PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 211. ADMINISTRATION
37 TAC §211.30
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes new §211.30, concerning Chief
Administrator Responsibilities for Class B Waivers.
This new section will explain the chief administrator's responsibilities
for the waiver request process for individuals with a Class B conviction
or deferred adjudication within five years.
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 providing a clearer understanding to of the
waiver procedure allowed under §215.15 and §217.1.
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 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 Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 78723.
The new section 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 section as proposed is in compliance with Texas Occupations
Code, Chapter 1701, §1701.255, Enrollment Qualifications and §1701.307,
Issuance of License.
No other code, article, or statute is affected by this proposal.
§211.30.Chief Administrator Responsibilities for Class B Waivers.
(a) A chief administrator may request the executive
director that an individual be considered for a waiver of either the
enrollment or initial licensure requirements regarding a Class B conviction
or deferred adjudication. An individual is eligible for one waiver
request. This request must be submitted at least 45 days prior to
a regularly scheduled commission meeting.
(b) The request must include:
(1) a complete description of the mitigating factors
identified in §215.15 and §217.1 of this title;
(2) all court and community supervision documents;
(3) the applicant's statement;
(4) all offense reports;
(5) victim(s) statement(s), if applicable;
(6) letters of recommendation;
(7) statement(s) of how the public or community would benefit; and
(8) chief administrator's written statement of intent
to hire the applicant as a full time employee.
(c) Commission staff will review the request and notify
the chief administrator if the request is incomplete. The chief administrator
must provide any missing documents before the request can be scheduled
for a commission meeting. Once a completed request is received, it
will be placed on the agenda of a regularly scheduled commission meeting.
(d) The chief administrator will be notified of the
meeting date and must be present to present the request to the commissioners.
The applicant must be present at the meeting to answer questions about
the request. Staff will present a report on the review process.
(e) After hearing the request, the commissioners will
make a decision and take formal action to approve or deny the request.
(f) The effective date of this section is October 26, 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 June 12, 2009.
TRD-200902393
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
37 TAC §215.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §215.15,
Enrollment Standards. Subsection (b) is amended to identify factors
considered for mitigating circumstances. Subsection (c) is amended
to clarify enrollments requirements for basic peace officer licensing
courses. Subsection (d) is amended to identify examinations required
for enrollment to basic peace officer licensing courses. Subsection
(e) is amended to clarify that academies may establish additional
enrollment standards. Subsection (f) is added to reflect the effective date.
These amendments are necessary to clarify enrollment requirements
and to identify which factors will be considered for mitigating circumstances.
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 identifying which factors will be considered
for mitigating circumstances.
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 Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 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 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) (No change.)
(b) In evaluating whether mitigating
circumstances exist, the commission will consider the following factors:
(1) the applicant's history of compliance with the
terms of community supervision;
(2) the applicant's continuing rehabilitative efforts
not required by the terms of community supervision;
(3) the applicant's employment record;
(4) whether the disposition offense contains an element
of actual or threatened bodily injury or coercion against another
person under the Texas Penal Code or the law of the jurisdiction where
the offense occurred;
(5) the required mental state of the disposition offense;
(6) whether the conduct resulting in the arrest resulted
in the loss of or damage to property or bodily injury;
(7) the type and amount of restitution made by the applicant;
(8) the applicant's prior community service;
(9) the applicant's present value to the community;
(10) the applicant's post-arrest accomplishments;
(11) the applicant's age at the time of arrest; and
(12) the applicant's prior military history.
(c) In order for an individual to
enroll in any basic peace officer training program 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) a high school diploma;
(2) a high school equivalency certificate and evidence
of successful completion of at least 12 hours from an institution
of higher education with at least a 2.0 grade point average on a 4.0
scale; or
(3) an honorable discharge from the armed forces of
the United States after at least 24 months of active duty service.
(d) In order for an individual to
enroll in any basic peace officer training program 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) 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. 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; and
(2) 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. 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.
(e) The enrollment standards established
in this section do not preclude the licensed academy from establishing
additional requirements or standards for enrollment in law enforcement
training programs.
(f) The effective date of this section
is October 26, 2009.
[(1) a high school diploma;]
[(2) a high school equivalency certificate and evidence
of successful completion of at least 12 hours from an institution
of higher education with at least a 2.0 grade point average on a 4.0
scale; or]
[(3) an honorable discharge from the armed forces of
the United States after at least 24 months of active duty service.]
[(1) 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. 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; and]
[(2) 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. 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.]
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 June 12, 2009.
TRD-200902388
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
37 TAC §217.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §217.9, concerning
Continuing Education Credit for Licensees. Subsection (b) is amended
to provide for refusal of licensing or certification courses by unlicensed
or non-contractual training providers. Subsection (d) is amended to
reflect the effective date of this change.
This amendment will ensure that licensing or certification courses
are provided by training providers that follow guidelines established
by the Commission.
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. Agencies that wish to become training providers would
incur costs associated with this process.
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 licensing or certification
courses are provided by training providers that follow guidelines
established by the Commission.
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 Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 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 amendment as proposed is in compliance with Texas Occupations
Code, Chapter 1701, §1701.251, Training Programs; Instructors, §1701.353,
Continuing Education Procedures, and §1701.402, Proficiency Certificates.
No other code, article, or statute is affected by this proposal.
§217.9.Continuing Education Credit for Licensees.
(a) (No change.)
(b) The commission may refuse credit for:
(1) - (4) (No change.)
(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; [
(6) (No change.)
(7) courses provided by the same training provider
and taken more than two times within one training unit; or [
(8) legislatively mandated or certification
courses reported by unlicensed or non-contractual training providers.
(c) (No change.)
(d) The effective date of this section is October
26, 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 June 12, 2009.
TRD-200902392
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
37 TAC §219.2
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §219.2, concerning
Reciprocity for Out-of-State Peace Officers and Federal Criminal Investigators.
The title will be amended to reflect the addition of military police
personnel. Subsection (c) is amended to provide clarity for the eligibility
requirements for out-of-state peace officers to qualify for an endorsement
to attempt a state licensing examination. Subsection (f) is proposed
to add the military police occupational specialties. Subsection (g)
is proposed to add the military training and service time requirements.
The existing subsections were re-lettered due to these additions.
Subsection (m) is amended to reflect the effective date of these changes.
The amendments to subsections (c) and (g) will provide a clearer
understanding for out-of-state peace officers regarding the eligibility
and service time requirements for endorsements issued under §219.2.
The amendments to subsections (f) and (g) will provide a clearer understanding
for military police personnel regarding the eligibility and service
time requirements for endorsements issued under §219.2.
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 providing a clearer understanding to out-of-state
peace officers and military police personnel regarding the eligibility
and service time requirements for endorsements issued under §219.2.
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 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 Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 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 amendment as proposed is in compliance with Texas Occupations
Code, Chapter 1701, §1701.304, Examination.
No other code, article, or statute is affected by this proposal.
§219.2.Reciprocity for Out-of-State Peace Officers , [
(a) To be eligible to take a state licensing examination,
an out of state, [
(b) Prospective out-of-state peace officer, [
(1) (No change.)
(2) successfully complete a supplementary peace officer
training course, the curriculum of which is developed by the Commission;[
(3) (No change.)
(c) Requirements (Peace Officers): applicants who are
peace officers from other U.S. states must meet the following requirements:
(1) provide proof of successful completion
of a state POST-approved (or state licensing authority) basic police
officer training academy (with equivalent course topics and hours
of training at the time of initial certification or licensure);
(2) have honorably served (employed,
benefits eligible) as a sworn peace officer for twelve consecutive
months, following initial basic training, with an agency in the state
where the license or certificate was issued;
(3) be subject to continued employment
or eligible for re-hire (excluding retirement); and
(4) the applicant's license or certificate
must never have been, nor currently be in the process of being, surrendered,
suspended, or revoked.
(d) - (e) (No change.)
(f) Requirements (Military): must
have a military police military occupation specialty (MOS) or air
force specialty code (AFSC) classification in one of the following:
(1) United States Army 95B or 31B;
(2) United States Marine Corps 5811;
(3) United States Air Force 3PO51, 3PO71, or 3PO91;
(4) United States Navy Master at Arms or NEC 9545 and
successfully completed NAVEDTRA 14137; or
(5) United States Coast Guard equivalent.
(g) Qualifying military personnel
must provide proof of:
(1) successfully completed basic military police course
for branch of military served; and
(2) served at least 24 months active duty in the designated
career field.
(h) Procedures for requesting an endorsement
to take state licensing examination:
(1) complete the Commission application for endorsement
and have it properly notarized;
(2) attach a certified check or money order for the
currently required fee (non-refundable); and
(3) submit the application and fee with all required
documents to the Commission by U.S. mail, by courier, or in person.
(i) Required documents to accompany
the application for endorsement:
(1) a certified or notarized copy of the basic training
certificate for a peace officer, a certified or notarized copy of
a federal agent's license or credentials, or a certified or notarized
copy of the peace officer license or certificate issued by the state
POST or proof of military training (to include the United States Coast Guard);
(2) a notarized statement from the state POST, current
employing agency or federal employing agency revealing any disciplinary
action(s) that may have been taken against any license or certificate
issued by that agency or any pending action;
(3) a notarized statement from each applicant's employing
agency confirming time in service as a peace officer or federal office or agent;
(4) a certified or notarized copy of the applicant's
valid state-issued driver's license;
(5) a certified copy of the applicant's military discharge
(DD-214), if applicable; and
(6) a passport-sized color photograph (frontal, shoulders
and face), signed with the applicant's full signature on the back
of the photograph.
(j) The Commission may request that
applicants submit a copy of the basic and advanced training curricula
for equivalency evaluation and final approval.
(k) All out-of-state, federal, and
military applicants will be subject to a search of the National Decertification
Database (NDD), NCIC/TCIC, and National Criminal History Databases
to establish eligibility.
(l) All documents must bear original
certification seals or stamps.
(m) The effective date of this section
is October 26, 2009.
[(1) complete the Commission application for endorsement
and have it properly notarized;]
[(2) attach a certified check or money order for the
currently required fee (non-refundable); and]
[(3) submit the application and fee with all required
documents to the Commission by U.S. mail, by courier, or in person.]
[(1) a certified or notarized copy of the basic training
certificate for a peace officer, a certified or notarized copy of
a federal agent's license or credentials, or a certified or notarized
copy of the peace officer license or certificate issued by the state POST;]
[(2) a notarized statement from the state POST, current
employing agency or federal employing agency revealing any disciplinary
action(s) that may have been taken against any license or certificate
issued by that agency or any pending action;]
[(3) a notarized statement from the applicant's employing
agency confirming time in service as a peace officer or federal office
or agent;]
[(4) a certified or notarized copy of the applicant's
valid state-issued driver's license;]
[(5) a certified copy of the applicant's military discharge
(DD-214) (if applicable);]
[(6) a passport-sized color photograph (frontal, shoulders
and face), signed with the applicant's full signature on the back
of the photograph; and]
[(7) an attached certified check or money order in
the amount listed in the agency fee schedule.]
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 June 12, 2009.
TRD-200902395
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
37 TAC §221.15
(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, Texas.)
The Texas Commission on Law Enforcement
Officer Standards and Education (Commission) proposes the repeal of §221.15,
concerning Crime Prevention Inspector Proficiency. The authority for
that certificate, Section 5.33A, was repealed from the Insurance Code.
The Commission has determined that for each year of the first five
years the repeal as proposed will be in effect, there will be no effect
on state or local governments as a result of administering this repeal.
The Commission has determined that for each year of the first five
years the repeal as proposed will be in effect, there will be a positive
benefit to the public by matching the rules with the current Insurance Code.
The Commission has determined that for each year of the first five
years the repeal as proposed will be in effect, there will be no anticipated
cost to small business, individuals, or both as a result of the proposed
repeal of this section.
Comments may be submitted electronically to public.comment@tcleose.state.tx.us
or in writing to Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 78723.
The repeal 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 proposed repeal is in compliance with Texas Occupations Code,
Chapter 1701, §1701.402, Proficiency Certificates.
No other code, article, or statute is affected by this proposal.
§221.15.Crime Prevention Inspector Proficiency.
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 June 12, 2009.
TRD-200902390
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
37 TAC §221.21
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §221.21,
concerning Firearms Proficiency for Community Supervision Officers.
Subsection (b) is amended to reflect weapons proficiency requirements
for community supervision officers. Subsection (c) is added to reflect
the expiration date for certificates issued under this section and
stipulates requirements for renewal of the certificate for community
supervision officers. Existing subsection (c) is re-lettered as (d)
and amended to reflect the effective date of the amendments.
The amendments to subsections (b) and (c) will provide a clearer
understanding for the community supervision officers regarding the
expiration dates and renewal requirements for certificates issued
under §221.21. The amendment to subsection (d) will provide the
effective date of the amendments.
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 providing a clearer understanding to community
supervision officers regarding the expiration dates and renewal requirements
for certificates issued under §221.21.
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 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 Timothy A. Braaten, Executive Director, Texas Commission
on Law Enforcement Officer Standards and Education, 6330 U.S. 290
East, Austin, Texas 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 amendment as proposed is in compliance with Texas Occupations
Code, Chapter 1701, §1701.257, Firearms Training Program for
Supervision Officers.
No other code, article, or statute is affected by this proposal.
§221.21.Firearms Proficiency for Community Supervision Officers.
(a) (No change.)
(b) The holder of a certificate issued under this section
must meet the firearms proficiency requirements at least once every
12 months. [
(c) Certificates issued under this
section expire two years from date of issuance. Upon the expiration
of a certificate, a supervision officer may apply for the issuance
of a renewal. Supervision officers must meet the requirements in subsections
(a)(1) and (b) of this section in order to renew the certificate.
(d) [
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 June 12, 2009.
TRD-200902391
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: October 26, 2009
For further information, please call: (512) 936-7700
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS[(b) In order for an individual to
enroll in any basic peace officer training program 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:]
[(c) In order for an individual to
enroll in any basic peace officer training program 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:]
[(d) The enrollment standards established
in this section do not preclude the licensed academy from establishing
additional requirements or standards for enrollment in law enforcement
training programs.]
[(e) The effective date of this section
is May 1, 2009.]
CHAPTER 217. LICENSING REQUIREMENTSor]
.]
January 1, 2009].
CHAPTER 219. PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS and ] Federal Criminal Investigators , and Military Police . or] federal criminal investigator
, or military police must comply with all provisions of §219.1
of this title and this section.
and
] federal criminal investigator, and military police applicants
for peace officer licensing in Texas must:
,] and
[(1) demonstrate a successful completion
of a state POST-approved (or state licensing authority) basic police
officer training academy (with equivalent course topics and hours
of training at the time of initial certification or licensure);]
[(2) be currently licensed or certified
as a peace officer by a state POST (or state licensing authority),]
[(3) the applicant's license or certificate
must never have been, nor currently be in the process of being, surrendered,
suspended, or revoked; and]
[(4) have honorably served (employed,
benefits eligible) as a sworn peace officer for twelve consecutive
months, following initial basic training, with an agency in the state
where the license or certificate was issued.]
[(f) Procedures for requesting an
endorsement to take state licensing examination:]
[(g) Required documents to accompany
the application for endorsement:]
[(h) The Commission may request that
applicants submit a copy of the basic and advanced training curricula
for equivalency evaluation and final approval.]
[(i) All out-of-state or federal applicants
will be subject to a search of the National Decertification Database
(NDD), NCIC/TCIC, and National Criminal History Databases to establish
eligibility.]
[(j) All documents must bear original
certification seals or stamps.]
[(k) The effective date of this section is March 1, 2007.]
CHAPTER 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES
Certificates issued under this section expire two
years from date of issuance. Upon expiration, a supervision officer
may apply for issuance of a renewal certificate. Renewal certificate
requirements are the same as those for a new certificate, excluding
subsection (a)(2) of this section.]
(c)] The effective date
of this section is October 26, 2009 [March 1, 2001].
CHAPTER 223. ENFORCEMENT