Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

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

Chapter 217. LICENSING REQUIREMENTS

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 March 30, 2007, issue of the Texas Register (32 TexReg 1842) and will not be republished.

Adopted amendments to subsection (a)(11)(C) and (a)(13)(C) are added to allow appointees more than 180 days while attending a law enforcement academy that exceeds the 180-day requirement for medical and psychological evaluations. Subsection (o) is added to reflect effective date of change.

The Commission has determined that, for each year of the first five years the section as adopted 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 adopted will be in effect, there will be no anticipated economic cost to large, small, or micro businesses as a result of the adopted 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, agencies, and appointees who invest monies for these examinations for the examinations.

The Commission has determined that, for each year of the first five years the section as adopted will be in effect, there will be no additional cost to individuals required to comply with the rules as adopted.

No comments were received.

This section is adopted for amendment under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of Commission; Rulemaking Authority, which authorizes the Commission to promulgate rules for administration of this chapter.

The rule amendment as adopted is in compliance with Texas Occupations Code, Chapter 1701.306, Psychological and Physical 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 June 19, 2007.

TRD-200702525

Timothy A. Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: July 9, 2007

Proposal publication date: March 30, 2007

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

Chapter 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES

37 TAC §221.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to Title 37, Texas Administrative Code, by amending §221.9, Standardized Field Sobriety Testing Practitioner (SFST). This adoption is without changes to the proposed text as published in the March 30, 2007, issue of the Texas Register (32 TexReg 1843) and will not be republished.

Adopted amendments to subsections (a) and (b) are added for additional proficiency certificate requirements recommended in part by the National Highway Transportation Safety Administration (NHTSA) assessment of the Texas SFST Program. These adopted changes meet or exceed the minimum standards established by the Commission. Subsection (c) is added to reflect the effective date for these adopted changes.

The Commission has determined that, for each year of the first five years the section as adopted will be in effect, there will be no anticipated economic cost to large, small, or micro businesses as a result of the adopted 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 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 years the section as adopted will be in effect, there will be cost to individuals for the proficiency certificate application fee.