TITLE 37.PUBLIC SAFETY AND CORRECTIONS

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

Chapter 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS

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 (c) is changed to allow the chief administrator to appoint the advisory board chairman. Subsection (l) 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 adopted 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 §215.3(b)(6), §215.5(f)(1), and §215.6(c)(1) to appoint an advisory board. This rule change would give the training provider chief administrator the authority to appoint the chairman of the advisory board.

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 anticipated economic cost to individuals as a result of the proposed section.

Comments may be submitted in writing to Mr. Timothy A. Braaten, 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 amendment as proposed is in compliance with Texas Occupations Code §1701.225 Program and School Requirements; Advisory Board.

No other codes, articles, or statutes are affected by this proposed amendment.

§215.7.Training Provider Advisory Board.

(a) - (b) (No change.)

(c) The chief administrator or head or the sponsoring organization may appoint a chairman or the board may [ must ] elect a chairman . The board [ and ] may elect other officers and set its own rules of procedure. A quorum must be present in order to conduct business.

(d) - (k) (No change.)

(l) The effective date of this section is December 1, 2006 [ 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 June 7, 2006.

TRD-200603090

Timothy A. Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Earliest possible date of adoption: July 23, 2006

For further information, please call: (512) 936-7717


Chapter 217. LICENSING REQUIREMENTS

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. Subsection (e)(1) and (2) are amended to reflect changes due to amended legislation that would not require a deputy constable to take a 20-hour training on civil process, if the deputy constable does not perform civil process duties. Subsection (f) is amended by changing the notification method to match the law. Subsections (g) and (h) are amended and add new language due to amended legislation of §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 (m) is amended to reflect the effective date for these changes.

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 adopted 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 each year of the first five years 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. Timothy A. Braaten, 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 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 codes, articles, or statutes are affected by this proposed amendment.

§217.11.Legislatively Required Continuing Education for Licensees.

(a) - (d) (No change.)

(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) the 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 constable or deputy constable requests [ 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. [ Such notice will be provided not later than six months prior to the expiration of the current training cycle. ]

(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) [ (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 ].

(i) [ (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.

(j) [ (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.]

(k) [ (l) ] All peace officers must meet all continuing education requirements except where exempt by law.

(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 cycle unit.

(m) The effective date of this section is December 1, 2006 [ March 1, 2002 ].

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 June 7, 2006.

TRD-200603091

Timothy A. Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Earliest possible date of adoption: July 23, 2006

For further information, please call: (512) 936-7717