Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 211.
ADMINISTRATION
37 TAC §211.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to §211.1, concerning
Definitions by amending the definitions of: academic program, accredited college
or university, basic licensing course, firearms, field training program, high
school diploma, patrol rifle, rifle, Texas peace officer, training coordinator,
training cycle and training hours for clarification. The following definitions
were added for clarification: precision rifle and resigned/terminated. Subsection
(b) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for the each year of the first five
years the section as proposed will be in effect there will be no anticipated
economic cost to large, small, or micro businesses as a result of the proposed
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect, there will a be positive benefit
to the public by clarifying the definitions and the rules promulgated by the
Commission.
The Commission has determined that for each year of the first five year
the section as proposed will be in effect there will be no anticipated economic
cost to individuals as a result of the proposed section.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.001 Definitions.
No other code, article, or statute is affected by this proposal.
§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)
(No change.)
(2)
Academic
alternative
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 Commission on Colleges and Universities
[
(4) - (9)
(No change.)
(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,
Academic Alternative and
[
(11) - (25)
(No change.)
(26)
Firearms--Any handgun, shotgun,
precision
rifle,
patrol rifle, or fully automatic weapon that is carried by the individual
officer in an official capacity [
(27)
(No change.)
(28)
Field training program--A program intended to facilitate
a [
(29) - (30)
(No change.)
(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
accepted by
the Texas Education Agency[
(32) - (43)
(No change.)
(44)
Patrol rifle--Any [
(45) - (47)
(No change.)
(48)
Precision rifle--Any rifle
with a frame mounted optical sighting device greater than 3 power that is
carried by the individual officer in an official capacity.
(49)
[
(50)
[
(51)
[
(52)
Resigned/Terminated--an explanation
of the circumstances under which the individual resigned (retired, honorably
discharged), was terminated (dishonorably discharged, generally discharged),
or other (killed in the line of duty, died, or disabled) in accordance with §1701.452.
(53)
[
(54)
[
(55)
[
[
(56)
[
(57)
[
(58)
[
(A)
70 percent or better; or
(B)
C or better; or
(C)
pass, if offered as pass/fail.
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
(65)
[
(66)
[
(b)
The effective date of this section is June 1,
2006
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 13, 2006.
TRD-200600217
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 26, 2006
For further information, please call: (512) 936-7717
Northwest Association of Schools and Colleges
], or the
Western Association of Schools and Colleges.
Criminal Justice Transfer Curriculum,
] County Corrections[
, and
Basic Instructor
].
on or off duty
].
peace officer's
] transition from the academic setting to the
performance of the general [
law enforcement
] duties of the appointing
agency.
, or a comparable regulatory body in
another state
].
semi-automatic,
] magazine-fed
repeating
rifle with iron/open sights or with a frame mounted optical
enhancing sighting device,
3 power or less,
that is carried by
the individual officer in an official capacity [
on or off duty
].
(48)
] Proprietary training contractor--An
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:
(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
meets the requirements of §215.9
[
has the knowledge and skills
to oversee the training activity conducted by that provider
].
(61)
] Training cycle--
A
[
One period from the set of contiguous
] 48-month
period as established
by the Commission
[
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.
2004
] .
Chapter 217.
LICENSING REQUIREMENTS