PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
37 TAC §215.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §215.1,
concerning Licensing of Training Providers, without changes to the
proposed text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2097) and will
not be republished.
The amendment adds language to 37 TAC §215.1, Licensing of
Training Providers. Subsection (a) is amended to identify the types
of training provider credentials. Subsection (b) is amended to identify
the requirements for receiving training provider credentials. Subsection
(c) is amended to identify the time limits for training provider credentials.
Subsection (d) is amended to specify the reapplication time period.
Subsection (e) is added to provide for a shorter credentialing period
for at risk providers. Subsection (f) is added to specify the renewal
requirements for training provider credentials. Subsection (g) is
added to reflect the effective date of these changes.
No comments were received regarding adoption of this amendment.
The rule is adopted in compliance with Texas Occupations
Code, Chapter 1701, §1701.251, Training Programs; Instructors, §1701.153,
Reports from Agencies and Schools, and §1701.254, Risk Assessment
and Inspections.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902400
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts the repeal and replacement of Title
37, §215.3, concerning Academy Licensing, without changes to
the proposed text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2098) and will
not be republished.
Adopted new §215.3, Academy Licensing, clarifies the academy
licensing requirements. These changes establish consistency, continuity,
and uniformity of regulations for training providers.
No comments were received regarding adoption of this repeal and new section.
37 TAC §215.3
The repeal is adopted in compliance with Texas Occupations
Code §1701.151, which authorizes the commission to adopt rules
for the administration of Chapter 1701.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902402
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.3
The new section is adopted under Texas Occupations
Code §1701.151, which authorizes the commission to adopt rules
for the administration of Chapter 1701.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902403
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts the repeal of and new §215.5,
concerning Contractual Training. New §215.5 is adopted with changes
to the proposed text as published in the March 27, 2009, issue of
the Texas Register (34 TexReg 2101).
The repeal of §215.5 is adopted without changes to the proposal
and will not be republished.
Adopted new §215.5, Contractual Training, would clarify the
academy licensing requirements. These changes establish consistency,
continuity, and uniformity of regulations for training providers.
One comment was received from the Pasadena Police Department regarding
adoption of this proposal. The comment concerned the lack of budget
and resolution requirements for Contractual Training Providers in
subsection (b). The agency response is that the Commissioners voted
to remove those constraints from Contractual Training Providers at
the March 2009 quarterly meeting.
37 TAC §215.5
The repeal is adopted in compliance with Texas Occupations
Code §1701.151, which authorizes the commission to adopt rules
for the administration of Chapter 1701.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902404
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.5
The new section is adopted under Texas Occupations
Code §1701.151, which authorizes the commission to adopt rules
for the administration of Chapter 1701.
§215.5.Contractual Training.
(a) A law enforcement agency, a law enforcement association,
alternative delivery trainer, or proprietary training contractor may
make application to conduct training for licensees.
(b) As part of the application process, the following
documentation shall be submitted:
(1) documentation that an advisory board has been appointed
as provided by §215.7 of this chapter and §1701.252 of the
Texas Occupations Code, including a resume for each board member;
(2) advisory board minutes that show the advisory board
has complied with the requirements of §215.7 of this chapter;
(3) the name, PID, and resume of the proposed training coordinator;
(4) documentation that the training coordinator is
in compliance with the responsibilities required by contract, law,
or rule, to include but not limited to §215.9 of this chapter;
(5) a schedule of tuition and fees that will be charged, if any;
(6) selection of a training facility and instructional
materials that meets inspection requirements identified in §215.3(d)
of this chapter, as determined by the commission;
(7) documentation that the training facility meets
the federal and state accessibility requirements to which its entity
is subject and which apply to the training function, including course
materials, course presentation, and facilities; and
(8) at the request of the executive director, the applicant
must forward for approval at least one copy of the learning objectives
of each course covered by the contract.
(c) A training needs assessment must be completed and
submitted for commission approval and shall include:
(1) the names and description of existing law enforcement
training programs in the area;
(2) what specific training needs are to be addressed
by the proposed contract; and
(3) the number and types of courses that will be offered
during the first quarter of the executed contract.
(d) The chief administrator of the sponsoring organization
and the proposed training coordinator must appear before the commissioners
to respond to questions prior to action being taken on the application.
(e) Once a contract is issued, the chief administrator
of the sponsoring organization, or training coordinator, must report
in writing to the commission within 30 days:
(1) any change in chief administrator or training coordinator;
(2) any failure to meet commission rules and standards
by the provider, training coordinator, instructors, or advisory board;
(3) any change in provider name, physical location,
mailing address, electronic mail address, or telephone number; or
(4) when non-compliance with federal or state requirements is discovered.
(f) A contract is limited to those terms expressly
included in the contract or incorporated by reference and is:
(1) in the currently prescribed commission format;
(2) signed by the executive director;
(3) signed by the chief administrator or head of the
sponsoring organization; and
(4) signed by the training coordinator responsible
for the administration of that training.
(g) A contract may approve the courses and the number
of times they will be offered. These contracts are for a stated period
of time but may be terminated within 10 days by written notice on
the part of either party to the contract. A contract may incorporate
by reference a law, rule, or any other document; however, any waiver,
exception, or deletion must be expressed.
(h) The commission will award training credit for any
course conducted by a contract training provider as provided by commission
rules unless:
(1) the training was not conducted in compliance with
the contract;
(2) the advisory board, training coordinator or instructor
failed to discharge any responsibility required by commission rule; or
(3) the credit was claimed by deceitful means.
(i) A contract to provide distance education courses
may be approved if the contractual training provider:
(1) submits a request, for which a recovery fee may
be charged, in accordance with the commission's rules or established
procedures before the course is offered;
(2) ensures that each course will have one or more
sponsors assigned, who shall be responsible both for the conduct of
the course and the proctoring of any examination during the course;
(3) ensures that the student, without the use of deceitful
means, completes the required coursework, receives a passing grade
on any examination or evaluation required by the lesson guide or learning
objectives; and
(4) ensures that the student's assigned work is corrected,
graded, and reviewed by qualified instructors, and returned to the
student via an exchange that provides a personalized student-teacher
relationship.
(j) The executive director may suspend a contract for
any violation of its terms or of any commission rule or law.
(k) The executive director may terminate a contract
if no training is conducted within a calendar year unless the chief
administrator has petitioned the executive director for a waiver and
the waiver has been granted. Any party may terminate, upon written
notice to all other parties, received by the executive director, or
the coordinator, or any other named person or office.
(l) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902405
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts the repeal of and new §215.6
concerning Academic Alternative Licensing, with changes to the proposed
new §215.6 as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2102). The repeal
is adopted without change and will not be republished.
Adopted new §215.6, Academic Alternative Licensing, would
clarify the requirements for academic alternative licensing. These
changes are to establish consistency, continuity, and uniformity of
regulations for training providers.
No comments were received regarding adoption of this repeal and
new section.
37 TAC §215.6
The repeal is adopted in compliance with Texas Occupations
Code §1701.151 which authorizes the commission to adopt rules
for the administration of Chapter 1701.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902406
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.6
The new section is adopted under Texas Occupations
Code §1701.151 which authorizes the commission to adopt rules
for the administration of Chapter 1701.
§215.6.Academic Alternative Licensing.
(a) A Texas college or university that is accredited
by the Southern Association of Colleges and Schools (SACS) and which
has a criminal justice or law enforcement program approved by the
Texas Higher Education Coordinating Board (THECB) may make application
to conduct training for licensees.
(b) As part of the application process,
(1) documentation of approval from THECB for a criminal
justice or law enforcement program;
(2) documentation that an advisory board has been appointed
as provided by §215.7 of this chapter and §1701.252 of the
Texas Occupations Code, including a resume for each board member;
(3) advisory board minutes that show the advisory board
has complied with the requirements of §215.7 of this chapter;
(4) the name, PID, and resume of the proposed training
coordinator;
(5) documentation that the training coordinator has
met the responsibilities required by contract, law, or rule, to include
but not limited to §215.9 of this chapter;
(6) an operational budget and a proposed course schedule
to show that training will be conducted;
(7) selection of a training facility and instructional
materials that meet the inspection requirements identified in §215.3(d)
of this chapter, as determined by the commission;
(8) documentation that the program meets the federal
and state accessibility requirements to which its entity is subject
and which apply to the training function, including course materials,
course presentation, and facilities;
(9) documentation of any contractual provision the
applicant may have with a licensed academy to provide the sequence
courses;
(10) provisions for the Registrar to issue all endorsements; and
(11) at the request of the executive director, the
applicant must forward for approval at least one copy of the learning
objectives of each alternative course provided.
(c) A comprehensive training needs assessment must
be submitted to the commission for approval and must include:
(1) a description of whom the alternative academic
provider will serve and the number of students they expect to train
annually;
(2) the basis for these expectations; and
(3) proof of notification by e-mail to all licensed
academies within the area of the applicant's intent to apply for an
academic alternative provider license.
(d) The dean or chair of the academic program and the
proposed training coordinator must appear before the commissioners
to respond to questions prior to action being taken on the application.
(e) Once a license is issued, the chief administrator
or training coordinator of the academic alternative provider must
report in writing to the commission within 30 days:
(1) any change in the dean of the department;
(2) any change in training coordinator;
(3) any failure to meet commission rules and standards
by the training coordinator, instructors, or advisory board;
(4) any change in status with SACS and/or THECB;
(5) when non-compliance with federal or state requirements
is discovered; or
(6) any change in provider name, physical location,
mailing address, electronic mail address, or telephone number.
(f) The commission will award training credit for the
academic alternative program when provided by licensed academic alternative
providers, unless the:
(1) courses were not conducted in compliance with commission rules;
(2) courses were not conducted in compliance with THECB
guidelines;
(3) advisory board, training coordinator, or instructor
failed to discharge any responsibility required by rule; or
(4) credit was obtained by deceitful means.
(g) The commission may cancel an academic alternative
license if it was issued in error or based on false or incorrect information.
(h) The commission may suspend an academic alternative
license, or the executive director or his designee may issue a written
reprimand to the dean of the department, if:
(1) the academic alternative provider fails to comply
with a commission rules or any law; or
(2) the academic alternative provider has been classified
as at risk under §215.13 of this chapter.
(i) The commission may revoke an academic alternative
license if:
(1) the academic alternative provider has been classified
as at risk under §215.13 of this chapter for a 12-month period
without complying with commission rules;
(2) the academic alternative provider has lost either
SACS accreditation or THECB approval; or
(3) the training coordinator intentionally or knowingly
submits a falsified document or a false written statement or representation
to the commission.
(j) An academic alternative provider may surrender
its license at any time for any reason. To surrender the license,
the dean of the department must send written notice, accompanied by
the license, to the executive director. The surrender is effective
immediately upon receipt by the executive director.
(k) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902407
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §215.7,
concerning Training Provider Advisory Board, with changes to the proposed
text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2104).
The amendment adds language to 37 TAC §215.7, Training Provider
Advisory Board. Subsection (a) is amended to clarify the composition
of the advisory board. Subsection (b) is amended to clarify the requirements
of board members. Subsection (c) is amended to identify a board chair.
Subsection (d) is amended to make reference to the board chair. Subsection
(f) is amended to include academic alternative programs. Subsection
(i) is amended to clarify the duties of the board. Subsection (l)
is amended to reflect the effective date of these changes.
No comments were received regarding adoption of this amendment.
The rule is adopted in compliance with Texas Occupations
Code, Chapter 1701, §1701.252, Program and School Requirements;
Advisory Board and §1701.052, Eligibility of Public Members.
§215.7.Training Provider Advisory Boards.
(a) All training providers approved by the commission
must establish and maintain an advisory board, as required by §1701.252
of the Texas Occupations Code. The board must have at least three
members who are appointed by the sponsoring organization. Board membership
must not fall below a quorum for more than 30 days. A quorum of the
advisory board is defined as a minimum of 51% of the voting membership.
(b) The board may have members who are law enforcement
personnel; however, one-third of the members must be public members,
as defined in §1701.052 of the Texas Occupations Code, having
the same qualification as any commissioner who is required by law
to be a member of the general public. The chief administrator, or
head of the sponsoring organization, and the designated training coordinator
may only serve as ex-officio, non-voting members.
(c) The chief administrator, or head or the sponsoring
organization, may appoint a board chair, or the board may elect a
board member to serve as the board chair. The board may elect other
officers and set its own rules of procedure. A quorum must be present
in order to conduct business.
(d) A board must meet at least once each calendar year.
More frequent meetings may be called by the board chair, the training
coordinator, or the person who appoints the board.
(e) A board will keep written minutes of all meetings.
These minutes must be retained for at least five years and a copy
forwarded to the commission upon request.
(f) Board members will be appointed by the following
authority:
(1) for an agency academy, by the chief administrator
as defined in §211.1 of this chapter;
(2) for a college academy, by the dean or other person
who appoints the training coordinator;
(3) for a regional academy, by the head of the council
of governments or other sponsoring entity holding the academy license
from names submitted by chief administrators from that area;
(4) for a contractual training provider, by the chief
administrator; or
(5) for an academic alternative provider, by the dean
or other person who appoints the training coordinator.
(g) A member may be removed by the appointing authority.
(h) A board is generally responsible for advising on
the development of curricula and any other related duty that may be
required by the commission.
(i) The board must, as specific duties:
(1) discharge its responsibilities and otherwise comply
with commission rules;
(2) advise on the need to study, evaluate, and identify
specific training needs;
(3) advise on the determination of the types, frequency,
and location of courses to be offered;
(4) advise on the establishment of the standards for
admission, prerequisites, minimum and maximum class size, attendance,
and retention; and
(5) advise on the order of preference among employees
or prospective appointees of the sponsoring organization and other
persons, if any.
(j) No person may be admitted to a training course
without meeting the admission standards. The admission standards for
licensing courses must be available for review by the commission upon
request.
(k) A board may, when discharging its responsibilities,
request that a report be made or some other information be provided
to them by a training or course coordinator.
(l) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902408
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §215.9,
concerning Training Coordinator, without changes to the proposed text
as published in the March 27, 2009 issue of the Texas Register
(34 TexReg 2105) and will not be republished.
The amendment adds language to 37 TAC §215.9, Training Coordinator.
Subsection (b) is amended to clarify the responsibilities of the training
coordinator. Subsection (c) is amended to allow for petition for a
waiver of the training coordinator requirements for a vacant coordinator
position. Subsection (d) is amended to allow for petition for a waiver
of the full-time paid employee requirement. Subsection (e) is amended
to reflect the effective date of these changes.
No comments were received regarding adoption of this amendment.
The rule is adopted in compliance with Texas Occupations
Code, Chapter 1701, §1701.251, Training Programs; Instructors,
and §1701.153, Reports from Agencies and Schools.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902409
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.11
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §215.11,
concerning Training Provider Evaluations, with changes to the proposed
text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2107) and will
be republished.
The amendment adds language to 37 TAC §215.11, Training Provider
Evaluations. Subsection (b) is amended to identify the items used
to assess the performance of training providers. Subsection (c) is
added to identify the distribution of the evaluation results. Subsection
(d) is amended to reflect the effective date of these changes. Subsection
(e) is deleted.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code,
Chapter 1701, §1701.254, Risk Assessment and Inspections, §1701.153,
Reports from Agencies and Schools, and §1701.251, Training Programs;
Instructors.
§215.11.Training Provider Evaluations.
(a) All training providers shall be evaluated periodically
and randomly. Providers with deficiencies will be evaluated more frequently,
as determined by the commission.
(b) The commission may use the following information
in assessing the performance of training providers:
(1) licensing examination results;
(2) reports from past evaluation records;
(3) self-assessment reports;
(4) on-site evaluations;
(5) reports and evaluations from students, law enforcement
agencies, and citizens;
(6) commission records;
(7) course records;
(8) observations by commission staff;
(9) information used as risk assessment factors; and
(10) any other relevant information about performance and practices.
(c) The results of the evaluation will be forwarded
to the chief administrator, training coordinator, and advisory board chair.
(d) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902410
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §215.13
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §215.13,
concerning Risk Assessment, with changes to the proposed text as published
in the March 27, 2009, issue of the Texas Register
(34 TexReg 2107) and will be republished.
The amendment adds language to 37 TAC §215.13, Risk Assessment.
Subsection (a) - (c) are amended for language cleanup. Subsection
(d) is amended to identify actions training providers must take after
being found at risk. Subsection (e) is amended to identify action
taken against training providers found at risk. Subsection (f) is
amended to provide notification of at risk status. Subsection (g)
is added to reflect the effective date of these changes.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code
Chapter 1701, §1701.254, Risk Assessment and Inspections, §1701.153,
Reports from Agencies and Schools, and §1701.251, Training Programs;
Instructors.
§215.13.Risk Assessment.
(a) A law enforcement academy may be found at risk if:
(1) after January 1, 2003, if the passing rate on a
licensing examination for first attempts for any state fiscal year
is less than 70 percent of the students attempting the licensing exam;
(2) after September 1, 2009, the passing rate on a
licensing exam for first attempts for any three consecutive state
fiscal years, beginning with state fiscal year 2007 (September 1,
2006 through August 31, 2007) is less than 80 percent of the students
attempting the licensing exam;
(3) commission required learning objectives are not taught;
(4) lesson plans for classes conducted are not on file;
(5) examination and other evaluative scoring documentation
is not on file;
(6) the academy submits false reports to the commission;
(7) the academy makes repeated errors in reporting;
(8) the academy does not respond to commission requests
for information;
(9) the academy does not comply with commission rules
or other applicable law;
(10) the academy does not achieve the goals identified
in its application for a license;
(11) the academy does not meet the needs of the officers
and law enforcement agencies served; or
(12) the commission has received sustained complaints
or evaluations from students or the law enforcement community concerning
the quality of training or failure to meet training needs for the
service area.
(b) A contractual provider may be found at risk if:
(1) the contractor provides licensing courses and fails
to comply with the passing rates in subsection (a)(1) of this section;
(2) lesson plans for classes conducted are not on file;
(3) examination and other evaluative scoring documentation
is not on file;
(4) the provider submits false reports to the commission;
(5) the provider makes repeated errors in reporting;
(6) the provider does not respond to commission requests
for information;
(7) the provider does not comply with commission rules
or other applicable law;
(8) the provider does not achieve the goals identified
in its application for a license or contract;
(9) the provider does not meet the needs of the officers
and law enforcement agencies served; or
(10) the commission has received sustained complaints
or evaluations from students or the law enforcement community concerning
the quality of training or failure to meet training needs for the
service area.
(c) An academic alternative provider may be found at
risk if:
(1) after January 1, 2003, if the passing rate on a
licensing examination for first attempts for any 3 state fiscal year
period is less than 70 percent of the students attempting the licensing
exam;
(2) after September 1, 2009, the passing rate on a
licensing exam for first attempts for any three consecutive state
fiscal years, beginning with state fiscal year 2007 (September 1,
2006 through August 31, 2007) is less than 80 percent of the students
attempting the licensing exam;
(3) courses are not conducted in compliance with Higher
Education Program Guidelines accepted by the commission;
(4) the commission required learning objectives are
not taught;
(5) the program submits false reports to the commission;
(6) the program makes repeated errors in reporting;
(7) the program does not respond to commission requests
for information;
(8) the program does not comply with commission rules
or other applicable law;
(9) the program does not achieve the goals identified
in its application for a license or contract;
(10) the program does not meet the needs of the students
and law enforcement agencies served; or
(11) the commission has received sustained complaints
or evaluations from students or the law enforcement community concerning
the quality of education or failure to meet education needs for the
service area.
(d) If at risk, the chief administrator of the sponsoring
organization, or the training coordinator, must report to the commission
in writing within 30 days what steps have been taken to correct deficiencies
and on what date they expect to be in compliance.
(e) The commission may take action to revoke their
license or contract. The commission may choose not to renew a license
or contract with a program that has been found to be at risk or the
commission may renew the contract for a shorter period than stated
in §215.1 of this chapter.
(f) A training or educational program at risk must
notify all students and potential students of their at risk status.
(g) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902411
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §217.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §217.1,
concerning Minimum Standards for Initial Licensure, with changes to
the proposed text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2109).
The amendment adds language to 37 TAC §217.1, Minimum Standards
for Initial Licensure. Subsection (b) is amended to clarify out-of-state
convictions. Subsection (c) is amended to clarify felony convictions.
Subsection (d) is added to identify factors considered for mitigating
circumstances. Subsection (e) is amended to clarify training requirements.
Subsection (f) is amended to clarify licensing of elected officials.
Subsection (g) is amended to clarify the licensing requirements for
sheriffs. Subsection (h) is amended to clarify the licensing requirements
for constables. Subsection (i) is amended to clarify the provisional
licensing requirements. Subsection (j) is amended to clarify the temporary
jailer licensing requirements. Subsection (k) is amended to clarify
the cancellation of a license. Subsection (l) is amended to reflect
the effective date. Subsections (m) (n) and (o) have been deleted.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code,
Chapter 1701, §1701.253, School Curriculum, §1701.256, Instruction
In Weapons Proficiency Required, §1701.301, License Required, §1701.302,
Certain Elected Law Enforcement Officers; License Required, §1701.306,
Psychological and Physical Examination, §1701.307, Issuance of
License, §1701.309, Age Requirement, §1701.310, Appointment
of County Jailer; Training Required, and §1701.311, Provisional
License for Workforce Shortage.
§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) minimum educational requirements:
(A) has passed a general educational development (GED)
test indicating high school graduation level;
(B) is a high school graduate; or
(C) has 12 semester hours credit from an accredited
college or university.
(2) for peace officers and public security officers,
is 21 years of age, or 18 years of age if the applicant has received
an associate's degree or 60 semester hours of credit from an accredited
college or university or has received an honorable discharge from
the armed forces of the United States after at least two years of
active service; for jailers is 18 years of age;
(3) is fingerprinted and is subjected to a search of
local, state and U.S. national records and fingerprint files to disclose
any criminal record;
(4) community supervision history:
(A) has not ever have been on court-ordered community
supervision or probation for any criminal offense above the grade
of Class B misdemeanor or a Class B misdemeanor within the last ten
years from the date of the court order; but
(B) the commission may approve the application of a
person who received probation or court-ordered community supervision
for a Class B misdemeanor at least five (5) years prior to application
if an agency administrator sufficiently demonstrates in writing with
supporting documentation that mitigating circumstances exist with
the case and with the individual applying for licensure, and that
the public interest would be served by reducing the waiting period;
(5) is not currently charged with any criminal offense
for which conviction would be a bar to licensure;
(6) conviction history:
(A) has not ever been convicted of an offense above
the grade of a Class B misdemeanor or a Class B misdemeanor within
the last ten years; but
(B) the commission may approve the application of a
person who was convicted for a Class B misdemeanor at least five (5)
years prior to application if an agency administrator sufficiently
demonstrates in writing with supporting documentation that mitigating
circumstances exist with the case and with the individual applying
for licensure, and that the public interest would be served by reducing
the waiting period;
(7) has never been convicted of any family violence offense;
(8) is not prohibited by state or federal law from
operating a motor vehicle;
(9) is not prohibited by state or federal law from
possessing firearms or ammunition;
(10) has been subjected to a background investigation
and has been interviewed prior to appointment by representatives of
the appointing authority;
(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;
(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;
(B) the examination may be conducted by qualified persons
identified by §501.004, of the Texas Occupations Code. This requires
the appointing agency to request in writing and receive approval from
the commission, prior to the evaluation being completed; 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) has not been discharged from any military service
under less than honorable conditions including, specifically;
(A) under other than honorable conditions;
(B) bad conduct;
(C) dishonorable;
(D) any other characterization of service indicating bad character;
(14) has not had a commission license denied by final order or revoked;
(15) is not currently on suspension, or does not have
a voluntary surrender of license currently in effect;
(16) meets the minimum training standards and passes
the commission licensing examination for each license sought;
(17) has not violated any commission rule or provision
of the Texas Occupations Code, Chapter 1701; and
(18) is a U.S. citizen.
(b) For the purposes of this section, the commission
will construe any court-ordered community supervision, probation or
conviction for a criminal offense to be its closest equivalent under
the Texas Penal Code classification of offenses if the offense arose from:
(1) another penal provision of Texas law; or
(2) a penal provision of any other state, federal,
military or foreign jurisdiction.
(c) A classification of an offense as a felony at the
time of conviction will never be changed because Texas law has changed
or because the offense would not be a felony under current Texas laws.
(d) 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.
(e) A person must successfully complete the minimum
training required for the license sought:
(1) training for the peace officer license consists of:
(A) the current basic peace officer course;
(B) a commission recognized, POST developed, basic
law enforcement training course, to include:
(i) out of state licensure or certification; and
(ii) submission of the current eligibility application and fee; or
(C) a commission approved academic alternative program,
taken through a licensed academic alternative provider, and after
September 1, 2003, at least an associate's degree.
(2) training for the jailer license consists of the
current basic county corrections course(s);
(3) training for the public security officer license
consists of the current basic peace officer course; and
(4) passing any examination required for the license
sought while the endorsement remains valid.
(f) The commission shall issue a peace officer or jailer
license to any person who is otherwise qualified for that license,
even if that person is not subject to the licensing law or rules by
virtue of election or appointment to office under the Texas Constitution.
(g) A sheriff who first took office on or after January
1, 1994, must meet the licensing requirements of §1701.302 of
the Texas Occupations Code
(h) A constable taking office after August 30, 1999,
must meet the licensing requirements of §86.0021 of the Texas
Local Government Code.
(i) The commission may issue a provisional license,
consistent with §1701.311 of the Texas Occupations Code, to an
agency for a person to be appointed by that agency. An agency must
submit all required applications currently prescribed by the commission
and all required fees before the individual is appointed. Upon the
approval of the application, the commission will issue a provisional
license. A provisional license is issued in the name of the applicant;
however, it is issued to and shall remain in the possession of the
agency. Such a license may neither be transferred by the applicant
to another agency, nor transferred by the agency to another applicant.
A provisional license may not be reissued and expires:
(1) 12 months from the original appointment date;
(2) on leaving the appointing agency;
(3) on the date the holder fails the peace officer
licensing examination for the third time; or
(4) on failure to comply with the terms stipulated
in the provisional license approval.
(j) The commission may issue a temporary jailer license,
consistent with §1701.310 of the Texas Occupations Code. An agency
must submit all required applications currently prescribed by the
commission and all required fees before the individual is appointed.
Upon the approval of the application, the commission will issue a
temporary jailer license. A temporary jailer license expires:
(1) 12 months from the original appointment date;
(2) on completion of training and passing of the jailer
licensing examination; or
(3) on the date the holder fails the jailer licensing
examination for the third time.
(k) A person who fails to comply with the standards
set forth in this section shall not accept the issuance of a license
and shall not accept any appointment. If an application for licensure
is found to be false or untrue, it is subject to cancellation or recall.
(l) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902415
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §223.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §223.15,
concerning Suspension of License, without changes to the proposed
text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2113) and will
not be republished.
The amendment adds language to 37 TAC §223.15, Suspension
of License. Subsection (i) is added to identify factors considered
for mitigating circumstances. Subsection (j) is amended to clarify
the beginning date for a suspension. Subsection (k) is amended to
clarify the probation of a suspension. Subsection (l) is amended to
clarify terms of probation. Subsection (m) is amended to clarify the
length of probation. Subsection (n) is amended to clarify the conditions
for extending a suspension. Subsection (o) is amended to clarify requirements
for reinstatement. Subsection (p) is amended to clarify the notification
responsibilities of the commission. Subsection (q) is amended to clarify
the length of a suspension. Subsection (r) is added to reflect the
effective date of these changes.
One comment was received from the Houston Police Officer's Union
regarding adoption of this amendment. The comment questioned whether
the "and" in subsection (i)(9) made all of the items required before
mitigating circumstances could be considered. The agency response
is that subsection (i) is to identify which items will be considered
when determining mitigating factors for each case.
The amendment is adopted under Texas Occupations Code
Chapter 1701, §1701.501, Disciplinary Action and §1701.502,
Felony Conviction or Placement On Community Supervision.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902416
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §223.16
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §223.16,
concerning Suspension of License for Constitutionally Elected Officials,
without changes to the proposed text as published in the March 27,
2009, issue of the Texas Register (34
TexReg 2114) and will not be republished.
The amendment adds language to 37 TAC §223.16, Suspension
of License for Constitutionally Elected Officials. Subsection (i)
is added to identify factors considered for mitigating circumstances.
Subsection (j) is amended to clarify the beginning date for a suspension.
Subsection (k) is amended to clarify the probation of a suspension.
Subsection (l) is amended to clarify terms of probation. Subsection
(m) is amended to clarify the length of probation. Subsection (n)
is amended to clarify the conditions for extending a suspension. Subsection
(o) is amended to clarify requirements for reinstatement. Subsection
(p) is amended to clarify the notification responsibilities of the
commission. Subsection (q) is amended to clarify the length of a suspension.
Subsection (r) is added to reflect the effective date of these changes.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code
Chapter 1701, §1701.501, Disciplinary Action and §1701.502,
Felony Conviction or Placement On Community Supervision.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902417
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §223.20
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §223.20,
concerning Revocation of License for Constitutionally Elected Officials,
without changes to the proposed text as published in the March 27,
2009, issue of the Texas Register (34
TexReg 2118) and will not be republished.
The amendment adds language to 37 TAC §223.20, Revocation
of License for Constitutionally Elected Officials. Subsection (b)
is amended to clarify felony convictions for revocation. Subsection
(c) is amended to clarify misdemeanors directly related to duties
for revocation. Subsection (d) is amended to clarify that revocation
is a permanent disqualification. Subsection (e) is amended to clarify
the process for conditional revocation. Subsection (f) is amended
to clarify the reinstatement process. Subsection (g) is amended to
clarify the notification responsibilities of the commission. Subsection
(h) is amended to clarify the revocation of licenses. Subsection (i)
is amended to clarify the date of revocation. Subsection (j) is amended
to reflect the effective date of these changes. Subsections (k), (l),
and (m) have been deleted.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code
Chapter 1701, §1701.501, Disciplinary Action and §1701.502,
Felony Conviction or Placement On Community Supervision.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902418
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
37 TAC §229.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, §229.3,
concerning Specific Eligibility of Memorial, with changes to the proposed
text as published in the March 27, 2009, issue of the Texas Register
(34 TexReg 2120) and will be republished.
The amendment adds language to 37 TAC §229.3, Specific Eligibility
of Memorial. The title will be amended to reflect the title of Texas
Government Code §3105.003. Subsection (a) is amended to reflect
changes to the Texas Government Code §3105.003 and to clarify
the eligibility requirements. Subsection (b) is amended to reflect
the effective date of these changes.
No comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Government Code,
Chapter 3150, §3105.003, Eligibility for Memorial.
§229.3.Specific Eligibility of Memorial.
(a) An officer identified in §229.1 of this chapter
is eligible for inclusion on the memorial if the fatal incident:
(1) was a direct result of a line of duty, on or off
duty incident;
(2) was an indirect result but directly attributed
to a line of duty, on or off duty incident; or
(3) was a direct result of a felonious assault on the
officer, perpetrated because of the officer's status, regardless of
duty status.
(b) The effective date of this section is July 6, 2009.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902412
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: July 6, 2009
Proposal publication date: March 27, 2009
For further information, please call: (512) 936-7700
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
CHAPTER 217. LICENSING REQUIREMENTS
CHAPTER 223. ENFORCEMENT
CHAPTER 229. TEXAS PEACE OFFICERS' MEMORIAL