reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3601. Cancellation and Settlement Policy

Sec. 1603.3601.  CANCELLATION AND SETTLEMENT POLICY.  The holder of a private postsecondary school license shall maintain a cancellation and settlement policy that provides a full refund of money paid by a student if the student:
(1)  cancels the enrollment agreement or contract not later than midnight of the third day after the date the agreement or contract is signed by the student, excluding Saturdays, Sundays, and legal holidays;  or
(2)  entered into the enrollment agreement or contract because of a misrepresentation made:
(A)  in the advertising or promotional materials of the school;  or
(B)  by an owner or representative of the school.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3602. Refund Policy

Sec. 1603.3602.  REFUND POLICY.  (a)  The holder of a private postsecondary school license shall maintain a refund policy to provide for the refund of any unused parts of tuition, fees, and other charges paid by a student who, at the expiration of the cancellation period established under Section 1603.3601:
(1)  fails to enter the course of training;
(2)  withdraws from the course of training;  or
(3)  is terminated from the course of training before completion of the course.
(b)  The refund policy must provide that:
(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in scheduled hours, as specified by an enrollment agreement, contract, or other document acceptable to the department;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last date of attendance, if the student is terminated by the school;
(B)  the date the license holder receives the student's written notice of withdrawal; or
(C)  10 school days after the last date of attendance; and
(3)  the school may retain not more than $100 if:
(A)  tuition is collected before the course of training begins; and
(B)  the student does not begin the course of training before the cancellation period established under Section 1603.3601 expires.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3603. Withdrawal or Termination of Student

Sec. 1603.3603.  WITHDRAWAL OR TERMINATION OF STUDENT.  (a)  If a student at a private postsecondary school begins a course of training that is scheduled to run not more than 12 months and, during the last 50 percent of the course, withdraws from the course or is terminated by the school, the school:
(1)  may retain 100 percent of the tuition and fees paid by the student; and
(2)  is not obligated to refund any additional outstanding tuition.
(b)  If a student at a private postsecondary school begins a course of training that is scheduled to run not more than 12 months and, before the last 50 percent of the course, withdraws from the course or is terminated by the school, the school shall refund:
(1)  90 percent of any outstanding tuition for a withdrawal or termination that occurs during the first week or first 10 percent of the course, whichever period is shorter;
(2)  80 percent of any outstanding tuition for a withdrawal or termination that occurs after the first week or first 10 percent of the course, whichever period is shorter, but within the first three weeks of the course;
(3)  75 percent of any outstanding tuition for a withdrawal or termination that occurs after the first three weeks of the course but not later than the completion of the first 25 percent of the course;  and
(4)  50 percent of any outstanding tuition for a withdrawal or termination that occurs not later than the completion of the first 50 percent of the course.
(c)  A refund owed under this section must be paid not later than the 30th day after the date the student becomes eligible for the refund.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3604. Interest on Refund

Sec. 1603.3604.  INTEREST ON REFUND.  (a)  If tuition is not refunded within the period required by Section 1603.3603, the private postsecondary school shall pay interest on the amount of the refund for the period beginning the first day after the date the refund period expires and ending the day preceding the date the refund is made.
(b)  If tuition is refunded to a lending institution, the interest shall be paid to that institution and applied against the student's loan.
(c)  The commissioner of education shall annually set the interest rate at a rate sufficient to deter a school from retaining money paid by a student.
(d)  The department may exempt a school from the payment of interest if the school makes a good faith effort to refund the tuition but is unable to locate the student.  The school shall provide to the department on request documentation of the effort to locate the student.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3605. Reentry of Student After Withdrawal

Sec. 1603.3605.  REENTRY OF STUDENT AFTER WITHDRAWAL.  If a student voluntarily withdraws or is terminated after completing 50 percent of the course at a private postsecondary school, the school shall allow the student to reenter at any time during the 48-month period following the date of withdrawal or termination unless the student presents a danger to the other students or staff of the school.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3606. Effect of Student Withdrawal

Sec. 1603.3606.  EFFECT OF STUDENT WITHDRAWAL.  (a)  A private postsecondary school shall record a grade of incomplete for a student who withdraws but is not entitled to a refund under Section 1603.3603 if the student:
(1)  requests the grade at the time the student withdraws;  and
(2)  withdraws for an appropriate reason unrelated to the student's academic status.
(b)  A student who receives a grade of incomplete may reenroll in the program during the 48-month period following the date the student withdraws and complete the subjects without payment of additional tuition.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3607. Effect of Private Postsecondary School Closure

Sec. 1603.3607.  EFFECT OF PRIVATE POSTSECONDARY SCHOOL CLOSURE.  (a)  If a private postsecondary school closes, the department shall attempt to arrange for students enrolled in the closed school to attend another private postsecondary school.
(b)  If a student from a closed school is placed in another private postsecondary school, the expense incurred by the school in providing training directly related to educating the student, including the applicable tuition for the period for which the student paid tuition, shall be paid from the barbering and cosmetology school tuition protection account.
(c)  If a student from a closed private postsecondary school cannot be placed in another private postsecondary school, the student's tuition and fees shall be refunded as provided by Section 1603.3602.  If a student from a closed private postsecondary school does not accept a place that is available and reasonable in another private postsecondary school, the student's tuition and fees shall be refunded as provided by Section 1603.3603.  A refund under this subsection shall be paid from the barbering and cosmetology school tuition protection account.  The amount of the refund may not exceed $35,000.
(d)  If another private postsecondary school assumes responsibility for the closed school's students and there are no significant changes in the quality of the training, the student from the closed school is not entitled to a refund under Subsection (c).
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3608. Barbering and Cosmetology School Tuition Protection Account

Sec. 1603.3608.  BARBERING AND COSMETOLOGY SCHOOL TUITION PROTECTION ACCOUNT.  (a)  If on January 1 of any year the amount in the barbering and cosmetology school tuition protection account is less than $225,000, the department shall collect a fee from each private postsecondary school during that year by applying a percentage to the school's renewal fee at a rate that will bring the balance of the account to $225,000.
(b)  The department shall administer claims made against the account.
(c)  The comptroller shall invest the account in the same manner as other state funds.
(d)  Sufficient money from the account shall be appropriated to the department for the purpose described by Section 1603.3607.
(e)  Attorney's fees, court costs, or damages may not be paid from the account.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter H. -1. Financial Provisions Applicable to Private Postsecondary Schools › Section 1603.3609. Rules

Sec. 1603.3609.  RULES.  The commission by rule may:
(1)  adjust any tuition reimbursement limit established under this subchapter; and
(2)  adopt procedures regarding the collection of fees from private postsecondary schools under Section 1603.3608.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.29, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter I. Denial and Disciplinary Procedures › Section 1603.401. Denial, Suspension, or Revocation

Sec. 1603.401.  DENIAL, SUSPENSION, OR REVOCATION.  The department may deny an application for issuance or renewal of, or may suspend or revoke, a license or permit if the applicant or person holding the license or permit:
(1)  engages in gross malpractice;
(2)  knowingly continues to practice while having an infectious or contagious disease;
(3)  knowingly makes a false or deceptive statement in advertising;
(4)  advertises, practices, or attempts to practice under another person's name or trade name;
(5)  engages in fraud or deceit in obtaining a license or permit; or
(6)  engages in an act that violates this chapter or Chapter 51 or a rule or order adopted or issued under this chapter or Chapter 51.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.30, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter J. Other Enforcement Provisions › Section 1603.453. Appeal Bond Not Required

Sec. 1603.453.  APPEAL BOND NOT REQUIRED.  The department is not required to give an appeal bond in a cause arising under this chapter.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.32, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter J. Other Enforcement Provisions › Section 1603.454. Enforcement by Attorney General

Sec. 1603.454.  ENFORCEMENT BY ATTORNEY GENERAL.  The attorney general shall represent the department in an action to enforce this chapter.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.32, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter A. General Provisions › Section 1701.002. Application of Sunset Act

Sec. 1701.002.  APPLICATION OF SUNSET ACT.  The Texas Commission on Law Enforcement is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 1.02, eff. May 18, 2013.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 1.05(a), eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter A. General Provisions › Section 1701.003. Application of Chapter

Sec. 1701.003.  APPLICATION OF CHAPTER.  (a)  Except as expressly provided by this chapter, this chapter does not:
(1)  limit the powers or duties of a municipality or county;  or
(2)  affect Chapter 143, Local Government Code.
(b)  This chapter does not affect a constable or other officer or county jailer elected under the Texas Constitution before September 1, 1985, and does not affect a person who held the office of sheriff before January 1, 1994.
(c)  This chapter does not prevent an employing agency from establishing qualifications and standards for hiring or training officers, county jailers, or telecommunicators that exceed the commission's minimum standards.
(d)  A provision of this chapter applying to issuance or revocation of a peace officer license applies to issuance or revocation of a public security officer license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter A. General Provisions › Section 1701.004. Reference to Commission on Law Enforcement Officer Standards and Education

Sec. 1701.004.  REFERENCE TO COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION.  A reference in law to the Commission on Law Enforcement Officer Standards and Education or the Texas Commission on Law Enforcement Officer Standards and Education means the Texas Commission on Law Enforcement.
Added by Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 1.03, eff. May 18, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.051. Commission Membership

Sec. 1701.051.  COMMISSION MEMBERSHIP.  (a)  The Texas Commission on Law Enforcement is an agency of this state and consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  three members who are sheriffs, constables, or chiefs of police;
(2)  three members who:
(A)  are licensed under this chapter, two of whom are peace officers who, at the time of appointment, hold nonsupervisory positions with a law enforcement agency; and
(B)  have been licensed under this chapter for the five years preceding the date of appointment; and
(3)  three members who represent the public.
(b)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(c)  A public officer appointed to the commission serves on the commission as an additional duty of the office.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 35(1), eff. September 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 35(1), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 1.05, eff. May 18, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.052. Eligibility of Public Members

Sec. 1701.052.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of law enforcement;
(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission;
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses;  or
(5)  is an officer, employee, or paid consultant of a law enforcement labor union.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.053. Membership and Employee Restrictions

Sec. 1701.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a commission member and may not be an employee of the commission employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of law enforcement or county corrections; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of law enforcement or county corrections.
(c)   A person may not be a member of the commission or act as the general counsel to the commission or the agency if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the commission's operation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.054. Terms; Vacancy

Sec. 1701.054.  TERMS;  VACANCY.  (a)  Appointed commission members serve staggered six-year terms.  Every two years:
(1)  the term of one of the members appointed under Section 1701.051(a)(1) expires;
(2)  the term of one of the members appointed under Section 1701.051(a)(2) expires;  and
(3)  the term of one of the members appointed under Section 1701.051(a)(3) expires.
(b)  A vacancy in an office of a member of the commission shall be filled for the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.055. Officers; Quorum; Voting

Sec. 1701.055.  OFFICERS;  QUORUM;  VOTING.  (a)  The governor shall designate a commission member to serve as the commission's presiding officer.  The presiding officer serves in that capacity at the will of the governor.
(b)  At its first meeting after appointment of members to serve regular terms, the commission shall elect an assistant presiding officer and a secretary from its appointed members.
(c)  Five members constitute a quorum.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1224, Sec. 6, eff. September 1, 2011.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1224 (S.B. 542), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1224 (S.B. 542), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.056. Grounds for Removal

Sec. 1701.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 1701.051(a) or 1701.052;
(2)  does not maintain during service on the commission the qualifications required by Section 1701.051(a) or 1701.052;
(3)  is ineligible for membership under Section 1701.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the commission's presiding officer of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.057. Compensation; Reimbursement

Sec. 1701.057.  COMPENSATION;  REIMBURSEMENT.  (a)  A commission member may not receive compensation for service on the commission.
(b)  A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing functions under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.058. Meetings

Sec. 1701.058.  MEETINGS.  (a)  The commission shall meet at least once during each biennium to receive public comment on training and standards for officers and county jailers.  Within a reasonable time after the meeting, the commission shall report to the governor and legislature findings and recommendations resulting from the meeting.
(b)  The commission may meet at other times and places in this state that the commission considers proper.  The presiding officer may call a meeting on the officer's own motion and shall call a meeting on the written request of five members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.059. Training

Sec. 1701.059.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each commission member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 4, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter B. Texas Commission on Law Enforcement › Section 1701.060. Application of Open Records Law and Administrative Procedure Law

Sec. 1701.060.  APPLICATION OF OPEN RECORDS LAW AND ADMINISTRATIVE PROCEDURE LAW.  Except as provided by Sections 1701.502 and 1701.503, the commission is subject to Chapters 551 and 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.101. Executive Director

Sec. 1701.101.  EXECUTIVE DIRECTOR.  The commission may employ an executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.102. Personnel

Sec. 1701.102.  PERSONNEL.  The commission may employ personnel necessary to perform commission functions.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.103. Division of Responsibilities

Sec. 1701.103.  DIVISION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly define the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.104. Qualifications and Standards of Conduct Information

Sec. 1701.104.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The executive director or the executive director's designee shall provide, as often as necessary, to the commission's members and employees information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.105. Career Ladder Program; Performance Evaluations

Sec. 1701.105.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the agency.  The program must require intra-agency posting of all positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for commission employees must be based on this system.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter C. Executive Director and Personnel › Section 1701.106. Equal Employment Opportunity Policy; Report

Sec. 1701.106.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies related to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission workforce that meets federal and state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;
(3)  procedures by which a determination can be made of underuse in the commission workforce of all persons for whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.151. General Powers of Commission; Rulemaking Authority

Sec. 1701.151.  GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY.  The commission may:
(1)  adopt rules for the administration of this chapter and for the commission's internal management and control;
(2)  establish minimum standards relating to competence and reliability, including education, training, physical, and mental standards, for licensing as an officer, county jailer, public security officer, or telecommunicator;
(3)  report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;
(4)  require a state agency or a county, special district, or municipality in this state that employs officers, telecommunicators, or county jailers to submit reports and information;
(5)  contract as the commission considers necessary for services, facilities, studies, and reports required for:
(A)  cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and
(B)  performance of the commission's other functions; and
(6)  conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 1, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.152. Rules Relating to Hiring Date of Peace Officer

Sec. 1701.152.  RULES RELATING TO HIRING DATE OF PEACE OFFICER.  The commission may not adopt or enforce a rule that sets the date of appointment of a peace officer at a later date than the date that appears on employment records of the hiring law enforcement agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.1521. Use of Technology

Sec. 1701.1521.  USE OF TECHNOLOGY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.1522. Alternative Dispute Resolution

Sec. 1701.1522.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.1523. Electronic Submission of Forms, Data, and Documents

Sec. 1701.1523.  ELECTRONIC SUBMISSION OF FORMS, DATA, AND DOCUMENTS.  The commission by rule shall:
(1)  develop and establish a system for the electronic submission of forms, data, and documents required to be submitted to the commission under this chapter; and
(2)  once that system is established, require law enforcement agencies to submit to the commission electronically any form, data, or document required to be submitted to the commission under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.1524. Rules Relating to Consequences of Criminal Conviction or Deferred Adjudication

Sec. 1701.1524.  RULES RELATING TO CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.  (a)  The commission by rule shall establish guidelines consistent with this chapter that are necessary to comply with Chapter 53 to the extent that chapter applies to persons licensed under this chapter.
(b)  In its rules under this section, the commission shall list the offenses for which a conviction would constitute grounds for the commission to take action under Section 53.021 or for which placement on deferred adjudication community supervision would constitute grounds for the commission to take action under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.1525. Rules Related to Acceptance of Credit Hours for Completion of Certain High School Courses

Sec. 1701.1525.  RULES RELATED TO ACCEPTANCE OF CREDIT HOURS FOR COMPLETION OF CERTAIN HIGH SCHOOL COURSES.  (a)  The commission shall adopt rules that establish a procedure under which credit hours earned for the successful completion of high school courses that directly relate to law enforcement can be counted toward the hours of training required of an applicant for a peace officer license issued under Section 1701.307.
(b)  The rules adopted under this section must require that an applicant submit to the commission a high school transcript that indicates the applicant earned an endorsement in the public services category, as described by Section 28.025(c-1), Education Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1024 (H.B. 1545), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.153. Reports From Agencies and Schools

Sec. 1701.153.  REPORTS FROM AGENCIES AND SCHOOLS.  (a)  The commission shall establish reporting standards and procedures for:
(1)  the appointment or employment and the termination of officers, county jailers, and telecommunicators by law enforcement agencies;
(2)  the activities of licensed training schools; and
(3)  other matters the commission considers necessary for the administration of this chapter.
(b)  The commission shall furnish each agency and licensed training school with the required reporting forms, including access to electronic submission forms when the system under Section 1701.1523 is established.
(c)  The chief administrative officer of a law enforcement agency or licensed training school is responsible for compliance with the reporting standards and procedures prescribed by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.154. Fees

Sec. 1701.154.  FEES.  The commission may establish reasonable and necessary fees for the administration of this chapter, including reasonable and necessary fees for the administration of Section 1701.257.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.155. Gifts and Grants

Sec. 1701.155.  GIFTS AND GRANTS.  The commission may accept grants or gifts from private individuals, foundations, or the federal government.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.156. Law Enforcement Officer Standards and Education Fund

Sec. 1701.156.  LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FUND.  (a)  The law enforcement officer standards and education fund account is in the general revenue fund.
(b)  The commission shall use the account in administering this chapter and performing other commission duties established by law.
(c)  The Department of Public Safety may use money appropriated to the department from the account to award grants to local law enforcement agencies for training on incident-based reporting systems to be used for reporting information and statistics concerning criminal offenses committed in this state.  The department shall adopt rules governing the award of grants by the department under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 87, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 35(2), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 33, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.159. Active and Inactive Peace Officers

Sec. 1701.159.  ACTIVE AND INACTIVE PEACE OFFICERS.  (a)  The commission shall establish a list of active licensed peace officers and a list of inactive licensed peace officers who leave the employment of a law enforcement agency.
(b)  A retired peace officer as defined by Section 1701.3161 continues to hold as an inactive license the license the retired officer held at the time the retired officer last served as an elected, appointed, or employed peace officer unless the license was revoked for cause under Section 1701.501.
(c)  A retired peace officer who holds an inactive license may not serve as a peace officer unless the person reactivates the license as provided by Section 1701.316 or 1701.3161.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 878 (H.B. 1955), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.160. Authority to Commission Investigators as Peace Officers

Sec. 1701.160.  AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE OFFICERS.  The commission may commission certified peace officers as investigators employed by the commission for the limited purpose of assisting the commission in administering this chapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.501(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter D. Powers and Duties of Commission › Section 1701.161. Provision of State Flag to Next of Kin of Deceased Peace Officer

Sec. 1701.161.  PROVISION OF STATE FLAG TO NEXT OF KIN OF DECEASED PEACE OFFICER.  (a)  If the next of kin of a deceased peace officer requests a state flag, the commission shall:
(1)  provide a state flag, at no cost to the next of kin, if the peace officer was:
(A)  a current peace officer at the time of the officer's death; or
(B)  an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state; and
(2)  notify the office of the governor of the death of the peace officer.
(b)  The commission may apply for and accept gifts and grants from public and private entities on behalf of the Texas peace officer flag account.
(c)  The commission shall deposit any gift or grant accepted by the commission under Subsection (b) to the credit of the Texas peace officer flag account.  The Texas peace officer flag account is a special account in the general revenue fund.  Money in the account may be appropriated only to the commission for the purpose of implementing this section.  Interest earned on money in the Texas peace officer flag account shall be credited to the account.
Added by Acts 2001, 77th Leg., ch. 476, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 744 (H.B. 2769), Sec. 4, eff. September 1, 2005.