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) adopts an amendment to Title 37, §215.15 concerning enrollment standards, with changes to the proposed text as published in the January 16, 2009, issue of the Texas Register (34 TexReg 322) and will be republished.
The amendment adds language to 37 TAC §215.15(c) for medical and psychological evaluations to the enrollment requirements for basic peace officer training.
At this time, no comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code, §1701.151, General Powers of Commission; Rulemaking Authority.
§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) written documentation that the person is currently licensed by the commission; or
(2) if the individual is not licensed by the commission, documentation that the individual has been subjected to a search of local, state and national records to disclose any criminal record;
(A) is not currently charged with any criminal offense for which conviction would be a bar to licensure;
(B) community supervision history:
(i) has never been on court-ordered community supervision or probation for any criminal offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order; but
(ii) the commission may approve the application of an individual who received probation or court-ordered community supervision for a Class B misdemeanor at least five (5) years prior to enrollment 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;
(C) conviction history:
(i) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years; but
(ii) the commission may approve the application of an individual who was convicted of a Class B misdemeanor at least five (5) years prior to enrollment 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.
(D) For 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:
(i) another penal provision of Texas law; or
(ii) a penal provision of any other state, federal, military or foreign jurisdiction.
(E) 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 law.
(F) has never been convicted of any family violence offense;
(G) is not prohibited by state or federal law from operating a motor vehicle;
(H) is not prohibited by state or federal law from possessing firearms or ammunition; and
(I) is a U.S. citizen.
(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:
(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.
(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) 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.
(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.
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 March 11, 2009.
TRD-200901086
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: May 1, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 936-7713
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts the repeal of and new §217.7, concerning Reporting the Appointment and Termination of a Licensee, without changes to the proposal as published in the January 16, 2009, issue of the Texas Register (34 TexReg 323) and will not be republished.
Through the adopted new §217.7, adopted to be effective May 1, 2009, the Commission is reflecting changes made by House Bill 2445 of the 80th Texas Legislature. The adopted action would repeal the current requirements from rule and specify the reporting requirements of an agency receiving a preemployment request and the termination reporting requirements.
Adopted new §217.7, Reporting the Appointment and Termination of a Licensee, would clarify the preemployment requirements, agency responsibilities, and break in service requirements.
At this time, no comments were received regarding adoption of this proposal.
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 March 11, 2009.
TRD-200901043
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: May 1, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 936-7713
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 March 12, 2009.
TRD-200901053
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: May 1, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 936-7713
The Texas Commission on Law Enforcement Officer Standards and Education (Commission) adopts an amendment to §229.1, concerning General Eligibility of Deceased Texas Peace Officers, without changes to the proposed text as published in the January 16, 2009, issue of the Texas Register (34 TexReg 324) and will not be republished.
The amendment will change the title to reflect the title of Texas Government Code, §3105.003. Subsection (a) is amended to reflect changes to the Texas Government Code, §3105.003. These amendments are necessary to ensure that the Commission's rule is in compliance with the statute, which allows eligibility for federal law enforcement officers and municipal, county, or state corrections or detention officers.
At this time, no comments were received regarding adoption of this amendment.
The amendment is adopted under Texas Occupations Code, Chapter 1701, §1701.151, General Powers of the Commission; Rulemaking Authority, which authorizes the Commission to promulgate rules for administration of this chapter.
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 March 11, 2009.
TRD-200901046
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: May 1, 2009
Proposal publication date: January 16, 2009
For further information, please call: (512) 936-7713