Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 211.
ADMINISTRATION
37 TAC §211.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code §211.1, Definitions. This adoption is without changes to the proposed
text as published in the January 27, 2006, issue of the
Texas Register
(31 TexReg 459) and will not be republished.
Adopted amendments to §211.1, Definitions were made by amending the
definitions of: academic program, accredited college or university, basic
licensing course, firearms, field training program, high school diploma, patrol
rifle, rifle, Texas peace officer, training coordinator and training hours
for clarification. The following definitions were added for clarification:
expiration of license, honorable discharge, precision rifle and resigned/terminated.
Subsection (b) is amended to reflect the effective date for these changes.
Comments were received from a Dickens County Correctional Center training
director regarding the definition of (a)(44) patrol rifle and (a)(48) precision
rifle in which both definitions appear to describe the same thing. Optical
enhancing sighting in (a)(44) is synonymous with the term magnified sights
in (a)(48). He commented that the differences between a patrol rifle and precision
rifle are the intended purposes for which a particular rifle is to be used
and the intensity of the training the individual officer who is to utilize
the weapon will undergo. He further added a rifle is only as precise as the
individual shooter is capable of making it with the same degree of skill,
care and caution. He also in agreement that the definition "rifle" was deleted.
No changes were made to the rule as a result of the comments.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.001,
Definitions.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601605
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 27, 2006
For further information, please call: (512) 936-7717
37 TAC §211.27
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code §211.27, Reporting Responsibilities of Individuals. This adoption
is without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 84)
and will not be republished.
Adopted amendments to §211.27, Reporting Responsibilities of Individuals
were made by amending subsection (d) to add language that would require a
licensee to report a home of record address or address change to the Commission.
Subsection (e) is added to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.202,
Complaints.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601606
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §211.29
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §211.29, Responsibilities of Agency Chief Administrators.
This adoption is without changes to the proposed text as published in the
January 6, 2006, issue of the
Texas Register
(31
TexReg 85) and will not be republished.
Adopted 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.
No comments were received.
This section is adopted for amendment 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 adopted 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 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 March 14, 2006.
TRD-200601607
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §211.31
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §211.31, Memorandum of Understanding on Continuity of
Care. This adoption is without changes to the proposed text as published in
the January 6, 2006, issue of the
Texas Register
(31 TexReg 86) and will not be republished.
Adopted amendment §211.31, Memorandum of Understanding on Continuity
of Care were made 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.
No comments were received.
This section is adopted for amendment 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 adopted 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 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 March 14, 2006.
TRD-200601608
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.1, Licensing of
Training Providers. The amendment is adopted without changes to the proposed
text as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 86) and will not be republished.
The adopted amendment to §215.1, Licensing of Training Providers,
changed subsections (a)(3) and (b)(3) to be consistent with definition changes
and to licensing of training providers. Subsection (d) is amended to reflect
the effective date for these changes.
No comments were received regarding the amendment.
The amendment is adopted 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 adopted is in compliance with Texas Occupations Code §1701.251,
Training Programs; Instructors.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601609
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.5, Contractual
Training. The amendment is adopted without changes to the proposed text as
published in the January 6, 2006, issue of the
Texas
Register
(31 TexReg 87) and will not be republished.
The adopted amendment to §215.5, Contractual Training, changed subsection
(f)(6) to reflect adopted amendments to §211.1(a)(60) and §215.9.
Subsection (i) is amended to reflect the effective date for these changes.
No comments were received regarding the amendment.
The amendment is adopted 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 adopted is in compliance with Texas Occupations Code §1701.251,
Training Programs; Instructors.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601610
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.7, Training Provider
Advisory Board. The amendment is adopted without changes to the proposed text
as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 87) and will not be republished.
The adopted amendment to §215.7, Training Provider Advisory Board,
changed subsection (a) to add the Texas Occupations Code, §1701.252 for
clarification. The amendment to subsection (b) is made to provide reference
to §1701.052, Texas Occupations Code establishing the criteria for public
members of an advisory board. Subsection (l) is amended to reflect the effective
date for these changes.
One comment was received from the Chief of Police, Tyler Police Department,
who requested that §215.7(c) add the language "or appointed by the agency
head." He feels that as an administrator and agency head he should be able
appoint or have a say in who the chairman is. He compares this to the Governor
who appoints the Presiding Officer for the Commission. The board sets its
own rules of procedure. No changes were made to the rule as a result of the
comment.
The amendment is adopted 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 adopted 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 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 March 14, 2006.
TRD-200601611
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.11
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.11, Training Provider
Evaluations. The amendment is adopted without changes to the proposed text
as published in the January 6, 2006, issue of the
Texas Register
(31 TexReg 88) and will not be republished.
The adopted amendment to §215.11, Training Provider Evaluations, changed
subsections (c) and (d)(6) 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.
No comments were received regarding the amendment.
The amendment is adopted 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 adopted is in compliance with Texas Occupations Code §1701.254,
Training Provider Evaluations.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601612
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.15, Enrollment
Standards and Training Credit. The amendment is adopted without changes to
the proposed text as published in the January 6, 2006, issue of the
The adopted amendment to §215.15, Enrollment Standards and Training
Credit, was made 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 these changes.
No comments were received regarding the amendment.
The amendment is adopted 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 adopted is in compliance with Texas Occupations Code §1701.255,
Enrollment Qualifications.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601613
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §215.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to §215.17, Distance Education.
The amendment is adopted without changes to the proposed text as published
in the January 6, 2006, issue of the
Texas Register
(31 TexReg 90) and will not be republished.
The adopted amendment to §215.17, Distance Education, were made to
subsection (e) to make grammatical changes that will provide clarification
with regard to distance education. Subsection (f) is amended to reflect the
effective date for this change.
No comments were received regarding the amendment.
The amendment is adopted 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 adopted is in compliance with Texas Occupations Code §1701.251,
Training Programs; Instructors.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601614
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §217.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code §217.1, Minimum Standards for Initial Licensure. This adoption is
without changes to the proposed text as published in the January 27, 2006,
issue of the
Texas Register
(31 TexReg 461)
and will not be republished.
Adopted amendments to §217.1, Minimum Standards for Initial Licensure,
were made to subsection (a)(11) to correct name of Texas Medical Board from
Texas State Board of Medical Examiners. An amendment to subsection (g)(4).
Subsection (o) is amended to reflect the effective date for these changes.
Comments were received from a captain of the administration division, Missouri
City Police Department who suggested that the word "have" be removed §217.1(a)(4)(A).
Another comment was received from a facility training director, Dickens County
Correctional Center, who suggest a change to §217.1(a)(4) and (a)(6)
to read as "has never been" instead of (a)(4) "has not ever have been" and
(a)(6) "has not ever been". No changes were made to the rule as a result of
the comments; however, the Commission will take this comment into consideration
at the next comprehensive review.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.304,
Examination.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601615
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 27, 2006
For further information, please call: (512) 936-7717
37 TAC §217.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §217.7, Reporting the Appointment and Termination of
a Licensee. This adoption is without changes to the proposed text as published
in the January 6, 2006, issue of the
Texas Register
(31 TexReg 91) and will not be republished.
Adopted amendments to §217.7, Reporting the Appointment and Termination
of a Licensee, were made to subsections (a), (b), and (g) of this section
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.
Comments were received from a captain of the administration division, Missouri
City Police Department, who suggest that the wording in §217.7(d) be
changed or deleted entirety. The current wording suggests a licensee with
an expired license can be appointed as long as the individual meets the current
minimum standards for licensure. An individual would have to attain compliance
and have the license reinstated to be appointed with an agency. Another comment
was received from a facility training director, Dickens County Correctional
Center, who feels that §217.7(g) language is confusion and should be
changed. He also suggests a change in wording for proper grammatical use of
a pronoun and its antecedent in agreement for number, gender and person. No
changes were made to the rule as a result of the comments.
This section is adopted for amendment 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 adopted 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 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 March 14, 2006.
TRD-200601618
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §217.8
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by adding new §217.8, Contesting an Employment Termination Report.
This adoption is without changes to the proposed text as published in the
January 6, 2006, issue of the
Texas Register
(31
TexReg 92) and will not be republished.
Adopted new §217.8, Contesting an Employment Termination Report was
added in accordance with Texas Occupations Code §1701.452. This new section
adds 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.
Comments were received by the general counsel for the Texas Department
of Public Safety (Texas DPS) who does not agree that the process coincides
with the mandate found in the Texas Occupations Code §1701.4525. The
rule allows a matter to be heard by the State Office of Administrative Hearings
(SOAH) via a referral from the executive director even if neither the person
contesting the report nor the reporting agency has asked for a hearing. The
statute does not appear to give the executive director authority to refer
a dispute directly to SOAH. It appears that the statute requires the Commission
to issue a ruling, either an order to correct the report or a notice of refusal
to order a correction. The statute indicates that it is then that the law
enforcement agency or the person requesting the correction can choose to have
the matter heard before SOAH. Also since there may be situations where the
parties are satisfied with the Commission's ruling, a contested case hearing
would not be necessary. The general counsel for Texas DPS believes that determination
of the parties at hearing would then depend upon that initial ruling, as opposed
to a referral to SOAH without ruling and causing three parties to appear.
The Texas DPS general counsel envisions two-party hearings involving the Commission
vs. the reporting agency and/or the Commission vs. the person contesting the
report. In §217.8(e) the Texas DPS general counsel does not believe that
the person contesting the report will always be a party to a contested case
before SOAH and so could not always have the burden of proof. In the event
that the Commission refuses to order a correction, subsection (e) would be
appropriate. However, in a situation where the Commission has ordered a correction
and the agency requests a hearing before SOAH, the burden of proof should
be placed upon the Commission to show why a change from the agency's initial
action is necessary. This new rule creates no deadline for requesting a contested
case hearing after an order or refusal is issued by the Commission. In the
interest of closure for all parties involved, a deadline should be included.
Although not addressed in the rule it is assumed that the Commission would
provide agencies with a copy of the Commission's ruling and a notice of hearing.
It is also assumed that the Commission will handle all docketing of cases
with SOAH. No changes were made to the rule as a result of the comments.
This 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.
The rule as adopted 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 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 March 14, 2006.
TRD-200601619
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §217.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §217.9, Continuing Education Credit for Licensees. This
adoption is with changes to the proposed text as published in the January
6, 2006, issue of the
Texas Register
(31 TexReg
93).
A change to §217.9(a)(8) was filed incorrectly as "taken two or more
times" when it should have read "taken more than two times" within one training
unit. This change is non-substantial.
Adopted amendments to §217.9, Continuing Education Credit for Licensees,
were made 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.
No comments were received.
This section is adopted for amendment 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 adopted 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 adoption.
§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
more than two 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 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 March 14, 2006.
TRD-200601620
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §217.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by repealing §217.17, Active License Renewal. This adoption is without
changes to the proposed text as published in the January 6, 2006, issue of
the
Texas Register
(31 TexReg 95) and will
not be republished.
The repeal of §217.17, Active License Renewal is adopted due to changes
in law. During the 79th Legislature, Regular Session, House Bill 1438 amended §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 non-compliance. 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.
No comments were received.
The repeal is adopted 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 adopted is in compliance with Texas Occupations Code §1701.353,
Continuing Education Procedures.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601627
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §217.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §217.19, Reactivation of a License. This adoption is
without changes to the proposed text as published in the January 6, 2006,
issue of the
Texas Register
(31 TexReg 95)
and will not be republished.
Adopted amendments to §217.19, Reactivation of a License, were made
to subsection (a) 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 change to
keep alphabetical order. Subsection (f) is amended to reflect the effective
date for these changes.
Comments were received from a captain of the administration division, Missouri
City Police Department, who suggest that a change to §217.19(e)(5). A
reading to §217.3 reveals substantive and pertinent subsections refer
to agency responsibilities, not an individual responsibility. Only sections
(c) and (g) do not refer to an agency responsibility, referring instead to
the accepted application format and effective date of this section. No changes
were made to the rule as a result of the comments.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.316,
Reactivation of Peace Officer License.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601628
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §219.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §219.1, Eligibility to Take State Examinations. This
adoption is without changes to the proposed text as published in the January
6, 2006, issue of the
Texas Register
(31 TexReg
96) and will not be republished.
Adopted amendments to §219.1, Eligibility to Take State Examinations,
were made to subsection (b)(2) to clarify out of state officers that must
meet our definition of peace officer. Subsection (3) was added to include
exam results that are over two years old and never appointed. Amendments to
subsection (i) and (j) is for clarification. Subsection (k) is amended to
reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.304,
Examination.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601635
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 936-7717
37 TAC §219.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code by amending §219.5, Examinee Requirements. This adoption is without
changes to the proposed text as published in the January 6, 2006, issue of
the
Texas Register
(31 TexReg 97) and will
not be republished.
Adopted amendments to §219.5, Examinee Requirements, were made 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.
No comments were received.
This section is adopted for amendment 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 adopted is in compliance with Texas Occupations Code §1701.304,
Examination.
No other code, article, or statute is affected 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 March 14, 2006.
TRD-200601636
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 963-7717
Chapter 215.
TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
Chapter 217.
LICENSING REQUIREMENTS
Chapter 219.
PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS
Chapter 221.
PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES