TITLE 37. PUBLIC SAFETY AND CORRECTIONS

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 §211.1, concerning Definitions, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7008), and will not be republished.

The amendments are to the definitions of "active," "background investigation," "basic licensing course," "chief administrator," "contract jail," "endorsement," "experience," "hearings examiner," "jailer," "license," "reserve," "successful completion," and "training hours." The definitions were amended for clarification. Subsection (b) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.151, General Powers of Commission; Rulemaking Authority.

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 December 21, 2007.

TRD-200706577

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §211.19, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7011), and will not be republished.

Section 211.19(d)(1) is amended to require law enforcement agencies to keep on file signed and dated printouts of applications and forms submitted via TCLEDDS, and in a format readily accessible to the commission. Subsection (g) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §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 December 21, 2007.

TRD-200706578

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.23

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §211.23, concerning Date of Licensing or Certification, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7012), and will not be republished.

Section 211.23 is amended by striking "or certification" from the title. The amendments to subsections (a) and (b) have been made to clarify the rule stating the date of a licensee's official license date through the Commission. Subsection (d) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.151, General Powers of Commission; Rulemaking Authority, §1701.301, License Required, §1701.302, Certain Elected Law Enforcement Officers; License Required, §1701.303, License Application; Duties of Appointing Entity, and §1701.307, Issuance of 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 December 21, 2007.

TRD-200706579

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.25

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §211.25, concerning Date of Appointment, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7012), and will not be republished.

The amendment sets out the procedure for which the date of appointment of a peace officer or county jailer is determined for calculating service time and for proficiency certificates. Specifically, subsections (a) and (b) are eliminated to provide clarity and guidance for maintaining licensee record accuracy. New subsection (b) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.152, Rules Relating to Hiring Date of Peace Officer.

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 December 21, 2007.

TRD-200706580

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.27

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §211.27, concerning Reporting Responsibilities of Individuals, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7013), and will not be republished.

Section 211.27(e) is added to require a report from any licensee who enters the military after licensing and receives a dishonorable discharge. Subsection (f) is amended to reflect the effective date for these changes.

No comments were received regarding this proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §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 December 21, 2007.

TRD-200706581

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.28

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts new §211.28, concerning Responsibility of a Law Enforcement Agency to Report an Arrest of a Peace Officer or County Jailer, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7014), and will not be republished.

Section 211.28 sets out the procedure for which the arrest of a peace officer or county jailer is reported by an arresting agency. Specifically, this rule is created to provide notification to the Commission of the arrest of a peace officer or county jailer if such fact is discovered by an arresting agency.

No comments were received regarding the proposed section.

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

The new rule 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 December 21, 2007.

TRD-200706585

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §211.29

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §211.29, concerning Responsibilities of Agency Chief Administrators, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7014), and will not be republished.

Section 211.29(e) is amended to include TCLEOSE PID number. Subsection (f) is amended by House Bill 2445, which requires the chief administrator of a law enforcement agency to report to the Commission within 7 business days the departure of a licensee that resigned or was terminated. Subsections (i) and (j) require a chief administrator of a law enforcement agency to notify the Commission of their appointment as administrator and to notify the Commission of their departure of that respective position. Subsection (k) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.303, License Application; Duties of Appointing Entity, and amended §1701.452, Employment Termination Report.

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 December 21, 2007.

TRD-200706586

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS

37 TAC §215.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §215.5, concerning Contractual Training, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7015), and will not be republished.

Section 215.5(a) was amended to identify a propriety training contractor. Subsection (d) was added in order to allow for a distance education contractual provider type and identify the requirements for distance education courses. The inspection requirements of subsection (g)(3) was amended to allow for different types of training providers. The reporting requirements of subsection (g) were also amended to reflect the revised deadline for reporting to the Commission. Subsection (j) 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 of the 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, §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 December 21, 2007.

TRD-200706587

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §215.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of §215.17, concerning Distance Education, without changes to the proposal as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7017), and will not be republished.

The guidelines for distance education will be incorporated into §215.5, concerning Contractual Training, in order to allow for a distance education contractual provider type.

No comments were received regarding the proposed repeal.

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

The repeal 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 December 21, 2007.

TRD-200706588

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 217. LICENSING REQUIREMENTS

37 TAC §217.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.3 concerning Application for License and Initial Report of Appointment, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7020), and will not be republished.

Subsection (b) is amended to ensure that the rule is compliant with statute language. Subsection (g) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.405 Telecommunicators.

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 December 21, 2007.

TRD-200706589

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §217.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.7, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7020), and will not be republished.

Amendments were made to subsections (c)(1) and (c)(2) adding language which requires a law enforcement agency to keep on file documentation that complies with §1701.451 of the Texas Occupations Code. Subsection (g) is amended to reflect amendments to the Texas Occupations Code that requires the law enforcement agencies to submit the F-5 Employment Termination Report to the Commission and to the licensee within 7 business days after the date of separation. Subsection (i) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, Amended §1701.451, Preemployment Request for Employment Termination Report and Submission of Background Check Confirmation Form, and Amended §1701.452 Employment Termination Report.

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 December 21, 2007.

TRD-200706592

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §217.8

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.8, concerning Contesting an Employment Termination Report, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7022), and will not be republished.

This amendment changes subsection (e) by transferring the burden of proof by preponderance of the evidence from the individual requesting a hearing for a correction of report to the chief administrative officer of the law enforcement agency. Subsection (f) amends language from proposal for decision to final order. Subsection (j) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, Amended §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 December 21, 2007.

TRD-200706593

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §217.11

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.11, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7023), and will not be republished.

Amendments were made to subsection (e) by eliminating language regarding civil process, and placing the language in §217.15 and new subsection (e) to include the legislatively mandated training requirements for police chiefs that is currently located in the Education Code. This amendment would also include a change addressing training for elected and appointed constables. This change is necessary to ensure that Commission rules remain in compliance with statutory requirements. Subsection (o) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the 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, §1701.354, Continuing Education for Deputy Constables, and §1701.3545, Initial Training and Continuing Education for Constables.

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 December 21, 2007.

TRD-200706595

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §217.15

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §217.15, Waiver of Legislatively Required Continuing Education, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7024), and will not be republished.

Amendments were made by adding subsections (e)(1) and (e)(2) to include a waiver for civil process for deputy constables. Subsection (h) was added to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

This amendment is adopted 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, §1701.351, Continuing Education Required for Peace Officers.

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 December 21, 2007.

TRD-200706596

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 219. PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS

37 TAC §219.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §219.1, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7025), and will not be republished.

Amendments were made to subsection (a) changing the language of student to individual. Amendments to subsection (b) include an individual not licensed in Texas who qualifies with training from accepted federal positions, military police, and TDCJ corrections training. In subsections (j) and (k), the expiration of endorsement is removed to allow an individual who did not use their three exam attempts in the 180-day time frame. This allows the individual to pay a fee and apply for their final attempts after meeting requirements. Subsection (k) is amended to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §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 December 21, 2007.

TRD-200706597

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §219.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §219.3, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7026), and will not be republished.

Amendments were made to subsection (b)(11) for exam administration changes due to the electronic testing eliminating the paper answer sheets. Subsection (c) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.305, Examination Results.

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 December 21, 2007.

TRD-200706599

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §219.7

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §219.7, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7026), and will not be republished.

Amendments were made by removing wording in subsection (a) that no longer applies after moving to electronic testing: results are immediate. Subsection (h) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.305, Examination Results.

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 December 21, 2007.

TRD-200706600

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES

37 TAC §221.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §221.1, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7027), and will not be republished.

Amendments were made to set out the procedure for which a peace officer or county jailer is determined for calculating service time and proficiency certificates. This rule is created specifically to provide clarity and guidance for maintaining licensee record accuracy. Subsection (f) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §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 December 21, 2007.

TRD-200706601

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §221.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §221.3, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7028), and will not be republished.

Amendments were made to subsection (b)(3) to include crisis intervention/de-escalation training required by §1701.402(g) as amended by H.B. 1473 79th Texas Legislature, Regular Session. Subsection (c)(3) is added as required by §1701.402(g) H.B. 1473 79th Texas Legislature, Regular Session. Subsection (e) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.402, Proficiency Certificates.

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 December 21, 2007.

TRD-200706602

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §221.5

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §221.5, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7029), and will not be republished.

Amendments were made to subsections (b)(1) - (4) to allow proficiency certificate application for licensees who have had a suspension and who have fulfilled their suspension term and completed reinstatement requirements. Subsection (e) is amended to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.402, Proficiency Certificates.

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 December 21, 2007.

TRD-200706603

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §221.23

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §221.23, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7030), and will not be republished.

Amendments were made to subsection (a)(2) by including an associate's degree to be added for recognition. Subsection (d) is amended to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.402, Proficiency Certificates.

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 December 21, 2007.

TRD-200706604

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §221.31

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §221.31, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7031), and will not be republished.

Amendments were made to subsection (a) by providing clarification to the rule. Subsection (d) is amended to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.357, Weapons Proficiency for Certain Retired Peace Officers and Federal Criminal Investigators.

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 December 21, 2007.

TRD-200706608

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 223. ENFORCEMENT

37 TAC §223.17

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §223.17, concerning Reinstatement of a License, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7032), and will not be republished.

Section 223.17(a) is amended to delete language regarding expiration of a license. Subsection (c) is amended to reflect the effective date of these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.351, Continuing Education Required for Peace Officers.

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 December 21, 2007.

TRD-200706609

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


Chapter 225. SPECIALIZED LICENSES

37 TAC §225.1

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §225.1, concerning Issuance of Jailer License through a Contract Jail Facility, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7032), and will not be republished.

Section 225.1(e) is amended to reflect the original appointment date of a jailer instead of the date the license was issued. Subsection (g) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

This amendment is adopted 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, §1701.307, Issuance of License, and §1701.310, Appointment of County Jailer; Training Required.

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 December 21, 2007.

TRD-200706611

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722


37 TAC §225.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §225.3, concerning Issuance of Peace Officer License through a Medical Corporation, without changes to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7033), and will not be republished.

Section 225.3(c) is amended to reflect changes in licensing terminology currently used by the Commission. Subsection (f) is amended to reflect the effective date for these changes.

No comments were received regarding the proposed amendment.

The amendment is adopted 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, §1701.303, License Application; Duties of Appointing Entity.

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 December 21, 2007.

TRD-200706613

Timothy Braaten

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 2008

Proposal publication date: October 5, 2007

For further information, please call: (512) 936-7722