Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter A. COMMITMENT AND RECEPTION
37 TAC §85.3
The Texas Youth Commission (TYC) adopts an amendment to §85.3,
concerning Admission Process, with changes to the proposed text as published
in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1847). Changes to the proposed text consist of minor grammatical
corrections.
The justification for amending the section is the availability of clear,
accurate, and current policy. The amendment reflects a terminology change
relating to documentation used to track each youth's progress through TYC.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0364,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
§85.3.Admission Process.
(a)
Purpose. The purpose of this rule is to establish the location
and protocol whereby youth committed to the Texas Youth Commission (TYC) are
received into the custody of the agency.
(b)
Intake activities, including receipt of the youth from
the committing county, shall be performed by the TYC diagnostic intake unit,
Marlin Orientation and Assessment Unit located at Marlin, Texas.
(c)
The Marlin Orientation and Assessment Unit in Marlin, Texas,
receives youth committed to TYC between 8 a.m. and 8 p.m., Monday through
Friday.
(d)
Youth are not allowed to have personal possessions while
at the assessment unit. Personal items are inventoried and returned to the
county transporter. The transporter and youth are asked to sign an inventory/receipt
for property items returned to the transporter's care. Items a youth may be
allowed to keep are inventoried and a copy is given to the youth.
(e)
Parents are notified:
(1)
of youth's admission;
(2)
of TYC's medical consent authority;
(3)
of procedures for mail and visits; and
(4)
that TYC will use chemical agents as necessary to control
conduct if certain behavior criteria are met.
(f)
Orientation to the admissions process and the TYC system
is provided and documented as required in (GAP) §91.15 of this title
(relating to Youth Orientation).
(g)
Routine admission procedures include, but are not limited
to the following:
(1)
Each youth and his possessions are searched.
(2)
Youth property, if any, is inventoried.
(3)
A body identification form is completed, each youth showers,
is screened for pediculosis, and receives treatment if indicated.
(4)
Initial health screening is performed for each youth.
(5)
Clothing is issued.
(6)
Personal hygiene articles are made available as needed.
(7)
Each youth may be photographed and fingerprinted. The photograph
and fingerprints are filed in the youth's casework subfile.
(8)
Intake staff assigns each youth an official TYC registration
number.
(9)
Initiation of sex offender registration with the Texas
Department of Public Safety (DPS), as required by law.
(10)
A youth is required to provide a blood sample for the
DPS DNA database if the youth:
(A)
has a conviction or adjudication for capital murder, murder,
aggravated assault, burglary of a habitation, or any offense for which the
youth must register as a sex offender; or
(B)
is ordered by the juvenile court to provide a sample.
(h)
In addition to assessment and placement activities, counseling
and academic education are provided.
(i)
TYC staff transports youth to their initial placements
and notifies the family, the parole officer, committing court, prosecuting
attorney, chief probation officer, and others as needed of the placement location.
(j)
Staff shall provide a written explanation of Sec. 58.209
of the Texas Family Code, regarding access to records, and a copy will be
provided to the parent/guardian or custodian.
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 5, 2004.
TRD-200402306
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
37 TAC §85.43, §85.45
The Texas Youth Commission (TYC) adopts an amendment to §85.43,
concerning Home Placement, with changes to the proposed text as published
in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1847). Changes to the proposed text have been made to update
a reference to the recently renamed Texas Department of Family and Protective
Services (DFPS). TYC also adopts an amendment to §85.45, concerning Parole
of Undocumented Foreign Nationals, without changes to the proposed text as
published in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1848).
The justification for amending the sections is availability of clear, accurate,
and current policy. The amendment to §85.43 revises the schedule for
the follow-up home placement assessment for youth classified as Type A-Violent
to be tied more closely to the youth's progress through TYC. Terminology changes
are also made. The amendment to §85.45 replaces references to the U.S.
Immigration and Naturalization Service (INS) with U.S. Immigration and Customs
Enforcement (ICE).
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The adopted rules implement the Human Resources Code, §61.034.
§85.43.Home Placement.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures used by Texas Youth Commission (TYC) staff to determine whether
a youth in TYC jurisdiction will be allowed to return to his/her home on completion
of program requirements or whether alternative living arrangements must be
sought.
(b)
Applicability.
(1)
This policy applies to all committed youth who will be
placed on parole prior to age 21.
(2)
For Determinate Sentenced offenders, if the minimum period
of confinement date will occur on or after the youth's 19th birthday, the
parole officer is exempt from completing home assessments or updates since
the youth, if released to parole, will be under the supervision of the Texas
Department of Criminal Justice-Parole Division (TDCJ-PD).
(3)
Other related policies may apply such as (GAP) §87.91
of this title (relating to Family Reintegration of Sex Offenders) and (GAP) §85.45
of this title (relating to Parole of Undocumented Foreign Nationals).
(c)
Explanation of Terms Used.
(1)
Approved Home Placement Status--occurs when the assessment
indicates conditions that could facilitate the rehabilitative adjustment of
the youth.
(2)
Disapproved Home Placement Status--occurs when the assessment
indicates conditions that would impede the rehabilitative adjustment or threaten
safety of the youth and/or other individuals in the home.
(3)
Incomplete Home Placement Status--the assessment process
is not complete.
(4)
Placement Objection--occurs when a home assessment indicates
that none of the criteria for disapproval of the home exists but:
(A)
the parent provides in writing that he/she cannot or will
not supervise the youth; or
(B)
the parent provides in writing that the youth is not welcome
in the home; or
(C)
a parent refusing to accept supervision of his/her child
under the age of 18, and/or a TYC youth claiming abuse in the home, will be
reported to the Department of Family and Protective Services (DFPS).
(5)
Sexual Abuse Victim--a person who, as the result of a sexual
offense, suffers a pecuniary loss or personal injury or harm.
(6)
Potential Sexual Abuse Victim--a person who has a profile
similar to that of the victim of the sexual offense, such as gender, age,
etc., or who has a profile that triggers the delinquent's deviant or abusive
sexual arousal patterns.
(d)
Home Placement Assessment.
(1)
The assigned parole officer shall assess the home of each
youth in his/her jurisdiction and shall determine whether the home is approved
or disapproved for placement. The assigned parole officer will also determine
whether the youth will be returned to his/her home upon release from residential
placement. Each home assessment will be completed in the home of the youth's
legal parent(s), guardian, or relative who has volunteered to have the youth
placed in his/her home. The home assessment process is also applicable to
all youth properly referred to parole officers through the Texas Interstate
Compact on Juveniles (ICJ) Office.
(2)
Within 90 days of admission to TYC, all homes shall be
either approved or disapproved as a result of a completed home placement assessment.
(3)
The home placement assessment status may be changed but
only as a result of a follow-up home placement assessment by the assigned
parole officer.
(4)
A completed home placement assessment shall be considered
current for any youth released to his/her home within 12 months of the first
day counted on the minimum length of stay. Home placement assessment follow-ups
will be conducted annually thereafter.
(5)
For Type A violent offenders who have a minimum length
of stay of 24 months, the follow-up home assessment is to be conducted within
45 days after completion of phase A2B2C3 and be incorporated into the transition
plan.
(6)
Any time new evidence or special circumstances warrant,
a follow-up home placement assessment may be conducted.
(e)
Home Approval/Disapproval Criteria. A youth's home shall
be considered approved unless one or more of the following disapproval criteria
exists, and can be documented:
(1)
physical abuse;
(2)
sexual abuse;
(3)
physical absence of parent caretaker due to criminal incarceration
or physical/ psychiatric hospitalization;
(4)
serious physical/survival neglect;
(5)
legal termination of parental rights for youth under 18
years of age;
(6)
the youth is a sex offender and criteria/requirements in
(GAP) §87.91 of this title have not been met;
(7)
the youth is an undocumented foreign national and a copy
of the notice from TYC to the Immigration and Customs Enforcement Agency (ICE)
has not been received by the parole officer as outlined in (GAP) §85.45
of this title.
(f)
Parole Placement.
(1)
Approved Home--Placement Objection Exists. An approved
home with objections exists when the parents/guardian refuses or is unable
to accept supervision and placement in the home. The parole officer and primary
service worker (PSW) will determine alternative home placements. Alternative
home placements may be determined depending on whether or not the youth is
over 18 years of age.
(2)
Disapproved Home Placement.
(A)
Youth with disapproved homes will not be returned/placed
in their homes.
(B)
A disapproved home may be reversed if the TYC parole staff
determines specific actions have been taken to correct any deficiencies.
(C)
Parents are immediately informed in writing when the home
is disapproved for placement and the reasons for such. Any action that the
parent may take to correct a deficiency is included.
(D)
Emergency furloughs of youth with a current disapproved
home may be granted if necessary.
(E)
TYC parole staff will seek documented evidence of relevant
problems found by another agency to determine if disapproval criteria exist.
(F)
If the youth is under 18 years of age and will not be returning
home, staff will seek assistance from the parent(s) in locating a relative
who might be willing to have the youth placed in their home. If the home of
the relative is approved, a youth may be placed in the home unless the parent(s)
strongly objects to such placement in which case alternatives are sought.
When a suitable relative cannot be located, an alternative program placement
will be required.
(3)
Alternative Home Placement for Youth at the Age of 18 and
over with an Approved Home with Objections or a Disapproved Home Placement.
(A)
For youth at the age of 18 and over whose parent/guardian
has refused placement, the parole officer may place the youth in an approved
home location of a non-relative. If the parent/guardian has an objection to
the non-relative placement, the objections will be considered in the final
decision, however, placement may still occur in spite of the parental objections.
(B)
An alternative home placement for youth at the age of 18
and over shall be considered approved unless one or more of the following
criteria exist, and can be documented:
(i)
there is physical absence of a dwelling;
(ii)
the legal head of household is unwilling to allow youth
to live in the home;
(iii)
the youth is a sex offender and the victim or potential
victim presently resides in the home and requirements for placement have not
been met as per (GAP) §87.91 of this title;
(iv)
the individuals residing in the home are on adult probation
or parole and are not related to the youth;
(v)
there is documented evidence that the individual(s) residing
in the home have had negative and/or unsafe influence or impact on the youth.
(C)
When an alternative home placement cannot be approved,
the assigned parole officer shall immediately inform the residential PSW so
that a second viable alternative home placement may be identified.
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 5, 2004.
TRD-200402307
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
Subchapter A. PROGRAM PLANNING
37 TAC §87.1
The Texas Youth Commission (TYC) adopts an amendment to §87.1,
concerning Case Planning, without changes to the proposed text as published
in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1848).
The justification for amending the section is to facilitate individualized
case management for each youth, based on the youth's need for services, to
the extent possible within agency resources.
The amendment establishes that the Individual Case Plan will be updated
and reviewed monthly, include adaptations for youth with identified special
needs, and include a plan for transitioning the youth back into the community.
Definitions of certain terms are also revised.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require youth
committed to its care to participate in moral, academic, vocational, physical,
and correctional training and activities, and §61.034, which provides
the Commission with the authority to make rules appropriate to the proper
accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
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 5, 2004.
TRD-200402308
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
37 TAC §87.51
The Texas Youth Commission (TYC) adopts an amendment to §87.51,
concerning Special Needs Offenders, without changes to the proposed text as
published in the March 5, 2004, issue of the
Texas
Register
(29 TexReg 2269).
The justification for amending the section is to establish a standardized
process for assessing and prioritizing youth for placement in specialized
treatment programs. The amendment establishes the basis for eligibility for
specialized treatment programs. The amendment also clarifies which youth are
eligible for specialized aftercare while on parole in the community.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require a
child to participate in moral, academic, vocational, and correctional training
and activities, and §61.034, which provides the Commission with the authority
to make rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
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 5, 2004.
TRD-200402312
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 424-6014
37 TAC §87.75
The Texas Youth Commission (TYC) adopts an amendment to §87.75,
concerning Mentally Retarded Offender Program, without changes to the proposed
text as published in the February 13, 2004, issue of the
Texas Register
(29 TexReg 1303).
The justification for amending the section is to name the section to appropriately
describe the purpose of TYC's Mentally Retarded Offender Program (MROP). The
new rule name does not imply, as did the previous title, that the MROP is
"treating" the mentally retarded youth, in the sense that TYC is not going
to cure or treat mental retardation.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
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 5, 2004.
TRD-200402313
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 13, 2004
For further information, please call: (512) 424-6014
37 TAC §§87.87, 87.89, 87.91
The Texas Youth Commission (TYC) adopts amendments to §87.87,
concerning Sex Offender Risk Assessment, and §87.89, concerning Use of
Clinical Polygraph in the Sexual Behavior Treatment Program, without changes
to the proposed text as published in the February 27, 2004, issue of the
TYC also adopts an amendment to §87.91, concerning Family Reintegration
of Sex Offenders, with changes to the proposed text as published in the February
27, 2004, issue of the
Texas Register
(29
TexReg 1850). Changes to the proposed text consist of updating a reference
to the recently renamed Department of Family and Protective Service (DFPS).
The justification for amending the sections is the availability and use
of clear, accurate, and current policy. The amendments to the sections reflect
the updated name of the Sexual Behavior Treatment Program (SBTP). The amendment
to §87.87 also includes a terminology change relating to documentation
used to track each youth's progress through TYC.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
§87.91.Family Reintegration of Sex Offenders.
(a)
Purpose. The purpose of this rule is to provide protection
for the victim or potential victim of documented sex offenders who are returning
home and the victim or potential victim lives in the home. This rule also
applies to offenders who have been adjudicated for a sexual offense or as
a result of a plea bargain for the arrest of a sexual offense.
(b)
Explanation of Terms Used.
(1)
Family--as used herein, shall refer to the family members
who live in the designated home placement, including the victim or potential
victim(s).
(2)
Victim--shall refer to a person who, as the result of the
sexual offense, suffers a pecuniary loss, personal injury, or harm.
(3)
Potential Victim--shall refer to a person who has a profile
similar to the victim of the delinquent's sexual offense, such as gender,
age, etc., or who has a profile that triggers the delinquent's deviant or
abusive sexual arousal patterns.
(c)
Requirements for Family Reintegration.
(1)
The parole officer conducts a home evaluation and completes
a checklist of risk factors associated with sexual re-offending.
(2)
The primary service worker (PSW) contacts the Texas Department
of Family and Protective Services (DFPS) 90 days prior to the youth's scheduled
release to determine whether there is an open or closed Child Protective Service
(CPS) case and to consider any concerns of CPS staff related to the victim
or other vulnerable children in the home.
(3)
If the victim is in treatment, the PSW notifies the victim's
therapist that the offender is returning to the home where the victim resides.
(4)
The offender has demonstrated sufficient progress in treatment
to be ready to return home as evidenced by the completion of Phase 4 of the
Resocialization Program and/or completion of the Sexual Behavior Treatment
Program (SBTP).
(5)
The offender must have provided the family with his/her
success plan that contains specific plans to cope with high-risk situations
that will ensure the victim/potential victim's safety in the home.
(6)
The residential PSW, the parole officer, youth, and family
develop the youth's family reintegration and transition plans and are all
in agreement with the plan.
(7)
The parole officer completes the parole individual case
plan and parole conditions and a checklist that identifies strategies to minimize
risk factors for sexual re-offending.
(8)
For those youth that have received primary sex offender
specialized treatment, aftercare services are secured for the youth while
on parole.
(9)
A parole officer conducts at least one (1) contact per
month in the home while the youth is on double intensive, intensive, or moderate
surveillance. At least one (1) in-home contact per quarter must be made while
the youth is on minimum surveillance.
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 5, 2004.
TRD-200402314
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
Subchapter C. YOUTH EMPLOYMENT AND WORK
37 TAC §91.63
The Texas Youth Commission (TYC) adopts an amendment to §91.63,
concerning Youth Industries Program, Initial Preparation, with changes to
the proposed text as published in the February 13, 2004, issue of the
The justification for amending the section is compliance with recently
enacted legislation and the availability of accurate, clear, and current TYC
policies. The amendment to the section does not impact the original purpose
of the rule, but rather, updates the staff involved in creating a Cost Accounting
Center, and better matches the language of the rule and activities to the
State and Federal Legislation that governs Prison Industries Enhancement Programs.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.121,
which requires the Texas Youth Commission to provide adequate employment and
vocational training for youth in its care.
The adopted rule implements the Human Resources Code, §61.034.
§91.63.Youth Industries Program, Initial Preparation.
(a)
Purpose. The purpose of this rule is to establish preliminary
activities necessary for creating a Cost Accounting Center (CAC) and implementing
a Youth Industries Program as authorized by Chapter 61 of the Human Resources
Code and in compliance with Chapter 18 of the United States Code §1761.
(b)
Designation as a Cost Accounting Center. The Texas Youth
Commission's (TYC's) Employment Training Program Administrator (ETPA) will
seek a designation as a CAC for a proposed employer, whereby goods and services
made as a result of a TYC industry program may be sold in interstate commerce
and to the federal government pursuant to Chapter 497 of the Government Code.
(c)
Application. An employer who seeks a CAC designation shall
submit to the ETPA the following:
(1)
TYC prescribed application form;
(2)
Business plan;
(3)
Account information;
(4)
Job description;
(5)
Letter of certification of non-impairment of existing service
contracts;
(6)
Certification of eligibility to receive state funds, grant
or loan;
(7)
Liability insurance policy;
(8)
Workers' Compensation insurance policy or an equivalent
policy;
(9)
Workplace safety guidelines;
(10)
CAC environmental information form;
(11)
Occupancy agreement (memorandum of understanding (MOU)
with TYC); and
(12)
Other information required to obtain CAC designation.
(d)
Prison Industry Enhancement Certification Program (PIECP)
Wage and Displacement of Worker Assurance.
(1)
As a part of the CAC designation process, the ETPA shall
obtain from the Texas Workforce Commission (TWC) the following:
(A)
the PIECP wage rates, which for TYC youth is the federal
minimum wage because of the age of the youth and the extensive training component
of their employment.
(B)
a determination on the displacement of workers created
by the proposed place of employment.
(2)
The ETPA shall maintain files of correspondence with TWC
and shall annually obtain from TWC for each approved CAC a new listing of
wage rates. The PIECP wage rates are the wage rates paid by an employer for
similar work in that locality as determined by TWC.
(e)
Consultation With Business and Labor Organizations.
(1)
As a part of the CAC designation process, the ETPA shall
consult with representatives of local businesses and labor central bodies,
if any, and the Texas AFL-CIO and the Texas Association of Business and Chambers
of Commerce.
(2)
The ETPA shall advise in writing the business and labor
organizations of the following:
(A)
identification of the scope of the intended project, including
projected number of jobs for TYC youth and non-TYC youth workers;
(B)
projected initiation date;
(C)
information regarding PIECP participation;
(D)
PIECP wage information;
(E)
worker displacement information;
(F)
an explanation that statutory consultation is required;
(G)
a statement by the CAC applicant that the industry project
will not impair existing contracts for services; and
(H)
a statement indicating that comments are invited.
(3)
To the extent required by law, the ETPA shall advise the
appropriate business and labor organizations as to the status of each such
project at least annually, and at the time, solicit additional comments, concerns,
and recommendations.
(4)
A file of correspondence and contacts with business and
labor organizations shall be maintained.
(f)
National Environmental Policy Act Compliance.
(1)
The ETPA will obtain from the CAC a completed CAC Environmental
Information form.
(2)
The ETPA shall request and obtain verification of environmental
and cultural resource compliance from the following entities:
(A)
United States Fish and Wildlife Service;
(B)
Texas Commission on Environmental Quality;
(C)
Council of Texas Archeologists or other qualified archeologist
or archeology society;
(D)
United States Department of Agriculture Natural Resources
Conservation Service (Soil Survey); and
(E)
Federal Emergency Management Agency (Flood Hazard Mapping).
(g)
Youth Participation.
(1)
TYC youth employment is voluntary and is limited to eligible
youth. A youth's eligibility for employment is to be determined by TYC staff
with consideration for age, behavior, training and education.
(2)
To participate in a CAC, youth must comply with all program
rules, regulations, and requirements.
(h)
Wage Withholding.
(1)
TYC youth shall be paid the PIECP wage rate.
(2)
The wages of TYC youth are subject to deductions for income
taxes, Social Security and Medicare deductions, child support, court ordered
restitution, and payments to the Crime Victims' Compensation Fund.
(3)
Deductions may not exceed 80 percent of gross wages.
(4)
TYC youth shall execute a voluntary agreement relating
to the deductions that will be made from gross wages. Compensation is deposited
and credited to the youth's account within the Institutional Youth Trust Fund.
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 5, 2004.
TRD-200402315
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 13, 2004
For further information, please call: (512) 424-6014
37 TAC §§91.83, 91.85, 91.97, 91.99
The Texas Youth Commission (TYC) adopts amendments to §91.83,
concerning Criteria for Health Care; §91.85, concerning Medical Care; §91.97,
concerning Acquired Immune Deficiency Syndrome/HIV; and §91.99, concerning
Medical Admissions for Al Price State Juvenile Correctional Facility without
changes to the proposed text as published in the February 27, 2004, issue
of the
Texas Register
(29 TexReg 1850).
The justification for amending the sections is the availability and use
of accurate, clear, and current policy. The amendment to §91.83 clarifies
that physicians and dentists responsible for providing care to TYC youth must
be licensed to practice in Texas. The amendment to §91.85 clarifies the
types of routine medical and dental examinations and treatment plans provided
to TYC youth. The amendment to §91.97 reflects updated titles for certain
health services staff. The amendment to §91.99 updates terminology relating
to the documentation used by the treatment team to review a youth's progress
in the program.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
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 5, 2004.
TRD-200402316
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
Subchapter A. YOUTH RECORDS
37 TAC §99.11
The Texas Youth Commission (TYC) adopts an amendment to §99.11,
concerning Youth Masterfile Records, without changes to the proposed text
as published in the February 27, 2004, issue of the
Texas Register
(29 TexReg 1852).
The justification for amending the section is the efficient use of resources
related to filing and retaining certain documents. The amendment provides
additional controls to ensure that only approved documents are placed in a
youth's official record.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resources Code, §61.034.
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 5, 2004.
TRD-200402305
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 424-6014
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.3
The Texas Board of Criminal Justice adopts new §151.3,
Texas Board of Criminal Justice Operating Procedures without changes to the
text as published in the February 6, 2004, issue of the
Texas Register
(29 TexReg 1166).
The purpose of the new rule is to establish operating procedures for the
Texas Board of Criminal Justice ("TBCJ") to conduct business.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Government Code, §492.013.
Cross Reference to Statutes: Texas Government Code, §492.013.
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 2, 2004.
TRD-200402288
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: April 22, 2004
Proposal publication date: February 6, 2004
For further information, please call: (512) 463-0422
37 TAC §151.75
The Texas Board of Criminal Justice adopts new §151.75,
Standards of Conduct for Financial Advisors without changes to the text as
published in the February 6, 2004, issue of the
Texas Register
(29 TexReg 1167).
The purpose of the new rule concerns the standards of conduct and disclosure
requirements applicable to financial advisors or service providers who provide
financial services or advise the Texas Department of Criminal Justice in connection
with the management or investment of state funds. This new rule is proposed
pursuant Chapter 2263, Texas Government Code, as enacted by Senate Bill 1059,
78th Legislature, Regular Session, 2003. Senate Bill 1059, 78th Legislature,
Regular Session, adopts Government Code, new Chapter 2263, regarding ethics
and disclosure requirements for outside financial advisors and service providers.
New Government Code, §2263.004, requires the governing body of a state
governmental entity by rule to adopt standards of conduct applicable to financial
advisors or service providers who provide financial services to the state
governmental body or advise the state governmental body in connection with
the management or investment of state funds. These provisions of Senate Bill
1059 were effective September 1, 2003.
Proposed new §151.75(a) outlines the definitions applicable to this
subchapter. Proposed new §151.75(b) addresses the applicability of the
subchapter to financial advisors or service providers who render important
investment or funds management advice to the comptroller with respect to state
funds. Proposed new §151.75(c) outlines disclosure requirements for financial
advisors or service providers, including a requirement to file an annual statement
with TDCJ and the state auditor. Proposed new §151.75(d) outlines standards
of conduct for financial advisors or service providers, which are in addition
to any standards required by any contracts or service agreements. Finally,
proposed new §151.75(e) provides that a contract is voidable by TDCJ
if a financial advisor or service provider violates a standard of conduct
outlined in this subchapter.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Texas Government Code, §2263.004.
Cross Reference to Statutes: Texas Government Code, §2263.004.
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 2, 2004.
TRD-200402289
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: April 22, 2004
Proposal publication date: February 6, 2004
For further information, please call: (512) 463-0422
Chapter 211.
ADMINISTRATION
37 TAC §211.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 211.1 concerning definitions. This adopted amendment is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9434).
The adoption of this rule amendment clarifies the definitions. A change
in the effective date, as proposed, has been amended to reflect an effective
date of June 1, 2004.
This section amends the definitions of: basic licensing course, endorsement
of eligibility, firearms, line of duty, and Texas peace officer for clarification.
The following definitions were added for clarification: academic program,
alternative delivery, field training program, governing body resolution, high
school diploma, law enforcement automobile for training, moral character,
patrol rifle, proprietary training contractor, public security officer, rifle,
training program, and training provider. Subsection (b) of this section is
amended to reflect the effective date for these changes.
The Commission received one comment from a training coordinator at the
Angelina College Police Academy in reference to definitions (a)(10) Basic
Licensing Course. It is requested that the requirement of a state examination
for basic instructor be reinstated and changed from a certificate to a license.
This insures quality control, added authority and fosters professionalism.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
No other statutes are effected by this adopted rule amendment.
§211.1.Definitions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Academic provider--A school, accredited by the Southern
Association of Colleges and Schools and the Texas Higher Education Coordinating
Board, which has been approved by the commission to provide basic licensing
courses.
(2)
Academic program--A program for college credit offered
by a training provider recognized by the Southern Association of Colleges
and Schools and the Higher Texas Education Board, authorized by the Commission
to conduct preparatory law enforcement training as part of a degree plan program,
and consisting of Commission-approved curricula.
(3)
Accredited college or university--An institution of higher
education that is accredited or authorized by the Southern Association of
Colleges and Schools, the Middle States Association of Colleges and Schools,
the New England Association of Schools and Colleges, the North Central Association
of Colleges and Schools, the Northwest Association of Schools and Colleges,
or the Western Association of Schools and Colleges.
(4)
Active--A license issued by the commission that meets the
current requirements of licensure, including those legislatively required.
(5)
Agency--A law enforcement unit or other entity, whether
public or private, authorized by Texas law to appoint a person licensed or
certified by the commission.
(6)
ALJ or Administrative law judge--See "Hearings Examiner"
defined below.
(7)
Alternative delivery--A learning event characterized by
a separation of place or time between the instructor and student, the students,
and/or the student and learning resources; and in which the interaction between
these is conducted through one or more media.
(8)
Appointed--Elected or commissioned by an agency as a peace
officer, reserve or otherwise selected or assigned to a position governed
by the Occupations Code, Chapter 1701, without regard to pay or employment
status.
(9)
Background investigation--may include:
(A)
an investigation looking specifically at a person's dependability;
integrity; initiative; situational reasoning ability; self-control; writing
skills; reading skills; oral communications skills; interpersonal skills;
and physical ability; and
(B)
a report that documents an investigation into an applicant's
suitability for licensing and appointment which includes: biographical data;
scholastic data; employment data; criminal history data; interviews with references,
supervisors, and other people who have knowledge of the person's abilities,
skills, and character; and a summary of the investigator's findings and conclusions
regarding the applicant's moral character and suitability.
(10)
Basic licensing course--Any current commission developed
course that is required before an individual may be licensed by the commission.
The courses include: Peace Officer, Criminal Justice Transfer Curriculum,
County Corrections, and Basic Instructor.
(11)
Basic peace officer course--The current commission developed
course(s) required for licensing as a peace officer, taught at a licensed
law enforcement academy in accordance with commission requirements.
(12)
Certified copy--A true and correct copy of a document
or record certified by the custodian of records of the submitting entity.
(13)
Chief administrator--The head or designee of an agency.
(14)
Commission--The Texas Commission on Law Enforcement Officer
Standards and Education.
(15)
Commissioned--Has been given the legal power to act as
a peace officer or reserve, whether elected, employed, or appointed.
(16)
Commissioners--The nine commission members appointed by
the governor and, where appropriate, the five ex-officio members.
(17)
Contract jail--A correctional facility, operated by a
county, municipality or private vendor, operating under a contract with a
county or municipality, to house inmates convicted of offenses committed against
the laws of another state of the United States, as provided by Texas Government
Code, §511.092.
(18)
Contractual training provider--A law enforcement agency,
a law enforcement association, or alternative delivery trainer that conducts
specific education and training under a contract with the commission.
(19)
Convicted--Has been adjudged guilty of or has had a judgment
of guilt entered in a criminal case that has not been set aside on appeal,
regardless of whether:
(A)
the sentence is subsequently probated and the person is
discharged from probation;
(B)
the charging instrument is dismissed and the person is
released from all penalties and disabilities resulting from the offense;
(C)
the cause has been made the subject of an expunction order;
or
(D)
the person is pardoned, unless the pardon is expressly
granted for subsequent proof of innocence.
(20)
Court-ordered community supervision--Any court-ordered
community supervision or probation resulting from a deferred adjudication
or conviction by a court of competent jurisdiction. However, this does not
include supervision resulting from a pretrial diversion.
(21)
Distance education--The enrollment and study with an educational
institution, which provides lesson materials prepared in a sequential and
logical order for study by students on their own.
(22)
Duty ammunition--Ammunition required or permitted by the
agency to be carried on duty.
(23)
Endorsement--An official document stating that an individual
has met the minimum training standards appropriate to the type of examination
sought.
(24)
Executive director--The executive director of the commission
or any individual authorized to act on behalf of the executive director.
(25)
Experience--Includes each month, or part thereof, served
as a peace officer, reserve, jailer, or telecommunicator. Credit may, at the
discretion of the executive director, be awarded for relevant experience from
an out-of-state agency.
(26)
Firearms--Any handgun, shotgun, rifle, patrol rifle, or
fully automatic weapon that is carried by the individual officer in an official
capacity on or off duty.
(27)
Firearms proficiency--Successful completion of the annual
firearms proficiency requirements.
(28)
Field training program--A program intended to facilitate
a peace officer's transition from the academic setting to the performance
of the general law enforcement duties of the appointing agency.
(29)
Governing body resolution--A formal expression or action
by a governing body authorizing a particular act, transaction, appointment,
intention, or decision.
(30)
Hearings examiner or Judge--An administrative law judge
appointed by the chief administrative law judge of the State Office of Administrative
Hearings pursuant to the Texas Government Code, Ch. 2003, or a person appointed
by the executive director to conduct administrative hearings for the commission.
(31)
High school diploma--High school diploma is a document
issued by a school district or a school accredited by the Texas Private School
Accreditation Commission verifying that the recipient has successfully completed
the course of study prescribed by the school district and the Texas Education
Agency, or a comparable regulatory body in another state.
(32)
Individual--A human being who has been born and is or
was alive.
(33)
Jailer--A person employed or appointed as a jailer under
the provisions of the Local Government Code, §85.005, or Government Code §511.092.
(34)
Killed in the line of duty--A Texas peace officer killed
as a directly attributed result of a personal injury sustained in the line
of duty.
(35)
Law--Including, but not limited to, the constitution or
a statute of this state, or the United States; a written opinion of a court
of record; a municipal ordinance; an order of a county commissioners' court;
or a rule authorized by and lawfully adopted under a statute.
(36)
Law enforcement academy--A school operated by a governmental
entity that has been licensed by the commission, which may provide basic licensing
courses and continuing education.
(37)
Law enforcement automobile for training--A vehicle equipped
to meet the requirements of an authorized emergency vehicle as identified
by Transportation Code Secs. 546.003 and 547.702.
(38)
Lesson plan--Detailed guides from which an instructor
teaches. The plan includes the goals, specific content and subject matter,
performance or learning objectives, references, resources, and method of evaluating
or testing students.
(39)
License--A license, certificate, registration, permit,
or other form of authorization required by law or a state agency rule that
must be obtained by an individual to engage in a particular business.
(40)
Licensee--An individual holding a license issued by the
commission.
(41)
Line of duty--Any lawful and reasonable action, which
a Texas peace officer is required or authorized by rule, condition of employment,
or law to perform. The term includes an action by the individual at a social,
ceremonial, athletic, or other function to which the individual is assigned
by the individual's employer.
(42)
Moral character--The propensity on the part of a person
to serve the public of the state in a fair, honest, and open manner.
(43)
Officer--A peace officer or reserve.
(44)
Patrol rifle--Any semi-automatic, magazine-fed rifle with
iron/open sights or with a frame mounted optical enhancing sighting device,
that is carried by the individual officer in an official capacity on or off
duty.
(45)
Peace officer--A person elected, employed, or appointed
as a peace officer under the Code of Criminal Procedure, Article 2.12, or
under other statute.
(46)
Placed on probation--Has received an adjudicated, unadjudicated
or deferred adjudication probation for a criminal offense.
(47)
POST--State or federal agency with jurisdiction similar
to that of the commission, such as a peace officer standards and training
agency.
(48)
Proprietary training contractor--A approved training contractor
operated for a profit.
(49)
Public security officer--A person employed or appointed
as an armed security officer by this state or a political subdivision of this
state. The term does not include a security officer employed by a private
security company that contracts with this state or a political subdivision
of this state to provide security services for the entity.
(50)
Reactivate--To make a license issued by the commission
active after at least a two-year break in service.
(51)
Reinstate--To make a license issued by the commission
active after disciplinary action or after expiration of a license due to failure
to obtain required continuing education.
(52)
Renew--Continuation of an active license issued by the
commission.
(53)
Reserve--A person appointed as a reserve law enforcement
officer under the provisions of the Local Government Code, §85.004, §86.012
or §341.012.
(54)
Rifle--Any bolt action or semi-automatic rifle with magnified
sights that is carried by the individual officer in an official capacity on
or off duty.
(55)
Self-assessment--Completion of the commission created
process, which gathers information about a training or education program.
(56)
SOAH--The State Office of Administrative Hearings.
(57)
Successful completion--A result of:
(A)
70 percent or better; or
(B)
C or better; or
(C)
pass, if offered as pass/fail.
(58)
Telecommunicator--A dispatcher or other emergency communications
specialist appointed under or governed by the provisions of the Occupations
Code, Chapter 1701.
(59)
Texas peace officer--For the purposes of eligibility for
the Texas Peace Officers' Memorial, an individual who had been elected, employed,
or appointed as a peace officer under Texas law; an individual appointed under
Texas law as a reserve peace officer who; a commissioned deputy game warden,
or a corrections officer in a municipal, county or state penal institution,
a federal law enforcement officer or special agent performing duties in this
state, including those officers under Article 2.122, Code of Criminal Procedure,
or any other officer authorized by Texas law.
(60)
Training coordinator--An individual, appointed by a commission-recognized
training provider, who has the knowledge and skills to oversee the training
activity conducted by that provider.
(61)
Training cycle--One period from the set of contiguous
48-month periods that begins on September 1, 2001. Each training cycle is
composed of two contiguous 24-month units.
(62)
Training hours--Actual classroom or distance education
hours. One college semester hour equates to 20 training hours.
(63)
Training program--An organized collection of various resources
recognized by the commission for providing preparatory or continuing training.
This program includes, but is not limited to, learning goals and objectives,
academic activities and exercises, lesson plans, exams, skills training, skill
assessments, instructional and learning tools, and training requirements.
(64)
Training provider--A governmental body, law enforcement
association, alternative delivery trainer, or proprietary entity credentialed
by the commission to provide preparatory or continuing training for licensees
or potential licensees.
(65)
Verification (verified)--The confirmation of the correctness,
truth, or authenticity of a document, report, or information by sworn affidavit,
oath, or deposition.
(b)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402205
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §211.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 211.3 concerning public information. This adoption is with changes
to the proposed text as published in the October 31, 2003, issue of the
The adopted rule amendment establishes compliance with public information.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
The amendment by adding subsection (c)(2) of this section encourages individuals
to use the commission's website. Subsection (d) of this section is amended
to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.201 Public Interest Information.
§211.3.Public Information.
(a)
All commission rules are published in the Texas Register
as they are proposed and adopted.
(b)
The commission will index, maintain, and make available
for public inspection at the Austin headquarters a copy of:
(1)
the current rules;
(2)
all interpretive memoranda, policies, and procedures; and
(3)
all final orders, decisions, and opinions of the commission.
(c)
Members of the public may obtain:
(1)
copies of the rules and other documents published by the
commission at the cost recovery rate established in the fee schedule for printed
documents. The current cost schedules are available upon request from the
commission;
(2)
the rules and many other documents published by the commission
are also available free of charge on the commission website: www.tcleose.state.tx.us
; and
(3)
unpublished materials available under the Public Information
Act at the rate established by the General Services Commission for such materials.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402206
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §215.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 215.1 concerning licensing of training providers. This adoption
is with changes to the proposed text as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9437).
This section as adopted for amendment complies with the Texas Occupations
Code §1701.251 Training Programs; Instructors. A change in the effective
date, as proposed, has been amended to reflect an effective date of June 1,
2004.
The addition of a new training provider type required clarification in
sections (a) and (b) of this section. Subsection (d) of this section is amended
to reflect the effective date for these changes.
The Commission received one comment from a training coordinator at the
Carrollton Police Department for clarification of definitions (a)(18)(36)
and new (48) of this section in regards to 215.1 Licensing of Training Providers
(a)(1) - (3).
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.251 Training Programs; Instructors.
§215.1.Licensing of Training Providers.
(a)
The commission may issue credentials to three types of
training or education providers:
(1)
licensed law enforcement academy;
(2)
contractual training provider; or
(3)
a licensed academic provider.
(b)
The commission issues these licenses or contracts for a
specified period of time:
(1)
five years for a licensed law enforcement academy;
(2)
two years for a contractual training provider;
(3)
five years for a licensed academic provider; or
(4)
for a shorter period as appropriate for a program found
to be at risk.
(c)
License renewal is dependent upon continued compliance
with commission rules and performance, which includes risk assessment.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402207
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §215.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 215.3 concerning academy licensing. This adoption is with changes
to the proposed text as published in the October 31, 2003, issue of the
The adopted rule amendment is for clarification of this section. A change
in the effective date, as proposed, has been amended to reflect an effective
date of June 1, 2004.
Amending subsection (b) of this section clarifies the requirements of a
training needs assessment. Subsection (c) of this section is amended to clarify
firing range requirements. Subsection (h) of this section is added (moved
from 215.15) to identify the awarding of training credit from academies and
subsection (k) of this section is amended to reflect the effective date for
these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.251 Training Programs; Instructors.
§215.3.Academy Licensing.
(a)
The commission may issue an academy license to an academy
that is operated by or for the state or any political subdivision of the state
for the specific purpose of providing law enforcement, corrections, telecommunications,
and/or other law enforcement related training. In order for a license to be
issued, a comprehensive training needs assessment must be submitted to the
commission, justifying the need for an additional academy in the regional
planning commission or council of governments area in which the proposed academy
will be located. The needs assessment must include as a minimum:
(1)
a description of whom the academy will serve, including
the identity of each law enforcement agency the academy expects to serve,
the number of officers the academy expects to train annually from each agency,
and the basis for the academy's expectations;
(2)
a description of existing law enforcement training programs
in the proposed service area and documentation justifying the need for an
additional academy;
(3)
the number and types of courses that will be offered;
(4)
what specific training need(s) are not currently being
provided by licensed academies in the regional planning commission or council
of governments area; and
(5)
proof of notification by certified mail to all licensed
academies within the regional planning commission or council of governments
area of their intent to apply for an academy license and what specific training
needs the applicant intends to meet.
(b)
If the commission determines that the training needs assessment
justifies an additional academy in the area, and before an academy license
may be issued, the proposed academy must pass an inspection of its facilities
and instructional materials and must submit for commission approval:
(1)
a completed, written application on a commission form that
is signed by the chief administrator or head of the organization exercising
administrative control over the academy;
(2)
a resolution of support from the governing body of the
sponsoring organization;
(3)
the proposed formal name of the academy, which must not
misrepresent the status of the academy or be confusing to law enforcement
or to the public;
(4)
a proposed startup and operational budget and a proposed
course schedule to show that training will be conducted on a continuing basis;
(5)
a schedule of tuition and fees, if any, that will be charged;
(6)
documentation that an advisory board has already been appointed
as provided by the Occupations Code, Chapter 1701.252, including a resume
for each board member;
(7)
any advisory board minutes necessary to show the decisions
which have been made by that board in all areas required by the commission;
(8)
the name, social security number and resume of the proposed
training coordinator and any academy staff instructors, and a list of instructors
who are scheduled to teach the submitted proposed course schedule;
(9)
documentation that the academy will be based on at least
one of the following sponsoring organizations:
(A)
a law enforcement agency that has at least 50 full-time
paid peace officers and/or county jailers under current appointment;
(B)
an institution recognized by the Texas Higher Education
Coordinating Board; or
(C)
a regional planning commission or council of governments
(COG) board;
(i)
the commission will issue only one regional academy license
within each regional planning commission or council of governments area at
any one time;
(ii)
to be or remain a regional academy, that particular academy
must substantially meet the training needs of all current or prospective licensees
who reside in that region;
(10)
certification that the academy meets the requirements
of the Americans with Disabilities Act (ADA), to which its entity is subject,
and as those requirements apply to the academy's function (including course
materials, course presentation, and facilities). The certification will represent
that the academy will maintain this compliance during the term of the license;
(11)
the physical location and a description of the proposed
training facility and any satellite sites; and
(12)
an academy may contract as cosponsor with law enforcement
agencies and other entities to conduct continuing education classes or basic
jail training. The academy is responsible for certifying the quality of the
training, compliance with commission rules and guidelines, and maintaining
the necessary documentation.
(c)
The pre-licensing inspection of the academy's facilities
and instructional materials shall be conducted by commission staff, or by
a team of academy coordinators as appointed by the executive director. An
academy must have and maintain:
(1)
a dedicated classroom that is sufficiently air-conditioned
and heated, well lit, free of noise and other unreasonable distractions, and
of sufficient size for the number of students to be served;
(2)
instructors and adequate instructional resources to conduct
effective training;
(3)
adequate and convenient restrooms, breakroom, and parking
area;
(4)
adequate and convenient law enforcement reference library
for student and staff use;
(5)
a proprietary interest in, or a written contract providing
for a firing range suitable for the course of fire required in the current
basic peace officer course with safety rules clearly posted, adequate restrooms,
secure storage and first aid equipment while on the premises;
(6)
a proprietary interest in, or a written contract providing
for at least one driving range designated for criminal justice training. Each
academy must have at least one automobile available for criminal justice driving
training; and
(7)
sufficient access to current and appropriate teaching tools
and electronic equipment, including video players and projection equipment,
computer hardware, software, and Internet access.
(d)
The chief administrator or head of the organization exercising
administrative control of the proposed academy and the proposed training coordinator
must appear before the commissioners to respond to any questions prior to
any action being taken on the application.
(e)
Once an academy license is issued, the chief administrator
of the academy or the sponsoring agency must report in writing to the commission
within 30 days:
(1)
any change in training coordinator;
(2)
any substantial failure to meet commission rules and standards;
(3)
any rule violation by it or by its training coordinator,
instructors, or advisory board;
(4)
when non-compliance with ADA or any other federal or State
requirements is discovered; or
(5)
any change in academy name, physical location, mailing
address, electronic mail address, or telephone number.
(f)
The commission may cancel an academy license if it was
issued in error or based on false or incorrect information.
(g)
The commission may suspend an academy license, or the executive
director or his designee may issue a written reprimand to the sponsoring agency,
if:
(1)
the academy or the sponsoring agency fails to comply with
a commission rules or any law; or
(2)
the academy has been classified as at risk under §215.13
of this title. If the academy is classified as at risk, the chief administrator
of the academy or the sponsoring agency 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.
(h)
The commission will award training credit for any course
conducted by a licensed academy as provided by commission rules unless:
(1)
the course is not conducted as required by commission rules
and the advisory board;
(2)
the training is not related to a commission license;
(3)
the advisory board, the academy, the training coordinator,
the course coordinator, or the instructor substantially failed to discharge
any responsibility required by commission rule; or
(4)
the credit was claimed by deceitful means.
(i)
The commission may revoke an academy license if:
(1)
the academy has been classified as at risk for a 12-month
period without substantial improvement;
(2)
its training coordinator intentionally or knowingly submits
a falsified document or a false written statement or representation to the
commission; or
(3)
it has not met the needs of the communities it is required
to serve.
(j)
An academy may voluntarily surrender its license at any
time for any reason. To voluntarily surrender its license, an academy's chief
administrator must send written notice, accompanied by the license, to the
executive director. The license is surrendered effective immediately upon
receipt by the executive director.
(k)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402208
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §215.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 215.5 concerning contractual training. This adoption is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9440).
Subsections (e), (g), (f), and (i) of this section are amended for clarification.
Changes to the proposed text, as published, is made to the section structure
of subsection (e), subparagraph (E) should be subsection (f), followed by
paragraph (1). Old paragraph (2) was shown with strikethrough for deletion,
this was in error, and should be shown as paragraph (1). This is a structure
change and does not reflect a substantive change. A change was also made to
the published proposed text to subsection (f)(3) and (7) of this section replacing
the word Rule for the section symbol. This allows the structure to be consistence
with other rules and is non-substantive. A change in the effective date, as
proposed, has been amended to reflect an effective date of June 1, 2004.
In subsection (g) of this section is amended to clarify methods where training
credit will not be awarded. Subsection (e) of this section is amended to clarify
the requirements of an applicant for a training provider contract. Subsection
(f) of this section is amended to clarify the requirements of a contractual
training provider and subsection (i) of this section is amended to reflect
the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.251 Training Programs; Instructors.
§215.5.Contractual Training.
(a)
The commission may, at the discretion of the executive
director, enter into a contract with a law enforcement agency, a law enforcement
association, or alternative delivery trainer to conduct training for licensees.
(b)
Any such contract is limited to those terms expressly included
in the contract or incorporated by reference and must be dated and:
(1)
on 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.
(c)
A contract may approve a specific course(s) and the number
of times it will be offered. These contracts are for a stated period of time,
or two years, whichever is less, 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.
(d)
The executive director may terminate a contract if no training
is conducted within each calendar year unless the chief administrator has
petitioned the executive director for a waiver, and the waiver has been granted.
The executive director may suspend a contract, until compliance, for any violation
of its terms or of any commission rule or law. Any party may terminate, upon
written notice to all other parties, received by either the executive director,
the coordinator, or any other named person or office.
(e)
The applicant for a training provider contract must provide
a comprehensive needs assessment to the executive director justifying the
need for a contract. The needs assessment must include at a minimum:
(1)
the names of the licensed academies located in the council
of governments or regional planning commission area of the applicant;
(2)
a description of the existing law enforcement training
programs in the area;
(3)
what specific training need(s) are to be addressed by the
proposed contract; and
(4)
the number and types of courses that will be offered during
the first quarter of the executed contract;
(f)
If the commission determines that the needs assessment
justifies a contract, the chief administrator of the contractual training
provider must:
(1)
appoint and maintain an advisory board as required by law
and rule;
(2)
follow the current requirements set by its advisory board;
(3)
select a training facility that meets all inspection requirements
identified in §215.3;
(4)
select any instructional material, equipment, or resources
necessary for the course(s);
(5)
forward for approval, upon the executive director's request,
at least one copy of the learning objectives of each course covered by the
contract;
(6)
appoint and maintain the appointment of a qualified training
coordinator;
(7)
ensure the training coordinator discharges any responsibilities
required by law, rule, or contract, including §215.9 and
(8)
report in writing to the commission within 30 days:
(A)
any change in chief administrator;
(B)
any change in training coordinator;
(C)
any substantial failure to meet commission rules and standards;
(D)
any rule violation by it or by its training coordinator,
instructors, or advisory board;
(E)
when non-compliance with ADA or any other federal or state
requirements is discovered; or
(F)
any change in provider name, physical location, mailing
address, electronic mail address, or telephone number.
(g)
By entering into any such contract the commission approves
specific training which will be fully credited by the commission to each student
licensee as continuing education training or to the agency as continuing education
training provided by that agency, unless:
(1)
the training was not conducted in compliance with the contract;
or
(2)
the advisory board, training coordinator or instructor
substantially failed to discharge any responsibility required by commission
rule, or
(3)
the credit was claimed by deceitful means.
(h)
Once the contract has been executed, the contractual trainer
may be evaluated periodically by the commission as determined by the executive
director. The evaluation may be accomplished by commission staff or by training
professionals selected and trained by the executive director.
(i)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402209
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §215.6
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts a new rule to Title 37, Texas Administrative
Code by adding section 215.6 concerning academic alternative license. This
adoption is with changes to the proposed text as published in the October
31, 2003, issue of the
Texas Register
(28
TexReg 9441).
The new rule establishes application standards and operating standards
for academic alternative providers. Changes to the proposed text, as published,
is made to the section structure of subsection (c), subparagraph (D), (E),
(F), (G) and (H) of this section. This is a structure change and does not
reflect a substantive change. A change was also made to the published proposed
text to subsection (b), (c)(1), (3) and (7), and (f)(2) of this section replacing
the word Rule for the section symbol. This allows the structure to be consistence
with other rules and is non-substantive. A change in the effective date, as
proposed, has been amended to reflect an effective date of June 1, 2004.
The new rule requires each program to have a training coordinator and advisory
board, and to comply with the section 215.9 for training coordinators and
section 215.7 advisory boards.
No comments were received.
This new rule is adopted under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter.
The new rule as adopted is in compliance with the Texas Occupations Code §1701.251
Training Programs; Instructors and §1701.252 Program and School Requirements;
Advisory Boards.
§215.6.Academic Alternative Licensing.
(a)
The commission may, at the discretion of the executive
director, issue an academic alternative license to a Texas college that is
accredited by the Southern Association of Colleges and Schools (SAC) and which
has a criminal justice or law enforcement program approved by the Higher Education
Coordinating Board (HECB). In order for a license to be issued, a training
needs assessment must be submitted to the commission. The needs assessment
must include at a minimum:
(1)
a description of existing law enforcement training programs
in the proposed service area;
(2)
proof of notification by certified mail to all licensed
academies within the area of the applicant's intent to apply for an academic
provider license; and
(3)
a description of how the applicant will enhance the current
training situation in the area by identifying:
(A)
the number of individuals the applicant expects to train
annually; and
(B)
the basis for the applicant's expectations.
(b)
If the commission determines that the needs assessment
justifies a license, and before an academic alternative license may be issued,
the applicant must pass an inspection of its facilities and instructional
materials as required by §215.3.
(c)
As a condition of licensure, the dean of the department:
(1)
must appoint and maintain an advisory board as required
by law and §215.7;
(2)
must follow the current requirements set by its advisory
board;
(3)
must select a facility that meets all inspection requirements
as required by §215.3;
(4)
must select any instructional material, equipment, or resources
necessary for the academic alternative courses;
(5)
must forward for approval, upon the executive director's
request, at least one copy of the lesson plans of each academic alternative
course provided;
(6)
must appoint and maintain the appointment of a qualified
training coordinator;
(7)
must ensure that the training coordinator discharges any
responsibilities required by law, rule, or contract, including §215.9
of this title;
(8)
must make provisions for the Registrar to issue all endorsements;
(9)
may make contractual provisions with a licensed academy
to provide the sequence courses; and
(10)
must report in writing to the commission within 30 days:
(A)
any change in dean of the department;
(B)
any change in training coordinator;
(C)
any substantial failure to meet commission rules and standards;
(D)
any rule violation by it or its training coordinator, instructors,
or advisory board;
(E)
any change in status with HECB;
(F)
any change in status with SAC;
(G)
when non-compliance with ADA or any federal or state requirements
is discovered; or
(H)
any change in provider name, physical location, mailing
address, electronic mail address, or telephone number.
(d)
The commission may cancel an academic alternative license
if it was issued in error or based on false or incorrect information.
(e)
The commission will award academic coursework credit to
each student for the academic alternative courses when provided by licensed
academic alternative providers unless:
(1)
the courses were not conducted in compliance with commission
rules;
(2)
the courses were not conducted in compliance with the Higher
Education Coordinating Board;
(3)
the advisory board, training coordinator, or instructor
substantially failed to discharge any responsibility required by rule; or
(4)
the credit was obtained by deceitful means.
(f)
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 title. If the academic alternative provider
is classified as at risk, the dean of the department 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.
(g)
The commission may revoke an academic alternative license
if:
(1)
the academic alternative provider has been classified as
at risk for a 12-month period without substantial improvement; or
(2)
the academic alternative provider has lost either SAC accreditation
or HECB approval; or
(3)
its training coordinator intentionally or knowingly submits
a falsified document or a false written statement or representation to the
commission;
(h)
An academic alternative provider may voluntarily surrender
its license at any time for any reason. To voluntarily surrender its license,
the dean of the department must send written notice, accompanied by the license,
to the executive director. The license is surrendered effective immediately
upon receipt by the executive director.
(i)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402201
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
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, Texas Administrative
Code, section 215.7 concerning training provider advisory boards. This adoption
is with changes to the proposed text as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9443).
The adopted rule amendment is for clarification. A change was made to the
published proposed text to subsection (f)(1) of this section replacing the
word Rule for the section symbol. This allows the structure to be consistence
with other rules and is non-substantive. A change in the effective date, as
proposed, has been amended to reflect an effective date of June 1, 2004.
An amendment to section (a) of this section clarifies new training provide
type and subsection (l) of this section is amended to reflect the effective
date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.252 Program and School Requirements; Advisory Board.
§215.7.Training Provider Advisory Boards.
(a)
All training providers approved by the commission must
establish and maintain an advisory board, as required by law. To be established,
this board must have at least three members who are appointed by the sponsoring
organization. To be maintained, the active, appointed membership of the board
must not fall below a quorum for more than 30 days.
(b)
The board may have members who are law enforcement personnel,
however, one-third of the members must be public members having the same qualifications,
found in the Occupations Code, Chapter 1701.252, 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 be ex-officio, non-voting members.
(c)
The board must elect a chairman and 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 its chairman, 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 title (relating to definitions);
(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; or
(4)
for a contractual training provider, by the chief administrator.
(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)
effectively 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; and
(4)
advise on the establishment of the standards for admission,
prerequisites, minimum and maximum class size, attendance, and retention.
(j)
A board must advise on the establishment of admission standards,
and determine the order of preference between employees or prospective appointees
of the sponsoring organization and other persons, if any. 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 June 1, 2004.
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 31, 2004.
TRD-200402210
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
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, Texas Administrative
Code, section 215.9 concerning training coordinator. This adoption is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9444).
The adopted rule amendments are for clarification. A change in the effective
date, as proposed, has been amended to reflect an effective date of June 1,
2004.
Amending subsections (b) and (c) of this section clarifies the requirements
for all training coordinators. Subsection (d) of this section is amended to
reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.251 Training Programs; Instructors.
§215.9.Training Coordinator.
(a)
A training coordinator must hold a valid instructor license
or certificate and must be a full-time paid employee.
(b)
The training coordinator must:
(1)
prepare, maintain, and submit the following reports within
the time frame specified:
(A)
reports training - to be submitted prior to the issuance
of any endorsement for a licensing examination for a course leading to a license
and within 30 days of completion of each continuing education course;
(B)
self-assessment reports as required by the commission;
(C)
a copy of advisory board minutes to be submitted during
an on-site evaluation;
(D)
training calendars-schedules must be available for review
or posted on the Internet no later than 30 days prior to the beginning of
each calendar quarter-or academic semester;
(E)
any other reports or records as requested by the commission;
(2)
be responsible for the administration and conduct of each
course, including those conducted at ancillary sites, and specifically:
(A)
appointing and supervising qualified instructors;
(B)
maintaining course schedules and course files, including
lesson plans;
(C)
securing and maintaining all facilities necessary to meet
the inspection standards of this section;
(D)
enforcing all admission, attendance, retention, and other
standards set by the commission and the advisory board;
(E)
distributing learning objectives to all students at the
beginning of each course and ensure that all learning objectives are taught
properly and evaluated, that all training is effective, and that no required
instruction periods are consumed by matters that are frivolous or unrelated
to the scheduled training;
(F)
distributing a current version of the commission rules
and law to all students at the time of application for admission, and ensuring
that a review of the rules of the commission pertaining to continuing education
for licensees, annual firearms proficiency, reporting responsibilities of
individuals, revocation, suspension and voluntary surrender of licenses, proficiency
certificates and the law enforcement achievement awards are part of any course
that may result in the issuance of a license;
(G)
controlling the discipline and demeanor of each student
and instructor during class;
(H)
proctoring or supervising all examinations to ensure fair,
honest results; and
(I)
maintaining records of tests and other evaluation instruments
for a period of five years.
(3)
receive all commission notices on behalf of the raining
provider and forward each notice to the appointing authority; and
(4)
attend or have a designee attend each academy coordinator's
workshop conducted by the commission.
(c)
If the position of training coordinator becomes vacant,
the commission may, at the discretion of the executive director and upon petition
of the chief administrator of the training provider, waive the requirement
for a full-time paid and assigned training coordinator for a period not to
exceed six months.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402211
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
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, Texas Administrative
Code, section 215.13 concerning risk assessment. This adoption is with changes
to the proposed text as published in the October 31, 2003, issue of the
An amendment to subsection (a) of this section removed dated material.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Subsection (b) and (c) of this section are amended to reflect the numbering
change from subsection (a) of this section. Subsection (c) of this section
is also amended to reflect the passing percentages of subsection (a) of this
section with a longer time period. Subsection (f) of this section is amended
to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.254 Risk Assessment and Inspections.
§215.13.Risk Assessment.
(a)
A law enforcement academy may be found at risk;
(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 completing an academy;
(2)
if the passing rate on a licensing examination for all
attempts for any state fiscal year is less than 70 percent of the students
completing an academy;
(3)
after January 1, 2005, if the passing rate on a licensing
examination for all attempts for any state fiscal year is less than 80 percent
of the students completing an academy;
(4)
if commission required learning objectives are not taught;
(5)
if lesson plans for classes conducted are not on file;
(6)
if examination and other evaluative scoring documentation
is not on file;
(7)
if the academy files false reports to the commission;
(8)
if the academy makes repeated errors in reporting;
(9)
if the academy does not respond to commission requests
for information;
(10)
if the academy does not comply with commission rules or
other applicable law;
(11)
if the academy does not achieve the goals identified in
its application for a license;
(12)
if the academy does not meet the needs of the officers
and law enforcement agencies served; or
(13)
if 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;
(1)
for the same reasons in subsection (a)(1)-(3) if licensing
courses or components are provided;
(2)
if lesson plans for classes conducted are not on file;
(3)
if examination and other evaluative scoring documentation
is not on file;
(4)
if the provider files false reports to the commission;
(5)
if the provider makes repeated errors in reporting;
(6)
if the provider does not respond to commission requests
for information;
(7)
if the provider does not comply with commission rules or
other applicable law;
(8)
if the provider does not achieve the goals identified in
its application for a license or contract;
(9)
if the provider does not meet the needs of the officers
and law enforcement agencies served; or
(10)
if 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 provider may be found at risk:
(1)
for the same reasons in subsection (a)(1)-(3) for any 3-year
period;
(2)
if courses are not conducted in compliance with Higher
Education Program Guidelines accepted by the commission;
(3)
if the commission required learning objectives are not
taught;
(4)
if the program files false reports to the commission;
(5)
if the program makes repeated errors in reporting;
(6)
if the program does not respond to commission requests
for information;
(7)
if the program does not comply with commission rules or
other applicable law;
(8)
if the program does not achieve the goals identified in
its application for a license or contract;
(9)
if the program does not meet the needs of the students
and law enforcement agencies served; or
(10)
if 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)
At risk training providers must follow commission directives.
(e)
A training or educational program at risk must notify all
students and potential students of their at risk status. 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 title.
(f)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402212
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §215.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 215.15 concerning enrollment standards. This adoption is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9446).
The title of this section is amended by limiting this section to enrollment
standards. A change in the effective date, as proposed, has been amended to
reflect an effective date of June 1, 2004.
These amendments include changes to reflect the term individual as identified
in 211.27. Subsection (a) of this section is amended to reflect the term basic
licensing course as identified in 211.1 Definitions. Subsection (a) of this
section is also amended to reflect part of the licensing requirements found
in 217.1. The body of the rule was reorganized for clarification. Subsection
(e) of this section was moved to another section (215.3). Subsection (d) of
this section is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.255 Enrollment Qualifications.
§215.15.Enrollment Standards.
(a)
In order for an individual to enroll in any basic licensing
course which 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 person 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 which 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 has completed
at least 12 hours at 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)
The enrollment standards established in this section do
not preclude the academy licensee from establishing additional requirements
or standards for enrollment in law enforcement training programs.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402221
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.3 concerning application for license and initial report
of appointment. This adoption is with changes to the proposed text as published
in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9447).
The adoption amends subsections (a), (b), (d) and (g) of this section.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
The amendment to subsections (a) and (b) of this section is to reflect
the term individual as identified in rule 211.27. Subsection (d) of this section
is amended to reflect the term licensee as identified in 211.1 Definitions
and to clarify the weapons proficiency requirements in Occupations Code 1701.308.
Subsection (g) of this section is amended to reflect the effective date for
these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.308 Weapons Proficiency, §1701.255 Enrollment Qualifications.
§217.3.Application for License and Initial Report of Appointment.
(a)
An agency appointing an individual who does not hold a
commission license must file an application for the appropriate license with
the commission. The application must be approved with a license issuance date
before the individual is appointed or commissioned. The application must be
completed, signed, and filed with the commission by the agency's chief administrator
or designee.
(b)
Except for an agency that has 20 or fewer employees or
an agency that provides less than 24-hour-a-day service, an agency appointing
an individual as a temporary emergency telecommunicator must file an application
with the commission. The application must be approved with an appointment
date before the individual is appointed. The application must be completed,
signed, and filed with the commission by the agency's chief administrator
or designee.
(c)
An application for a license or initial report of appointment
must be submitted in an application format currently accepted by the commission.
(d)
An agency that files an application for licensing must
keep on file and in a format readily accessible to the commission a copy of
the documentation necessary to show each licensee appointed by that agency
met the minimum standards for licensing including weapons proficiency for
peace officers.
(e)
An agency must retain records required under subsection
(d) of this section for a minimum of five years after the licensee's termination
date with that agency. The records must be maintained in a format readily
accessible to the commission.
(f)
An agency which submits an application for an individual
must report to the commission any failure to appoint that individual in the
reported capacity within 30 days of the reported date of appointment. Such
report must be made in a currently accepted commission format that reports
termination.
(g)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402213
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.5 concerning denial and cancellation. This adoption is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9448).
The adopted amendment is for clarification for denial and cancellation.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Adding subsection (a)(9) and subsection (c) of this section, clarifies
the commission's authority to reject and cancel applications for licensing
or new appointment when the commission has knowledge that the individual does
not meet background standards and when licensing documentation contains incorrect
or incomplete information regarding applicants criminal history. Subsection
(d) of this section is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.308 Weapons Proficiency.
§217.5.Denial and Cancellation.
(a)
The commission may deny an application for any license
and may refuse to accept a report of appointment if the:
(1)
applicant has not been reported to the commission as meeting
all minimum standards, including any training or testing requirements;
(2)
applicant has not affixed any required signature;
(3)
required forms or documentation are incomplete, illegible,
or are not attached;
(4)
application is not submitted or signed by a chief administrator,
or designee with authority to appoint the applicant to the position reported;
(5)
application is not submitted by the appointing agency or
entity;
(6)
agency reports the applicant in a capacity that does not
require the license sought;
(7)
agency fails to provide documentation, if requested, of
the agency's creation or authority to appoint persons in the capacity of the
license sought or the agency is without such authority; or
(8)
application contains a false assertion by any person; or
(b)
If an application is found to be incorrect or subject to
denial under (a), any license issued to the applicant by the commission is
subject to cancellation.
(c)
Any such document may expire or be cancelled, surrendered,
suspended, revoked, deactivated, or otherwise invalidated. Mere possession
of the physical document does not necessarily mean that the person:
(1)
currently holds, has ever held, or has any of the powers
of the office indicated on the document; or
(2)
still holds an active, valid license, or certificate.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402214
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.7 concerning reporting the appointment and termination of
a licensee. This adoption is with changes to the proposed text as published
in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9449).
Adopted amendment to subsections (c), (e) and (i) of this section is for
clarification. A change made to the published proposed text to subsection
(c) and (e)(5) of this section replacing the word Rule for the section symbol.
This allows the structure to be consistence with other rules and is non-substantive.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
This adoption amends subsections (c) and (e) of this section to clarify
weapons proficiency requirements for peace officer licensees. Other subsections
are amended to reflect the term individual as identified in rule 211.27. Subsection
(e) of this section is amended to clarify the time period between appointments.
Subsection (e)(4) of this section is amended to implement a change in the
number of fingerprint cards required. This change is a result of an agreement
between the Department of Public Safety and the Commission. Subsection (e)(3)
of this section is also amended to clarify the criminal history requirements.
Subsection (i) of this section is amended to reflect the effective date for
these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.303 License Application; Duties of Appointing Entity.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a)
Before hiring or appointing a licensee, an agency shall
contact the commission, electronically or in writing, to determine whether
the commission has employment history records on that individual. If employment
history records exist, then the agency shall contact the previous employing
agency(ies) in writing to request employment information.
(b)
In order to receive information and/or a copy of the termination
form from employment history records regarding the reasons for resignation
or termination, the inquiring agency must request the information in writing
on the agency's letterhead. The request must be signed by the agency chief
administrator or designee. The request must be accompanied by a commission
form that authorizes release of that information. This form must be signed
and sworn to by the individual who is the subject of the report.
(c)
An agency that appoints an individual who already holds
a valid, active license appropriate to that position must notify the commission
of such appointment not later than 30 days after the date of appointment.
The appointing agency must have on file documentation that the licensee is
compliant with weapons qualification according to §217.21 within the
last 12 months. This notification must be made in the currently prescribed
commission format that reports appointment. This format must be completed,
and filed with the commission by the agency's chief administrator.
(d)
Before appointing a licensee whose license has expired,
an agency shall ensure that the individual meets the current minimum standards
for licensure.
(e)
If the appointment is made after a 180-day break in service,
the agency must have the following on file and readily accessible to the commission:
(1)
a new criminal history check by name, sex, race and date
of birth from both TCIC and NCIC;
(2)
a new declaration of psychological and emotional health;
(3)
a new declaration of lack of any drug dependency or illegal
drug use; and
(4)
one completed applicant fingerprint card or, pending receipt
of such card, an original sworn, notarized affidavit by the applicant of his
or her complete criminal history; such affidavit to be maintained by the agency
while awaiting the return of completed applicant fingerprint card; and
(5)
for peace officers, weapons qualification according to §217.21
within the last 12 months.
(f)
An agency must retain records kept under this section for
a minimum of five years after the licensee's termination date with that agency.
The records must be maintained in a format readily accessible to the commission.
(g)
When an individual licensed by the commission resigns from
appointment or employment with an agency or if an individual's appointment
or employment is terminated for any reason, the agency shall submit a report
to the commission in the currently prescribed commission format that reports
resignation or termination, including all emergency telecommunicators. The
report shall be submitted within 30 days following the date of resignation
or termination. The report shall include an explanation of the circumstances
under which the individual resigned or was terminated. The agency shall provide
the individual who is the subject of the report a copy of the report. The
individual may submit a written statement to the commission to contest or
explain any matters contained in the report.
(h)
A report or statement submitted under this section is exempt
from disclosure under the Public Information Act, Chapter 552, Government
Code, unless the individual resigned or was terminated due to substantiated
incidents of excessive force or violations of the law other than traffic offenses,
and is subject to subpoena only in a judicial proceeding.
(i)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402215
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.9
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.9 concerning continuing education credit for licensees.
This adoption is with changes to the proposed text as published in the October
31, 2003, issue of the
Texas Register
(29
TexReg 9450).
This adopted amendment changes the text of rule 217.9(a) to require that
training courses merely be "recognized," not "approved" by the Commission.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
This change removes the misleading implication that, in order to be considered
a "continuing education course," a training course must go through a detailed
approval process; and therefore more clearly indicates the Commission's role
in accepting course credits. Subsection (d) of this section is amended to
reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
No other statutes are effected by this adopted rule amendment.
§217.9.Continuing Education Credit for Licensees.
(a)
A continuing education course is any training course that
is recognized by the commission, specifically:
(1)
legislatively required continuing education curricula and
learning objectives developed by the commission:
(2)
training in excess of basic licensing course requirements;
(3)
training courses consistent with assigned duties; or
(4)
training not included in a basic licensing course.
(b)
The commission may refuse credit for:
(1)
a course, which does not contain a final examination or
other skills test, if appropriate, as determined by the training provider;
(2)
annual firearms proficiency;
(3)
an out of state course not approved by that state's POST;
(4)
training that fails to meet any commission established
length and published learning objectives;
(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; or
(6)
course(s) claimed by deceitful means.
(c)
The training provider or agency must report to the commission
and keep on file in a format readily accessible to the commission, a copy
of all continuing education course training reports.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402216
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.19 concerning reactivation of a license. This adoption is
with changes to the proposed text as published in the October 31, 2003, issue
of the
Texas Register
(28 TexReg 9452).
This adoption is made by amending subsections (g) and (h) of this section.
A change was made to the published proposed text to subsection (g)(5) of this
section replacing the word Rule for the section symbol. This allows the structure
to be consistence with other rules and is non-substantive. A change in the
effective date, as proposed, has been amended to reflect an effective date
of June 1, 2004.
Subsection (g) of this section is amended to clarify the weapons proficiency
requirements in Occupations Code 1701.308. Subsection (h) of this section
is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.308 Weapons Proficiency.
§217.19.Reactivation of a License.
(a)
The commission will place all licenses in an inactive status
when the licensee has neither been reported to the commission as appointed
for more than two years after:
(1)
the last report of termination, or
(2)
the date of last reactivation, nor
(3)
met all the continuing education requirements.
(b)
Individuals with basic licensure training over two years
old must meet the requirements of (g) before they may be appointed.
(c)
Individuals with basic licensure examination results over
two years old must meet the requirements of (g) before they may be appointed.
(d)
The holder of an inactive license is unlicensed for purposes
of these sections and the Occupations Code, Chapter 1701.
(e)
This section includes any permanent peace officer qualification
certificate with an effective date before September 1, 1981.
(f)
This section includes any jailer licenses issued after
March 1, 2001.
(g)
Before individuals with inactive licenses may be appointed
they must:
(1)
meet the current licensing standards, with successful completion
of a basic licensing course current at the time of initial licensure; fulfilling
this requirement;
(2)
successfully complete the legislatively required continuing
education for the current training cycle;
(3)
make application and submit any required fee(s) for an
endorsement in the format currently prescribed by the commission;
(4)
obtain an endorsement, issued by the commission, giving
the individual eligibility to take the required licensing examination; and
(5)
meet the requirements of §217.3; and
(6)
pass the licensing examination for the license to be reactivated.
After three failures, or if the endorsement expires, the individual must re-qualify
by repeating the entire training course for the license sought.
(h)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402217
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.21
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 217.21 concerning firearms proficiency requirements. This adoption
is with changes to the proposed text as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9453).
This adopted amendment is made by adding subsection (c)(4) of this section.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Subsection (c)(4) of this section is amended to recognize the use of a
patrol rifle by some law enforcement agencies. Subsection (d) of this section
is changed to reflect the term weapons from section 211.1 Definitions. Subsection
(e) of this section is amended to clarify the exemption allowed by Occupations
Code 1701.355(b) and subsection (f) of this section is amended to reflect
the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.355 Continuing Demonstration of Weapons Proficiency.
§217.21.Firearms Proficiency Requirements.
(a)
Each agency or entity that employs at least two peace officers
shall:
(1)
require each peace officer that it employs to successfully
complete the current firearms proficiency requirements at least once each
year;
(2)
designate a firearms proficiency officer to be responsible
for the documentation of annual firearms proficiency. The documentation for
each officer shall include:
(A)
date of qualification;
(B)
identification of officer;
(C)
firearm manufacturer, model;
(D)
results of qualifying; and
(E)
course(s) of fire.
(3)
keep on file and in a format readily accessible to the
commission a copy of all records of this proficiency.
(b)
The annual firearms proficiency requirements shall include:
(1)
an external inspection by the proficiency officer, range
officer, firearms instructor, or gunsmith to determine the safety and functioning
of the weapon(s);
(2)
a proficiency demonstration in the care and cleaning of
the weapon(s) used; and
(3)
a course of fire that meets or exceeds the minimum standards.
(c)
The minimum standards for the annual firearms proficiency
course of fire shall be:
(1)
handguns - a minimum of 50 rounds, including at least five
rounds of duty ammunition, fired at ranges from point-blank to at least 15
yards with at least 20 rounds at or beyond seven yards, including at least
one timed reload;
(2)
shotguns - a minimum of five rounds of duty ammunition
fired at a range of at least 15 yards;
(3)
rifles - a minimum of 20 rounds of duty ammunition fired
at a range of at least 100 yards, however an agency may, in its discretion,
allow a range of less than 100 yards but not less than 50 yards if the minimum
passing percentage is raised to 90;
(4)
patrol rifles - a minimum of 30 rounds of duty ammunition
fired at a range of at least 50 yards, including at least one timed reload;
however, an agency may, in its discretion, allow a range of less than 50 yards
but not less than 10 yards if the minimum passing percentage is raised to
90;
(5)
fully automatic weapons - a minimum of 30 rounds of duty
ammunition fired at ranges from seven to at least 10 yards, including at least
one timed reload, with at least 25 rounds fired in full automatic (short bursts
of two or three rounds), and at least five rounds fired semi-automatic, if
possible with the weapon.
(d)
The minimum passing percentage shall be 70 for each firearm.
(e)
The executive director may, upon written agency request,
waive a peace officer's demonstration of weapons proficiency based on a determination
that the requirement causes a hardship.
(f)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402218
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §217.23
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts a repeal to Title 37, Texas Administrative
Code by deleting section 217.23 concerning training standards for conditional
reserve. This adoption of the repeal is without changes to the proposed text
as published in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9454). The adopted repealed rule text will
not be republished.
In 2001, the Commission ended conditional reserve licenses phasing out
the training for the basic and advanced reserves between 2002 and 2004. January
1, 2004 is the last date to report the reserve courses to the commission.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Academies may teach the basic peace officer course in any segments that
they wish, but the commission does not want it reported until the complete
course is successfully finished.
No comments were received.
This section is adopted for repeal under Texas Occupations Code,
Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
The repeal rule as adopted is in compliance with the Texas Occupations
Code §1701.307 Issuance of License.
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 31, 2004.
TRD-200402204
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §219.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 219.1 concerning eligibility to take state examinations. This
adopted amendment is with changes to the proposed text as published in the
October 31, 2003, issue of the
Texas Register
(28
TexReg 9454).
The adopted rule amendment clarifies terminology and including an expiration
date in the requirements of an endorsement. A change in the effective date,
as proposed, has been amended to reflect an effective date of June 1, 2004.
Subsection (j) of this section was added to clarify the requirements of
an academic alternative endorsement. Subsection (k) of this section is amended
to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.304 Examination.
§219.1.Eligibility to Take State Examinations.
(a)
To be eligible to take a state licensing examination, a
student must have a valid endorsement.
(b)
An valid endorsement is based on:
(1)
a previously completed basic licensing course; or
(2)
out-of-state training.
(c)
A valid endorsement shall:
(1)
be in the approved commission format;
(2)
be a completed original document bearing all required signatures,
(3)
state that the examinee has met the current minimum training
standards appropriate to the license sought; and
(4)
include a date of issue and an expiration date.
(d)
For an endorsement to be or remain valid:
(1)
it must not be issued in error or based on false or incorrect
information; specifically, the applicant must meet the current enrollment
standards; or if previously licensed, have met the enrollment standards at
initial licensure; and
(2)
it must be presented before its expiration date.
(e)
An endorsement to take an examination is issued by a training
coordinator, the registrar of a licensed academic alternative provider, the
executive director of the commission, or a person authorized by the executive
director. Duplicate endorsements may only be issued by the executive director
of the commission.
(f)
In order to issue the endorsement of eligibility, the person
issuing such an endorsement, other than a commission employee, must have on
file for the person to whom it is issued, written documentation of successful
completion of the basic licensing course for the license sought; and
(1)
written documentation that the person to whom it is issued
was previously licensed by the commission, or
(2)
if the person is not currently licensed by the commission,
written documentation that the applicant meets the current enrollment standards.
(g)
In order to receive an endorsement from the commission,
individuals must meet all current requirements, to include submitting any
required application currently prescribed by the commission, requested documentation,
and any required fee.
(h)
An examination may not be taken by an individual who already
holds an active license or certificate to be awarded upon passing that examination.
(i)
Once an initial endorsement is issued, an examinee will
be allowed three opportunities to pass the examination while the examinee's
endorsement remains valid. After three failures, the examinee must re-qualify
by repeating the entire training course for the license sought. If an attempt
is invalidated for any reason, except for a commission error, that attempt
will count as one of the three opportunities.
(j)
Once an initial endorsement from academic alternative provider
expires from either date or failure, individuals will be required to re-qualify
by completing the standard coursework for the license sought.
(k)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402219
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §219.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 219.3 concerning examination administration. This adopted amendment
is with changes to the proposed text as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9455).
This adopted amendment clarifies the terminology. A change in the effective
date, as proposed, has been amended to reflect an effective date of June 1,
2004.
Subsection (b) of this section is adopted for amendment and subsection
(c) of this section is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.304 Examination.
§219.3.Examination Administration.
(a)
Each examination may be given by a test administrator or
by one or more proctors under the direction of the test administrator. Each
administrator or proctor shall be either:
(1)
a member of the commission staff; or
(2)
another person designated by the executive director.
(b)
A member of the commission staff, a test administrator,
or a proctor shall:
(1)
set the date, time, and location of any examination;
(2)
ensure that the examination remains secure and is conducted
under conditions warranting honest results;
(3)
monitor the examination while in progress;
(4)
control entrance to and exit from the examination site;
(5)
permit no one in the room while the examination is in progress
except proctors, examinees, and commission staff;
(6)
assign or re-assign seating;
(7)
bar admission to or dismiss any examinee who is not qualified
or eligible to sit for the examination;
(8)
collect all examination materials from anyone who is dismissed;
(9)
comply with any testing agreements;
(10)
record the fact of examination on the endorsement and
collect any fraudulent or questionable endorsement; and
(11)
collect all endorsements and return them to the commission
along with all completed answer sheets.
(c)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402220
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §219.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 219.5 concerning examinee requirements. This adoption is with
changes to the proposed text as published in the October 31, 2003, issue of
the
Texas Register
(28 TexReg 9456).
The adopted amendment is for cleanup. A change in the effective date, as
proposed, has been amended to reflect an effective date of June 1, 2004.
The adopted amendment to subsection (a)(1) of this section for language
were endorsement striking the phrase "of eligibility," and by adding language
to subsection (b) of this section which requires the filing of criminal charges
in Travis County against anyone who steals or attempts to steal any portion
of a licensing examination or who commits a fraudulent act concerning a licensing
examination. Subsection (c) of this section is amended to reflect the effective
date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.304 Examination.
§219.5.Examinee Requirements.
(a)
To be eligible to sit for an examination, an examinee must:
(1)
possess and display at the examination site a valid endorsement
for the specific type of examination sought;
(2)
bring to the examination site and display upon request
some identification card which contains a photograph;
(3)
report on time;
(4)
not disrupt the examination;
(5)
comply with all the written and verbal instructions of
the proctor; and
(6)
shall not:
(A)
bring into the examination room any books, notes, or other
written material related to the content of the examination;
(B)
refer to, use, or possess any such written material in
the examination room;
(C)
bring into the examination room any cellular phones, pagers,
or other such electronic devices;
(D)
give or receive answers or communicate in any manner with
another examinee during the examination;
(E)
communicate any of the content of an examination to another
at any time;
(F)
steal, copy, or in any way reproduce any part of the examination;
(G)
engage in any deceptive or fraudulent act to gain admission;
(H)
engage in any deceptive or fraudulent act during or after
an examination; or
(I)
solicit, encourage, direct, assist or aid another person
to violate any provision of this section or to compromise the integrity of
the examination.
(b)
The commission may deny or revoke any license or certificate
held by a person who violates any of the provision of this section. The commission
shall file a criminal complaint against any individual who steals or attempts
to steal any portion of the examination, or who engages in any fraudulent
act relating to the examination process.
(c)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402222
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §221.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 221.3 concerning peace officer proficiency. This adopted amendment
is with changes as published in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9456).
The adopted amendment are in subsections (a), (b), and (e) of this section.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Subsection (a) of this section is amended by adding a requirement for the
successful completion of a field training program before receiving a basic
proficiency certificate. Subsection (a) of this section is further amended
to clarify the training requirements for peace officers. Subsection (b) of
this section is amended by adding a requirement for Identify Theft training
as required by 1701.253 of the Occupations Code. Subsection (e) of this section
is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.402 Proficiency Certificates.
§221.3.Peace Officer Proficiency.
(a)
To qualify for a basic peace officer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
one year experience as a peace officer; and
(2)
successful completion of a field training course and a
course that includes instruction provided by the employing agency on federal
and state statutes that relate to employment issues affecting peace officers,
including:
(A)
civil service;
(B)
compensation, including overtime compensation, and vacation
time;
(C)
personnel files and other employee records;
(D)
management-employee relations in law enforcement organizations;
(E)
work-related injuries;
(F)
complaints and investigations of employee misconduct; and
(G)
disciplinary actions and the appeal of disciplinary actions.
(b)
To qualify for an intermediate peace officer proficiency
certificate, an applicant must meet all proficiency requirements including:
(1)
a basic peace officer certificate;
(2)
one of the following combinations of training hours or
degrees and peace officer experience:
(A)
400 training hours and eight years;
(B)
800 training hours and six years;
(C)
1200 training hours and four years or an associate's degree
and four years; or
(D)
2400 training hours and two years or a bachelor's degree
and two years.
(3)
if the basic peace officer certificate was issued or qualified
for on or after January 1, 1987, the licensee must also complete all of the
current intermediate peace officer certification courses, which include:
(A)
Child Abuse Prevention and Investigation;
(B)
Crime Scene Investigation;
(C)
Use of Force;
(D)
Arrest, Search and Seizure;
(E)
Spanish for Law Enforcement;
(F)
Asset Forfeiture;
(G)
Racial Profiling, and
(H)
Identity Theft.
(c)
To qualify for an advanced peace officer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
an intermediate peace officer certificate; and
(2)
one of the following combinations of training hours or
degrees and peace officer experience:
(A)
800 training hours and 12 years;
(B)
1200 training hours and nine years or an associate's degree
and six years;
(C)
2400 training hours and six years or a bachelor's degree
and five years;
(d)
To qualify for a master peace officer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
an advanced peace officer certificate; and
(2)
one of the following combinations of training hours or
degrees and peace officer experience:
(A)
1200 training hours and 20 years or an associate's degree
and 12 years;
(B)
2400 training hours and 15 years or a bachelor's degree
and nine years;
(C)
3300 training hours and 12 years or a master's degree and
seven years, or
(D)
4000 training hours and 10 years or a doctoral degree and
five years.
(e)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402223
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §221.5
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 221.5 concerning jailer proficiency. This adopted amendment
is with changes as published in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9457).
Adopted amendments were made to subsections (a) and (e) of this section.
A change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
Subsection (a) of this section is amended by adding a requirement for the
successful completion of a field training program before receiving a basic
proficiency certificate. Subsection (a) of this section is further amended
to clarify the training requirements are for jailers. Subsection (e) of this
section is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.402 Proficiency Certificates.
§221.5.Jailer Proficiency.
(a)
To qualify for a basic jailer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
one year of experience as a jailer; and
(2)
successful completion of a field training course and a
course that includes instruction provided by the employing agency on federal
and state statutes that relate to employment issues affecting jailers, including:
(A)
civil service;
(B)
compensation, including overtime compensation, and vacation
time;
(C)
personnel files and other employment records;
(D)
management-employee relations in law enforcement organizations;
(E)
work-related injuries;
(F)
complaints and investigations of employee misconduct; and
disciplinary actions and the appeal of disciplinary actions.
(b)
To qualify for an intermediate jailer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
training related to the management and operation of a correctional
facility (including county jails); and
(2)
one of the following combinations of training hours or
degrees and jailer experience:
(A)
400 training hours and six years;
(B)
800 training hours and four years;
(C)
1200 training hours and two years or an associate's degree
and two years;
(D)
2400 training hours and one year or a bachelor's degree
and one year.
(3)
if the basic jailer certificate was issued or qualified
for on or after March 1, 1993, the applicant must also complete all of the
current intermediate jailer certification courses, which include:
(A)
Suicide Detection and Prevention in Jails;
(B)
Inmate Rights and Privileges;
(C)
Interpersonal Communications in the Correctional Setting;
(D)
Use of Force in a Jail Setting; and
(E)
Spanish for Law Enforcement.
(c)
To qualify for an advanced jailer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
an intermediate jailer certificate; and
(2)
one of the following combinations of training hours or
degrees and jailer experience:
(A)
800 training hours and eight years;
(B)
1200 training hours and six years or an associate's degree
and six years; or
(C)
2400 training hours and four years or a bachelor's degree
and four years;
(d)
To qualify for a master jailer proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
an advanced jailer certificate; and
(2)
one of the following combinations of training hours and
jailer experience:
(A)
1200 training hours and 20 years, or an associate's degree
and 12 years;
(B)
2400 training hours and 15 years, or a bachelor's degree
and nine years;
(C)
3300 training hours and 12 years, or a master's degree
and seven years; or
(D)
4000 training hours and 10 years, or a doctoral degree
and five years.
(e)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402224
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §221.13
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 221.13 concerning emergency telecommunications proficiency.
This adopted amendment is with changes as published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9458).
Subsections (a), (b), and (d) of this section are adopted amendments to
this section. A change in the effective date, as proposed, has been amended
to reflect an effective date of June 1, 2004.
Subsection (a) of this section is amended by adding a requirement for the
successful completion of a field training program before receiving a basic
proficiency certificate. Subsection (b) of this section is amended for organizational
clarification. Subsection (d) of this section is amended to reflect the effective
date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.402 Proficiency Certificates.
§221.13.Emergency Telecommunications Proficiency.
(a)
To qualify for a basic telecommunications proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
successful completion of a 40-hour course developed or
approved by the commission;
(2)
successful completion of a departmental field training
course; and
(3)
one year of experience in public safety telecommunications.
(b)
To qualify for an intermediate telecommunications proficiency
certificate, an applicant must meet all proficiency requirements including:
(1)
basic telecommunications certification;
(2)
at least two years experience in public safety telecommunications;
(3)
120 hours of training; and
(4)
if the basic telecommunications certificate was issued
or qualified for on or after January 1, 2000, successful completion of required
courses as specified by the commission, which include:
(A)
Cultural Diversity;
(B)
Ethics for Law Enforcement;
(C)
Crisis Communications;
(D)
TCIC/NCIC for Full Access Operators; NLETS/TLETS; or Criminal
Law; and
(E)
Spanish for Law Enforcement.
(c)
To qualify for an advanced telecommunications proficiency
certificate, an applicant must meet all proficiency requirements including:
(1)
intermediate telecommunications certificate;
(2)
at least four years experience in public safety telecommunications;
and
(3)
240 training hours.
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402225
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §221.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code to section 221.19 concerning firearms instructor proficiency. This adopted
amendment is with changes as published in the October 31, 2003, issue of the
The adopted amendment is for clarification. A change in the effective date,
as proposed, has been amended to reflect an effective date of June 1, 2004.
The title is amended by expanding this section to include other licensees
and subsection (b) of this section is amended to reflect the effective date
for these changes.
The Commission received one comment from a Sergeant and training coordinator
at the Addison Police Department for clarification of the term firearms instructor.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.402 Proficiency Certificates.
§221.19.Firearms Instructor Proficiency.
(a)
To qualify for a firearms instructor proficiency certificate,
an applicant must meet all proficiency requirements including:
(1)
at least three years' experience as a licensee or a firearms
instructor;
(2)
currently holds an instructor license or certificate issued
by the commission; and
(3)
successful completion of the commission's firearms instructor
course.
(b)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402226
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §221.31
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts a new rule to Title 37, Texas Administrative
Code by adding section 221.31 concerning retired peace officer firearms proficiency.
This adoption is with changes to the proposed text as published in the October
31, 2003, issue of the
Texas Register
(28
TexReg 9459).
The new rule establishes compliance with the Texas Occupations Code §1701.357
Weapons Proficiency for Certain Retired Peace Officers and Federal Criminal
Investigators. A change was made to the published proposed text to subsection
(c) of this section replacing the word Rule for the section symbol. This allows
the structure to be consistence with other rules and is non-substantive. A
change in the effective date, as proposed, has been amended to reflect an
effective date of June 1, 2004.
The new rule is added due to the addition of Occupations Code 1701.357
for retired peace officer firearms proficiency.
No comments were received.
This new rule is adopted under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter.
The new rule as adopted is in compliance with the Texas Occupations Code §1701.357
Weapons Proficiency for Certain Retired Peace Officers and Federal Criminal
Investigators.
§221.31.Retired Peace Officer Firearms Proficiency.
(a)
The head of a sheriff's office, constable's office, city
marshal, municipal department, or the Parks and Wildlife Commission may issue
a proficiency certificate to an honorably retired peace officer in accordance
with Occupations Code 1701.357.
(b)
The head of a state law enforcement agency may issue a
proficiency certificate to an honorably retired special agent from the Federal
Bureau of Investigation or Federal Drug Enforcement Agency in accordance with
Occupations Code 1701.357.
(c)
The minimum qualification requirements shall be the same
as §217.21(c).
(d)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402202
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §223.13
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 223.13 concerning voluntary surrender of license. This adopted
amendment is with changes to the proposed text as published in the October
31, 2003, issue of the
Texas Register
(28
TexReg 9459).
The adopted amendment requires a notarized signature. A change in the effective
date, as proposed, has been amended to reflect an effective date of June 1,
2004.
This amendment by adding language to subsection (d) of this section requires
any voluntary surrender of license document submitted to the Commission to
be notarized by a notary public. Subsection (h) of this section is amended
to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Occupations
Code §1701.501 Disciplinary Action.
§223.13.Voluntary Surrender of License.
(a)
A licensee may voluntarily surrender a license:
(1)
as part of an employee termination agreement;
(2)
as part of a plea bargain to a criminal charge;
(3)
as part of an agreed settlement to commission action; or
(4)
for any other reason.
(b)
A license may be surrendered either permanently or for
a stated term.
(c)
Effective dates.
(1)
The beginning date for any surrender shall be the date
stated in the request or, if none, the date it was received by the commission.
(2)
A term surrender shall have its ending date stated in the
request.
(3)
Any request without a stated ending date shall be construed
as a permanent surrender.
(4)
A permanent surrender shall have no ending date.
(d)
A licensee may voluntarily surrender any license by sending,
or causing to be sent, a signed, notarized, written request to the executive
director, who may accept or reject the request. The signed written request
shall indicate that the licensee understands and has knowledge of the consequences
of the document being signed. The executive director may accept requests for
voluntary surrender submitted to the commission in any other form that indicates
the licensee intends to voluntarily surrender the license to the commission.
The executive director may liberally construe the intent of any request and
may, specifically, construe the surrender of any single commission license
to be a surrender of all other licenses held unless the request expressly
states otherwise. The surrender should include a summary of the reason for
the surrender.
(e)
If accepted, the licensee is no longer licensed under either
type of surrender:
(1)
effective on the beginning date of the surrender; and
(2)
except for permanent surrenders, until such person applies
for and meets the requirements of a new license.
(f)
In case of such application for reinstatement, the executive
director:
(1)
shall deny the new license based upon any failure to meet
the current minimum standards for licensing;
(2)
may deny a new license of the same or any other type based
solely upon a voluntary surrender:
(A)
if permanent; or
(B)
if for a term that has not yet expired;
(3)
may approve the reinstatement and may give notice to any
agency or individual named in the original surrender and then may impose any
previously agreed conditions (such as suspensions, probated terms of suspension,
etc.).
(g)
The executive director shall inform the commission of any
of the following that have occurred since the last meeting:
(1)
any surrender that was accepted; and
(2)
any application for reinstatement that was granted or denied.
(h)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402227
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §225.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts an amendment to Title 37, Texas Administrative
Code, section 225.1 concerning issuance of jailer license through a contract
jail facility. This adopted amendment is with changes to the proposed text
as published in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9460).
The adopted amendment to subsections (a), (b), (c) and (e) of this section
are for clarification. A change was made to the published proposed text to
subsection (b), (c), (d) and (f) of this section replacing the word Rule for
the section symbol. This allows the structure to be consistence with other
rules and is non-substantive. A change in the effective date, as proposed,
has been amended to reflect an effective date of June 1, 2004.
The adopted amendment to (a) and (e) of this section is to clarify that
jailers or temporary jailers appointed by a contract jail facility must submit
a fee. Subsections (b), (c), and (d) of this section were added to clarify
reporting responsibilities of contract jail facilities. Subsection (f) of
this section is added to clarify the continuing education requirements. Subsection
(g) of this section is amended to reflect the effective date for these changes.
No comments were received.
This section is adopted for amendment under Texas Occupations
Code, Chapter 1701, §1701.151 General Powers which authorized the Commission
to promulgate rules for administration of this chapter.
This section as adopted for amendment is in compliance with the Texas Government
Code §511.0092 Contracts for Out-Of-State Inmates.
§225.1.Issuance of Jailer License through a Contract Jail Facility.
(a)
The commission shall issue a jailer license to an individual
appointed by a contract jail facility who meets all the minimum standards
for jailer licensure, and submits both the current commission application
and any required fees.
(b)
A contract jail facility that appoints an individual who
already holds a valid, active jailer license shall meet the appointment requirements
of §217.7, including submitting any required fee.
(c)
Before appointing a licensee whose license has expired,
a contract jail facility shall meet the appointment requirements of §217.7,
including submitting any required fee, and ensure that the individual meets
the current minimum standards for licensure.
(d)
A contract jail facility that appoints an individual with
a 180-day break in service shall meet the appointment requirements of §217.7,
including submitting any required fee.
(e)
The commission shall issue a temporary jailer license to
an individual appointed by a contract jail facility who meets all the minimum
standards for licensure except for training and testing, and submits both
the current commission application and any required fees. A temporary jailer
license expires 12 months from the original issue date, and may not be reissued.
(f)
Individuals licensed as jailers appointed by a contract
jail facility shall meet the continuing education requirements in §217.11.
(g)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402228
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
37 TAC §225.3
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) adopts a new rule to Title 37, Texas Administrative
Code by adding section 225.3 concerning issuance of peace officer license
through a medical corporation. This adoption is with changes to the proposed
text as published in the October 31, 2003, issue of the
Texas Register
(28 TexReg 9461).
The new rule establishes compliance with the amended Texas Occupations
Code §51.214 Security Officers for Medical Corporations in Certain Municipalities.
A change was made to the published proposed text to subsection (b) replacing
the word Rule for the section symbol. This allows the structure to be consistence
with other rules and is non-substantive. A change in the effective date, as
proposed, has been amended to reflect an effective date of June 1, 2004.
The new rule is added for application standards, including fees, for medical
corporations.
No comments were received.
This new rule is adopted under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter.
The new rule as adopted is in compliance with the amended Texas Occupations
Code §51.214 Security Officers for Medical Corporations in Certain Municipalities.
§225.3.Issuance of Peace Officer License through a Medical Corporation.
(a)
The commission shall issue a peace officer license to an
individual appointed by a medical corporation who meets all the minimum standards
for peace officer licensure, and submits both the current commission application
and any required fees.
(b)
A medical corporation that appoints an individual who already
holds a valid, active peace officer license shall meet the appointment requirements
of §217.7, including submitting any required fee.
(c)
Before appointing a licensee whose peace officer license
has expired, a medical corporation shall meet the appointment requirements
of §217.7, including submitting any required fee, and ensure that the
individual meets the current minimum standards for licensure.
(d)
A medical corporation that appoints an individual with
a 180-day break in service shall meet the appointment requirements of §217.7,
including submitting any required fee.
(e)
Individuals licensed as peace officers appointed by a medical
corporation shall meet the continuing education requirements in §217.11.
(f)
The effective date of this section is June 1, 2004.
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 31, 2004.
TRD-200402203
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Effective date: June 1, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 936-7700
Subchapter B. PLACEMENT PLANNING
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
Chapter 99.
GENERAL PROVISIONS
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 215.
TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
Chapter 217.
LICENSING REQUIREMENTS
Chapter 219.
PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS OF ELIGIBILITY
Chapter 221.
PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES
Chapter 223.
ENFORCEMENT
Chapter 225.
CONTRACT JAILER CERTIFICATION
Chapter 229.
TEXAS PEACE OFFICERS' MEMORIAL ADVISORY COMMITTEE