PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes an amendment to Title 37, Texas Administrative Code by amending §215.15, concerning Enrollment Standards. Subsection (a) is amended to add medical and psychological evaluations to the enrollment requirements. Subsection (d) is amended to reflect the effective date of these changes. The amendment will make the enrollment requirements more closely reflect the licensing requirements and will ensure individuals entering an academy will be eligible to be licensed upon graduation.
The Commission has determined that for each year of the first five years the section as proposed will be in effect, there could be an effect on state or local governments as a result of administering this section. State or local governmental agencies may pay for the medical and psychological evaluations or they could choose to require the enrollees to pay.
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 having the enrollment requirements more closely reflect the licensing requirements.
The Commission has determined that there may be a monetary and time cost to the individual meeting this requirement prior to enrolling in academies, however there will be a positive benefit for the individual and the public by ensuring that individuals entering an academy will be eligible to be licensed upon graduation. There will be no anticipated cost to small business as a result of the proposed amendment.
Comments may be submitted electronically to public.comment@tcleose.state.tx.us or in writing to Mr. Timothy A. Braaten, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, 6330 U.S. 290 East, Austin, TX 78723.
The amendment is proposed 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 proposed is in compliance with Texas Occupations Code, Chapter 1701, §1701.255, Enrollment Qualifications.
No other code, article, or statute is affected by this proposal.
§215.15.Enrollment Standards.
(a) In order for an individual to enroll in any basic licensing course that provides instruction in defensive tactics, arrest procedures, firearms, or use of a motor vehicle for law enforcement purposes, the academy must have on file:
(1) - (2) (No change.)
(3) written documentation that the individual has been examined by a physician, selected by the appointing, employing agency, or the academy, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought. Prior to enrollment, the individual must be declared in writing by that professional 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;
(4) written documentation that the individual has been examined by a psychologist, selected by the appointing, employing agency, or the academy, 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. This examination may also be conducted by a psychiatrist. Prior to enrollment, the individual 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. 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; or
(B) the examination may be conducted by qualified persons identified by §501.004, Occupations Code. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed.
(b) - (c) (No change.)
(d) The effective date of this section is
May 1, 2009 [October 5, 2008].
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 December 31, 2008.
TRD-200806730
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes the repeal of and new Title 37, Texas Administrative Code, §217.7 concerning Reporting the Appointment and Termination of a Licensee. The section proposed for repeal addresses the requirements for appointing and terminating a licensee. The proposed repeal of and new rule would clarify the requirements for appointment and termination of a licensee. These requirements include: initial license application, preemployment, and termination reporting.
Through the proposed new §217.7, the commission is reflecting changes made by House Bill 2445 of the 80th Texas Legislature. The proposal would repeal the current requirements from rule and specify the reporting requirements of an agency receiving a preemployment request and the termination reporting requirements.
Current §217.7, relating to Reporting the Appointment and Termination of a Licensee, proposed for repeal describes the reporting requirements for preemployment and termination of the 79th Texas Legislature.
Proposed new §217.7, relating to Reporting the Appointment and Termination of a Licensee, would clarify the preemployment requirements, agency responsibilities, and break in service requirements.
The Commission has determined that for each year of the first five years the repeal and new section are in effect, there will be no effect on state or local governments as a result of administering the proposed repeal and new section.
The Commission has determined that for each year of the first five years the repeal and new section are in effect, there will be a positive benefit to the public with a clearer understanding by the law enforcement community as to the requirements for appointment and termination of a licensee.
The Commission has determined that for each year of the first five years the repeal and new section are in effect, there will be no anticipated cost to small business, individuals, or both.
Comments may be submitted electronically to public.comment@tcleose.state.tx.us or in writing to Mr. Timothy A. Braaten, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, 6330 U.S. 290 East, Austin, TX 78723.
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on Law Enforcement Officer Standards and Education or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Occupations Code, §1701.151 which authorizes the Commission to adopt rules for the administration of Chapter 1701.
The proposed repeal implements House Bill 2445, 80th Texas Legislature, Regular Session, 2007.
§217.7.Reporting the Appointment and Termination of a Licensee.
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 December 31, 2008.
TRD-200806755
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713
The new section is proposed under Texas Occupations Code, §1701.151 which authorizes the Commission to adopt rules for the administration of Chapter 1701.
The proposed new section implements Texas Occupations Code, §1701.451 and §1701.452.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a) Before a law enforcement agency may hire a person licensed under Chapter 1701, Occupations Code, the agency head or the agency head's designee must, on the agency's letterhead with the appropriate signature:
(1) make a written request to the commission for any employment termination report regarding the person that is maintained by the commission under this chapter; and
(2) submit to the commission on the form prescribed by the commission confirmation that the agency:
(A) conducted in the manner prescribed by the commission a criminal background check regarding the person;
(B) obtained the person's written consent on a form prescribed by the commission for the agency to view the person's employment records;
(C) obtained from the commission any service or education records regarding the person maintained by the commission; and
(D) contacted each of the person's previous law enforcement employers.
(b) A law enforcement agency that obtains a consent form described by subsection (a)(2)(B) of this section shall make the person's employment records available to a hiring law enforcement agency on request.
(c) Before appointing a licensee whose license is inactive or has expired, an agency shall ensure that the individual meets the current minimum standards for licensure.
(d) An agency that appoints an individual who already holds a valid, active license appropriate to that position must notify the commission of such appointment not later than 30 days after the date of appointment. The appointing agency must have on file documentation that a peace officer licensee is compliant with weapons qualification according to §217.21 of this chapter within the last 12 months.
(e) If the appointment is made after a 180-day break in service, the agency must have the following on file and readily accessible to the commission:
(1) a new criminal history check by name, sex, race and date of birth from both TCIC and NCIC;
(2) a new declaration of psychological and emotional health;
(3) a new declaration of lack of any drug dependency or illegal drug use; and
(4) one completed applicant fingerprint card or, pending receipt of such card, an original sworn, notarized affidavit by the applicant of his or her complete criminal history; such affidavit to be maintained by the agency while awaiting the return of completed applicant fingerprint card; and
(5) for peace officers, weapons qualification according to §217.21 of this chapter within the last 12 months.
(f) When an individual licensed by the commission or a telecommunicator separates from appointment or employment with an agency, the agency shall submit a report to the commission in the currently prescribed commission format that reports the separation. The report shall be submitted within 7 business days following the date of separation. If a licensee has filed a timely grievance or appeal within the personnel policies of the agency, the agency shall not be required to file the report until all administrative remedies have been exhausted. The agency shall provide the individual who is the subject of the report a copy of the report within 7 business days after the date of separation.
(g) An agency must retain records kept under this section for a minimum of 5 years after the licensee's termination date with that agency. The records must be maintained in a format readily accessible to the commission.
(h) A report or statement of separation submitted under subsection (f) of this section is exempt from disclosure under the Public Information Act, Chapter 552, Government Code, unless the individual resigned or was terminated due to substantiated incidents of excessive force or violations of the law other than traffic offenses, and is subject to subpoena only in a judicial proceeding.
(i) The effective date of this section is May 1, 2009.
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 December 31, 2008.
TRD-200806728
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes an amendment to Title 37, Texas Administrative Code by amending §229.1, concerning General Eligibility of Deceased Texas Peace Officers. The title will be amended to reflect the title of Government Code §3105.003. Subsection (a) is amended to reflect changes to the Government Code §3105.003. These amendments are necessary to ensure that the Commission rule is in compliance with the statute, which allows eligibility for federal law enforcement officers and municipal, county, or state corrections or detention officers.
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 effect on state or local governments as a result of administering this 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 ensuring that all eligible peace officers, federal law enforcement officers, and municipal, county, or state corrections or detention officers are recognized on the Texas Peace Officers' Memorial as authorized by Government Code §3105.003.
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 cost to small business, individuals, or both as a result of the proposed section.
Comments may be submitted electronically to public.comment@tcleose.state.tx.us or in writing to Mr. Timothy A. Braaten, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, 6330 U.S. 290 East, Austin, TX 78723.
The amendment is proposed 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 proposed is in compliance with Texas Government Code, Chapter 3105, §3105.003, Eligibility for Memorial.
No other code, article, or statute is affected by this proposal.
§229.1. Eligibility for Memorial [ General Eligibility of Deceased Texas Peace Officers ].
(a) A person is eligible to have the person's
name on the memorial if the person was killed in the line of duty
and was: [A deceased Texas peace officer, killed in the
line of duty, is eligible for inclusion on the Texas peace officers'
memorial if the person was:]
(1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2.12, Code of Criminal Procedure, or other law;
(2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2.122, Code of Criminal Procedure;
(3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or
[(1) a Texas peace officer
among those listed under the Texas Code of Criminal Procedure, Article
2.12;]
[(2) a Texas peace officer
among those licensed by the Texas Commission on Law Enforcement Officer
Standards and Education, under the Government Code, Chapter 415, or
Occupations Code 1701 a federal law enforcement officer or special
agent performing duties in this state, including those officers under
Article 2.122, Code of Criminal Procedure;]
[(3) a Texas peace officer
among those listed under the Texas Education Code;]
[(4) a Texas peace officer
among those named as such by other Texas law;]
(4) [(5)] a Texas peace officer
who, in historical perspective, would be eligible under any of the
preceding criteria.[; or]
[(6) a Texas corrections
officer employed or appointed by a municipal, county or state penal
institution.]
(b) The effective date of this section is May 1, 2009. [
as amended shall be June 1, 2004.]
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 December 31, 2008.
TRD-200806729
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713