TITLE public-safety-and-corrections

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).

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 amendments 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 amendments 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.

No comments were received regarding the adoption of these 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 April 26, 1999.

TRD-9902459

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: June 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 published in the February 12, 1999, issue of the Texas Register (24 TexReg 928).

The new section is being adopted to be in accordance with the State Office of Administrative Hearings requirements concerning contested case hearings.

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 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 April 26, 1999.

TRD-9902461

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: June 1, 1999

Proposal publication date: February 12, 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 published in the February 12, 1999, issue of the Texas Register (24 TexReg 929).

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.

A meeting was held prior to the publication of the proposed new §211.27 in the Texas Register . At the meeting the following two comments were 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.

The 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 April 26, 1999.

TRD-9902462

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: June 1, 1999

Proposal publication date: February 12, 1999

For further information, please call: (512) 936-7700


Chapter 217. Licensing Requirements

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 published in the February 12, 1999, issue of the Texas Register (24 TexReg 930).

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.

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 April 26, 1999.

TRD-9902460

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: June 1, 1999

Proposal publication date: February 12, 1999

For further information, please call: (512) 936-7700