Part VII.
Texas Commission on Law Enforcement Officer Standards and Education
Chapter 211.
Administration
37 TAC §§211.1, 211.3, 211.15, 211.21, 211.22
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts amendments to Title 37, Texas Administrative
Code, §211.1, concerning definitions, §211.3, concerning the filing
of documents, §211.15, concerning license action, §211.21, concerning
fees and payments and §211.22, concerning issuance of duplicates or documents,
without changes to the proposed text as published in the February 12, 1999,
issue of the
Texas Register
(24 TexReg 926).
Therefore, the text will not be republished.
Section §211.1 will be amending the existing terms, accredited college
or university and executive director. This section will also be amended to
include new definitions for ALJ or Administrative Law Judge, Hearing examiner
or Judge and SOAH-State Office of Administrative Hearings. The amendments
to §211.3 eliminates some existing language changing the circumstances
of when documents relating to matters before the Commission are considered
appropriately filed and received by the executive director or SOAH. The amendment
to §211.15 eliminates the language concerning license expiration or deactivation
and the setting of a hearing by the commission upon petition by the holder
of an expired or deactivated license. The amendments to §211.21 eliminates
the option of cash payments being remitted to the commission by a person,
agency or other entity. The amendment to §211.22 include additional language
concerning the issuance of a document when all requirements had been previously
met in instances when the Commission is issuing a duplicate of a document.
Please note that the notice of adoption of §§211.1, 211.3, 211.15,
211.21, 211.22 published in the May 14, 1999, issue of the
Texas Register
(24 TexReg 3730) was published in error. These rules,
§§211.1, 211.3, 211.15, 211.21, and 211.22 are hereby adopted pursuant
to this publication.
No comments were received regarding the adoption of the amended sections.
The amendments are adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904973
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: February 12, 1999
For further information, please call: (512) 936-7700
37 TAC §211.10
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts new to Title 37, Texas Administrative Code,
§211.10, concerning proposals for decision and exceptions or briefs.
The new section is being adopted without changes to the proposed text as published
in the February 12, 1999, issue of the
Texas Register
(24 Tex Reg 928). Therefore, the text will not be republished.
The new section is being adopted to be in accordance with the State Office
of Administrative Hearings requirements concerning contested case hearings.
Please note that the notice of adoption of §211.10 published in the
May 14, 1999, issue of the
Texas Register
(24 TexReg 3731) was published in error. This rule, §211.10, is hereby
adopted pursuant to this publication.
The new section explains the rights of an adversely affected party to file
exceptions or briefs in response to a proposal for decision.
No comments were received regarding the adoption of this new section.
The new section is adopted under Texas Government Code annotated,
Chapter 415, §415.010 which authorizes the Commission to adopt rules
for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904972
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: February 12, 1999
For further information, please call: (512) 936-7700
37 TAC §211.17
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts amendments to Title 37, Texas Administrative
Code, §211.17, concerning the appeals process for license holders, without
changes to the proposed text as published in the May 14, 1999, issue of the
The amendment is proposed to be in accordance with the requirements of
the Administrative Procedure Act, Texas Government Code 2001.
No comments were received regarding the adoption of this section.
The amendment is adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904965
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §211.27
The Texas Commission on Law Enforcement Officer Standards
and Education adopts new to Title 37, Texas Administrative Code, §211.27,
concerning license renewal. The new section is being adopted without changes
to the proposed text as published in the February 12, 1999, issue of the
The new section is being adopted to implement a procedure whereby licenses
of persons who fail to obtain legislatively mandated continuing education
will automatically expire on the 2 year anniversary date of licensing.
Please note that the notice of adoption of §211.27, published in the
May 14, 1999, issue of the
Texas Register
(24 TexReg 3731) was published in error. This rule, §211.27, is hereby
adopted pursuant to this publication.
The Commission received a comment from a staff member of the Dallas Police
Department's Training Academy concerning the dates that had originally been
listed in this section of when the licenses would be renewed; a change was
made in the renewal date.
One other comment was received from the Chief of Police of the Richardson
Police Department who suggested that the Commission add some language to subsection
(b) of this section concerning the notification of license holders who are
not in compliance with the continuing education requirements of the fact that
the license will not be renewed not only six months prior to expiration, but
notifying them a second time when the license actually expired; an addition
was made by including this language in subsection (b) of this section.
The new section is adopted under Texas Government Code Annotated,
Chapter 415, §415.010 which authorizes the Commission to adopt rules
for the administration of Chapter 415, and §415.052 which authorizes
the Commission to issue licenses.
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 August
9, 1999.
TRD-9904971
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: January 1, 2000
Proposal publication date: February 12, 1999
For further information, please call: (512) 936-7700
37 TAC §211.29
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts new of Title 37, Texas Administrative Code,
§211.29 concerning the execution of orders showing action taken at commission
meetings. The new section is adopted without changes to the proposed text
as published in the May 14, 1999, issue of the
Texas
Register
(24 TexReg 3687). Therefore, the text will not be republished.
The new section is being adopted to be in accordance with the State Office
of Administrative Hearings requirements concerning orders showing action taken
at Commission meetings. The new section explains the authority that the chairman
or presiding officer have when signing written orders showing actions taken
by the Commissioners.
No comments were received regarding the adoption of this new section.
The new section is adopted under Texas Government Code Annotated,
Chapter 415, §415.010(1), which authorizes the Commission to adopt rules
for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904968
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: December 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §217.11
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts new to Title 37, Texas Administrative Code,
§217.11, concerning waiver of continuing education requirements. The
new section is being adopted without changes to the proposed text as published
in the February 12, 1999, issue of the
Texas Register
(24 Tex Reg 930).
Therefore, the text will not be republished.
Please note that the notice of adoption of §217.11, published in the
May 14, 1999, issue of the
Texas Register
(24 TexReg 3731) was published in error. This rule §217.11, is hereby
adopted pursuant to this publication.
The new section is being adopted to implement procedures that are to be
applied in instances when a licensee requests a waiver of the continuing education
requirements due to mitigating circumstances which justify the licensee's
failure to obtain the required education. This section also explains the rights
of a licensee if his/her request for a waiver is denied.
The new section is adopted under Texas Government Code annotated,
Chapter 415, §415.010 (1) which authorizes the Commission to adopt rules
for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904970
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: January 1, 2000
Proposal publication date: February 12, 1999
For further information, please call: (512) 936-7700
37 TAC §221.17
The Texas Commission on Law Enforcement Officer Standards
and Education adopts and amendment to Title 37, Texas Administrative Code,
§221.17, concerning peace officer proficiency certificates for license
holders, without changes to the proposed text as published in the May 14,
1999, issue of the
Texas Register
(24 TexReg
3687). Therefore, the text will not be republished.
The amendment is proposed to implement a new option for license holders
who seek to obtain the current intermediate peace officer certification. The
license holder will now have the option of completing four out of five courses.
Spanish for Law Enforcement has been added as an option to the course requirement
list.
No comments were received regarding the adoption of the amended section.
The amendment is adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904964
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §221.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts amendments to Title 37, Texas Administrative
Code, §221.19, concerning jailer proficiency certificates for license
holders without changes to the proposed text as published in the May 14, 1999,
issue of the
Texas Register
(24 TexReg 3689).
Therefore, the text will not be republished.
The amendment to §221.19 includes a new option for license holders
who seek to obtain the current intermediate jailer certification. The license
holder will now have the option of completing four out of five courses. Spanish
for Law Enforcement has been added as an option to the course requirement
list.
No comments were received regarding the adoption of the amended section.
The amendment is adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904963
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §221.25
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts amendments to Title 37, Texas Administrative
Code, §221.25, concerning emergency telecommunications operator proficiency
certificates, without changes to the proposed text as published in the May
14, 1999, issue of the
Texas Register
(24
TexReg 3689). Therefore, the text will not be republished.
The amendment is proposed to add the word operator to the title of this
section.
No comments were received regarding the adoption of this section.
The amendment is adopted under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the Commission to promulgate
rules for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904969
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §221.26
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts new to Title 37, Texas Administrative Code,
§221.26, concerning emergency telecommunication technician proficiency
certificates. The new section is adopted without changes to the proposed text
as published in the May 14, 1999, issue of the
Texas
Register
(24 Tex Reg 3690). The text will not be republished.
The new section is being adopted to implement a new proficiency certification
for emergency telecommunication technicians.
No comments were received regarding the adoption of this section.
The new section is adopted under Texas Government Code Annotated, Chapter
415, §415.010(1), which authorizes the Commission to adopt rules for
the administration of Chapter 415.
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 August
9, 1999.
TRD-9904966
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
37 TAC §221.37
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts new to Title 37, Texas Administrative Code,
§221.37, concerning the Commission's requirements that must be met to
be awarded the academic recognition award; considered by the Commission to
be a special accomplishment. The new section is adopted without changes to
the proposed text as published in the May 14, 1999, issue of the
Texas Register
(24 Tex Reg 3690). Therefore, the text will not be republished.
No comments were received regarding the adoption of this section.
The new section is proposed under Texas Government Code Annotated,
Chapter 415, §415.010(1), which authorizes the Commission to adopt rules
for the administration of Chapter 415.
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 August
9, 1999.
TRD-9904967
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: September 1, 1999
Proposal publication date: May 14, 1999
For further information, please call: (512) 936-7700
Chapter 379.
Administrative Rules
Chapter 217.
Licensing Requirements Division
Chapter 221.
Proficiency Certificates and Other Post-Basic Licenses
Part XII.
Texas Military Facilities Commission