals may apply to test.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.304 Examination.
No other code, article, or statute is affected by this proposal.
§219.1.Eligibility to Take State Examinations.
(a)
To be eligible to take a state licensing examination, a
student must have a valid endorsement.
(b)
A valid endorsement is based on:
(1)
a previously completed basic licensing course
,
[
(2)
out of state training
, licensing, or certification
as a peace officer; or
[
(3)
an expired examination result; over two
years old.
(c)
A valid endorsement shall:
(1)
be in the approved commission format;
(2)
be a completed original document bearing all required signatures,
(3)
state that the examinee has met the current minimum training
standards appropriate to the license sought; and
(4)
include a date of issue and an expiration date.
(d)
For an endorsement to be or remain valid:
(1)
it must not be issued in error or based on false or incorrect
information; specifically, the applicant must meet the current enrollment
standards; or if previously licensed, have met the enrollment standards at
initial licensure; and
(2)
it must be presented before its expiration date.
(e)
An endorsement to take an examination is issued by a training
coordinator, the registrar of a licensed academic alternative provider, the
executive director of the commission, or a person authorized by the executive
director. Duplicate endorsements may only be issued by the executive director
of the commission.
(f)
In order to issue the endorsement [
(1)
written documentation that the person to whom it is issued
was previously licensed by the commission, or
(2)
if the person is not currently licensed by the commission,
written documentation that the applicant meets the current enrollment standards.
(g)
In order to receive an endorsement from the commission,
individuals must meet all current requirements, to include submitting any
required application currently prescribed by the commission, requested documentation,
and any required fee.
(h)
An examination may not be taken by an individual who already
holds an active license or certificate to be awarded upon passing that examination.
(i)
Once an initial endorsement is issued, an examinee will
be allowed three opportunities to pass the examination while the examinee’s
endorsement remains valid. After three failures or expiration of the endorsement,
the examinee must re-qualify by repeating the entire training course for the
license sought. If an attempt is invalidated for any reason, except for a
commission error, that attempt will count as one of the three opportunities.
(j)
Once an initial endorsement from an academic alternative
provider expires
after three failures or expiration of the endorsement
[
(k)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506070
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §219.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §219.5, concerning
Examinee Requirements. A proposed amendment to subsection (a)(2) requires
a federal or state issued photo ID to take a licensing exam. Subsection (c)
is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by insuring the person taking the test has a valid ID.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.304 Examination.
No other code, article, or statute is affected by this proposal.
§219.5.Examinee Requirements.
(a)
To be eligible to sit for an examination, an examinee must:
(1)
possess and display at the examination site a valid endorsement
for the specific type of examination sought;
(2)
Bring to the examination site and display upon request
[
(3)
Report on time;
(4)
Not disrupt the examination;
(5)
Comply with all the written and verbal instructions of
the proctor; and
(6)
Shall not:
(A)
bring into the examination room any books, notes, or other
written material related to the content of the examination;
(B)
refer to, use, or possess any such written material in
the examination room;
(C)
bring into the examination room any cellular phones, pagers,
or other such electronic devices;
(D)
give or receive answers or communicate in any manner with
another examinee during the examination;
(E)
communicate any of the content of an examination to another
at any time;
(F)
steal, copy, or in any way reproduce any part of the examination;
(G)
engage in any deceptive or fraudulent act to gain admission;
(H)
engage in any deceptive or fraudulent act during or after
an examination; or
(I)
solicit, encourage, direct, assist or aid another person
to violate any provision of this section or to compromise the integrity of
the examination.
(b)
The commission may deny or revoke any license or certificate
held by a person who violates any of the provision of this section. The commission
shall file a criminal complaint against any individual who steals or attempts
to steal any portion of the examination, or who engages in any fraudulent
act relating to the examination process.
(c)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506071
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
37 TAC §221.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §221.9, concerning
Standardized Field Sobriety Testing Proficiency (SFST). A proposed amendment
to subsection (a) is amended by changing the proficiency certificate to a
practitioner certificate and removes the 35-test case requirement, which is
not part of the National Highway Transportation Safety Administration (NHTSA)
curriculum. These changes meet or exceed the minimum standards established
by the Commission. Subsection (b) is amended to reflect the effective date
for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will be a positive benefit
to the public by allowing individuals that complete that NHTSA SFST practitioner
curriculum training that meets or exceeds the minimum standards established
by the Commission, to receive this proficiency certificate. This would also
allow the Commission to comply with verbiage set out in Emerson v. State.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Frank Woodall, Acting Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter. The rule amendment as proposed is
in compliance with Texas Occupations Code §1701.402 Proficiency Certificates.
No other code, article, or statute is affected by this proposal.
§221.9.Standardized Field Sobriety Testing Practitioner [
(a)
To qualify for a standardized field sobriety testing
practitioner
[
(b)
The effective date of this section is
June 1, 2006
[
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 December 22, 2005.
TRD-200506072
Frank Woodall
Acting Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 1, 2006
For further information, please call: (512) 936-7700
(d)
] The effective date of this
section is
June 1, 2006
[
March 1, 2002
].
An
] agency
appoints
[
shall notify the commission of appointment of
] any licensee
to a position requiring a commission license
it shall complete the reporting
requirements of Texas Occupations Code §1701.451.
Such notification shall include the reason for resignation
or termination.
]
(g)
] Line of duty deaths shall be
reported to the commission in current peace officers’ memorial reporting
formats.
(h)
] The effective date of this
section is
June 1, 2006
[
March 1, 2001
].
which
] establishes its responsibilities to institute
a continuity of care program for offenders who are mentally impaired, elderly,
physically disabled, terminally ill or significantly ill, as also adopted
by the
Texas Correctional Office on Offenders with Mental and Medical
Impairments
[
Texas Council on Offenders with Mental Impairments
] and the Texas Commission on Jail Standards. Copies of the memorandum
of understanding may be obtained from the commission.
March 1, 2001
].
Chapter 215.
TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
June 1, 2004
].
qualified
] training coordinator;
by the commission to each student licensee as continuing education training
or to the agency as continuing education training provided by that agency
], unless:
June 1, 2004
].
law
]. To be established, this board
must have at least three members who are appointed by the sponsoring organization.
To be maintained, the active, appointed membership of the board must not fall
below a quorum for more than 30 days.
Chapter
]
§1701.052
[
1701.252
], as any commissioner who is required
by law to be a member of the general public. The chief administrator or head
of the sponsoring organization and the designated training coordinator may
only be ex-officio, non-voting members.
June 1, 2004
].
members
] and other appropriate persons associated
with the training provider.
academy
] records;
March 1, 2001
].
which
] provides instruction in defensive
tactics, arrest procedures, firearms, or use of a motor vehicle for law enforcement
purposes, the academy must have on file:
person
] is not
licensed by the commission, documentation that the individual has been subjected
to a search of local, state and national records to disclose any criminal
record;
which
] provides instruction
in defensive tactics, arrest procedures, firearms, or use of a motor vehicle
for law enforcement purposes, the academy must have on file:
has completed
] at least 12 hours
from
[
at
] an institution of higher education with at least
a 2.0 grade point average on a 4.0 scale; or
June 1, 2004
].
,
]
an exchange
that
[
which
] provides a personalized student-teacher
relationship.
March 1, 2002
].
Chapter 217.
LICENSING REQUIREMENTS
to determine whether the commission has employment history records on that
individual. If employment history records exist, then the agency shall contact
the previous employing agency(ies) in writing to request employment information.
]
In order
to receive information and/or a copy of the termination form from employment
history records regarding the reasons for resignation or termination, 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 individual
who is the subject of the report.
]
or
] was terminated,
or other and one of the following designations: retired, honorably discharged,
dishonorably discharged, generally discharged, killed in the line of duty,
died, or disabled.
The agency shall provide the individual who is the
subject of the report a copy of the report. The individual may submit a
petition
[
written statement
] to the commission to contest
the information included
[
or explain any matters contained
]
in the report
not later than the 30th day after they receive a copy of
the report. They must also submit a copy of the petition to the law enforcement
agency
.
June 1, 2004
].
June 1, 2004
].
the constable submits a written request for a waiver,
because of hardship and
] the commission determines that a hardship exists.
Such notice will be provided not later
than six months prior to the expiration of the current training cycle.
]
(g)
] The commission may suspend
or deny renewal of a license for failure to complete the legislatively required
continuing education program at least once every training
unit
[
cycle
].
(h)
] The commission may take action
against a licensee for failure to complete the required training in either
or both of the 24 month units within a training cycle.
(i)
] Individuals licensed as peace
officers shall complete the legislatively required continuing education program
required under this section beginning in the first complete 24 month unit
immediately following the date of licensing.
(j)
Individuals licensed as peace
officers shall attend a course, developed by the commission, on asset forfeiture
no later than September 1, 2002.]
(k)
Individuals licensed as peace
officers shall attend a course, developed by the commission, on racial profiling
no later than September 1, 2003.]
(l)
] All peace officers must meet
all continuing education requirements except where exempt by law.
March 1, 2002
].
neither
] been reported to
the commission as appointed for more than two years
unless the licensee
has met and continues to meet the continuing education required by §217.11
of this chapter.
[
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 (g) before they
may be appointed.]
(c)
Individuals with basic licensure
examination results over two years old must meet the requirements of (g) before
they may be appointed.]
(d)
] The holder of an inactive license
is unlicensed for purposes of these sections and the
Texas
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:
cycle
];
(h)
] The effective date of this section is
June 1, 2006
[
June 1, 2004
].
Chapter 219.
PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS
; or
]
.
]
of eligibility
], the person issuing such an endorsement, other than a commission employee,
must have on file for the person to whom it is issued, written documentation
of successful completion of the basic licensing course for the license sought;
and
from either date or failure,
] individuals will be required
to re-qualify by completing the standard coursework for the license sought.
June 1, 2004
].
some
] identification
issued by the state or federal government
with the examinee’s
[
card which contains a
] photograph;
June 1, 2004
].
Chapter 221.
PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES Proficiency ] (SFST).
proficiency
] certificate, an applicant must
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
an
[
the
] approved training provider.
March 1, 2001
].