Proposed 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) proposes an amendment to Title 37, Texas Administrative Code, §217.1, concerning the Minimum Standards for Initial Licensure. Subsections (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 a 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 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 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, 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 proposed will be in effect there will be no additional cost to individuals required to comply with the rules as proposed.

Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, 6330 U.S. 290 East, Suite 200, Austin, TX 78723.

This section is proposed 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 proposed is in compliance with Texas Occupations Code, Chapter 1701.306 Psychological and Physical Examination

No other code, article, or statute is affected by this proposal.

§217.1.Minimum Standards for Initial Licensure.

(a) The commission shall issue a peace officer, jailer, temporary jailer, or public security officer license to an applicant who meets the following standards:

(1) - (10) (No change.)

(11) has been examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be declared in writing by that professional within 180 days before the date of appointment by the agency to be:

(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought; [~~and~~]

(B) show no trace of drug dependency or illegal drug use after a physical examination, blood test, or other medical test; and

(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory medical exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;

(12) has been examined by a psychologist, selected by the appointing or employing agency, who is licensed by the Texas State Board of Examiners of Psychologists. The psychologist must be familiar with the duties appropriate to the type of license sought and appointment to be made. This examination may also be conducted by a psychiatrist. The appointee must be declared in writing by that professional to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought within 180 days before the date of appointment by the agency. The examination must be conducted pursuant to professionally recognized standards and methods:

(A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; [ ~~and~~]

(B) the examination may be conducted by a qualified psychologist exempt from licensure by the Psychologist Certification and Licensing Act, Section 22, who is recognized under exceptional circumstances; and

(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;

(13) - (18) (No change.)

(b) - (m) (No change.)

(o) The effective date of this section is September 1,2007. [~~June 1, 2007.~~]

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 March 15, 2007.

TRD-200701034

Timothy A. Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Earliest possible date of adoption: April 29, 2007

For further information, please call: (512) 936-7760

Chapter 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES

37 TAC §221.9

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes an amendment to Title 37, Texas Administrative Code by amending §221.9, concerning Standardized Field Sobriety Testing Practitioner (SFST). Subsections (a) and (b) are amended adding additional proficiency certificate requirements recommended in part by the National Highway Transportation Safety Administration (NHTSA) assessment of the Texas SFST Program. These changes meet or exceed the minimum standards established by the Commission. Subsection (c) is added 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 to state or local governments as a result of administering the 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 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 proposed will be in effect there will be a cost to individuals for the proficiency certificate application fee.

The amendment is proposed 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 proposed is in compliance with Texas Occupations Code, Chapter 1701, §1701.401, Proficiency Certificates.

No other code, article, or statute is affected by this proposal.

§221.9.Standardized Field Sobriety Testing Practitioner (SFST).

(a) To qualify for a standardized field sobriety testing practitioner certificate, an applicant must meet all proficiency requirements including:

(1) successful completion of the current National Highway Traffic Safety Administration (NHTSA) approved SFST Practitioner Course as reported by an approved training provider,[.]

(2) currently appointed as a peace officer,

(3) two years of experience administering SFST,

(4) completion of SFST Practitioner Course, SFST Practitioner Update, DRE Update, SFST instructor, or DRE instructor within past 24 months,

(5) demonstrated proficiency in administration of SFST before a certified S.F.S.T. Instructor or NHTSA representative, and

(6) submission of completed application, in the format currently prescribed by the commission, and any required fee.

(b) A SFST practitioner certificate will be valid for two (2) years from date of issue. After that time period, the applicant must re-qualify.