Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this part, shall have the following meanings, unless the context clearly
				indicates otherwise.
(1) Academic alternative
				program--A program for college credit offered by a training provider recognized
				by the Southern Association of Colleges and Schools or its successors and the
				Texas Higher Education Coordinating Board, authorized by the commission to
				conduct preparatory law enforcement training as part of a degree plan program,
				and consisting of commission-approved curricula.
(2) Academic provider--A school, accredited
				by the Southern Association of Colleges and Schools or its successors and the
				Texas Higher Education Coordinating Board, which has been approved by the
				commission to provide basic licensing courses.
(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, the Western Association of Schools and Colleges or
				its successors, or an international college or university evaluated and
				accepted by a United States accredited college or university.
(4) Active--A license issued by the
				commission that meets the current requirements of licensure and training as
				determined by the commission.
(5)
				Administrative Law Judge (ALJ)--An administrative law judge appointed by the
				chief administrative law judge of the State Office of Administrative
				Hearings.
(6) 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.
(7) Appointed--Elected
				or commissioned by an agency as a peace officer, reserve or otherwise selected
				or assigned to a position governed by the Texas Occupations Code, Chapter 1701,
				without regard to pay or employment status.
(8) Background investigation--An
				investigation completed by the enrolling or appointing entity into an
				applicant's personal history as set forth in §217.1(b)(10).
(9) Basic licensing course--Any current
				commission developed course that is required before an individual may be
				licensed by the commission.
(10)
				Certified copy--A true and correct copy of a document or record certified by
				the custodian of records of the submitting entity.
(11) Chief administrator--The head or
				designee of a law enforcement agency.
(12) Commission--The Texas Commission on Law
				Enforcement.
(13) Commissioned--Has
				been given the legal power to act as a peace officer or reserve, whether
				elected, employed, or appointed.
(14) Commissioners--The nine commission
				members appointed by the governor.
(15) 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, §
										511.0092.
(16) Contract Jailer--A person licensed as a
				Jailer in a Contract Jail or employed by an agency outside of a County Jail
				whose employing agency provides services inside of a County Jail which would
				require the person to have a Jailer License.
(17) Contractual training provider--A law
				enforcement agency or academy, a law enforcement association, alternative
				delivery trainer, distance education, academic alternative, or proprietary
				training provider that conducts specific education and training under a
				contract with the commission.
(18)
				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; or
(C) the person is
				pardoned, unless the pardon is expressly granted for subsequent proof of
				innocence.
(19)
				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.
(20) Diploma
				mill--An entity that offers for a fee with little or no coursework, degrees,
				diplomas, or certificates that may be used to represent to the general public
				that the individual has successfully completed a program of secondary education
				or training.
(21) Distance
				education--Study, at a distance, with an educational provider that conducts
				organized, formal learning opportunities for students. The instruction is
				offered wholly or primarily by distance study, through virtually any media. It
				may include the use of: videotapes, DVD, audio recordings, telephone and email
				communications, and Web-based delivery systems.
(22) Duty ammunition--Ammunition required or
				permitted by the agency to be carried on duty.
(23) Executive director--The executive
				director of the commission or any individual authorized to act on behalf of the
				executive director.
(24)
				Experience--Includes each month, or part thereof, served as a peace officer,
				reserve, jailer, telecommunicator, or federal officer. Credit may, at the
				discretion of the executive director, be awarded for relevant experience from
				an out-of-state agency.
(25) Family
				Violence--In this chapter, has the meaning assigned by Chapter 71, Texas Family
				Code.
(26) Field training
				program--A program intended to facilitate a transition from the academic
				setting to the performance of the general duties of the appointing
				agency.
(27) Firearms--Any handgun,
				shotgun, precision rifle, patrol rifle, or fully automatic weapon that is
				carried by the individual officer in an official capacity. Conducted energy
				devices (CEDs) are not firearms.
(28) Firearms proficiency--Successful
				completion of the annual firearms proficiency requirements.
(29) Fit for duty review--A formal
				specialized examination of an individual, appointed to a position governed by
				the Texas Occupations Code, Chapter 1701, without regard to pay or employment
				status, to determine if the appointee is able to safely and/or effectively
				perform essential job functions. The basis for these examinations should be
				based on objective evidence and a reasonable basis that the cause may be
				attributable to a medical and/or psychological condition or impairment.
				Objective evidence may include direct observation, credible third party
				reports; or other reliable evidence. The review should come after other options
				have been deemed inappropriate in light of the facts of the case. The selected
				Texas licensed medical doctor or psychologist, who is familiar with the duties
				of the appointee, conducting an examination should be consulted to ensure that
				a review is indicated. This review may include psychological and/or medical
				fitness examinations.
(30) High
				School Diploma--An earned high school diploma from a United States high school,
				an accredited secondary school equivalent to that of United States high school,
				or a passing score on the general education development test indicating a high
				school graduation level. Documentation from diploma mills is not
				acceptable.
(31) Home School
				Diploma--An earned diploma from a student who predominately receives
				instruction in a general elementary or secondary education program that is
				provided by the parent, or a person in parental authority, in or through the
				child's home. (Texas Education Code §
										29.916)
(32) Honorably Retired Peace Officer--An
				unappointed person with a Texas Peace Officer license who has a cumulative
				total of 15 years of full-time service as a Peace Officer. An Honorably Retired
				Peace Officer does not carry any Peace Officer authority.
(33) Individual--A human being who has been
				born and is or was alive.
(34)
				Jailer--A person employed or appointed as a jailer under the provisions of the
				Local Government Code, §
										85.005, or
				Texas Government Code §
										511.0092.
(35) Killed in the line of duty--A death that
				is the directly attributed result of a personal injury sustained in the line of
				duty.
(36) 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.
(37) Law enforcement
				academy--A school operated by a governmental entity which may provide basic
				licensing courses and continuing education under contract with the
				commission.
(38) Law enforcement
				automobile for training--A vehicle equipped to meet the requirements of an
				authorized emergency vehicle as identified by Texas Transportation Code §
										546.003 and
				§
										547.702.
(39) Less lethal force weapon--A weapon
				designed or intended for use on individuals or groups of individuals which, in
				the course of expected or reasonably foreseen use, has a lower risk of causing
				death or serious injury than do firearms. Less lethal force weapons do not
				include firearms or other weapons whose expected or reasonably foreseen use
				would result in life-threatening injuries. Less lethal force weapons may
				include police batons, hand-held chemical irritants, chemical irritants
				dispersed at a distance, conducted electrical weapons, kinetic impact
				projectiles, water cannons, and acoustic weapons and equipment. An officer
				provided or equipped with a less lethal force weapon should be trained,
				qualified, or certified in its use.
(40) Lesson plan--A plan of action consisting
				of a sequence of logically linked topics that together make positive learning
				experiences. Elements of a lesson plan include: measurable goals and
				objectives, content, a description of instructional methods, tests and
				activities, assessments and evaluations, and technologies utilized.
(41) License--A license required by law or a
				state agency rule that must be obtained by an individual to engage in a
				particular business.
(42)
				Licensee--An individual holding a license issued by the commission.
(43) Line of duty--Any lawful and reasonable
				action, which an officer identified in Texas Government Code, Chapter 3105 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.
(44) Moral character--The
				propensity on the part of a person to serve the public of the state in a fair,
				honest, and open manner.
(45)
				Officer--A peace officer or reserve identified under the provisions of the
				Texas Occupations Code, §
										1701.001.
(46) Patrol rifle--Any magazine-fed repeating
				rifle with iron/open sights or with a frame mounted optical enhancing sighting
				device, 5 power or less, that is carried by the individual officer in an
				official capacity.
(47) Patrol
				vehicle--A vehicle equipped with emergency lights, siren, and the means to
				safely detain and transport a combative detainee.
(48) Peace officer--A person elected,
				employed, or appointed as a peace officer under the provisions of the Texas
				Occupations Code, §
										1701.001.
(49) Personal Identification Number (PID)--A
				unique computer-generated number assigned to individuals for identification in
				the commission's electronic database.
(50) Placed on probation--Has received an
				adjudicated or deferred adjudication probation for a criminal
				offense.
(51) POST--State or
				federal agency with jurisdiction similar to that of the commission, such as a
				peace officer standards and training agency.
(52) Precision rifle--Any rifle with a frame
				mounted optical sighting device greater than 5 power that is carried by the
				individual officer in an official capacity.
(53) Proprietary training contractor--An
				approved training contractor who has a proprietary interest in the intellectual
				property delivered.
(54) Public
				security officer--A person employed or appointed as an armed security officer
				identified under the provisions of the Texas Occupations Code, §
										1701.001.
(55) Reactivate--To make a license issued by
				the commission active after a license becomes inactive. A license becomes
				inactive at the end of the most recent unit or cycle in which the licensee is
				not appointed and has failed to complete legislatively required
				training.
(56) Reinstate--To make a
				license issued by the commission active after disciplinary action or failure to
				obtain required continuing education.
(57) Reserve--A person appointed as a reserve
				law enforcement officer under the provisions of the Texas Occupations Code,
				§
										1701.001.
(58) School marshal--A person employed and
				appointed by the board of trustees of a school district, the governing body of
				an open-enrollment charter school, the governing body of a private school, or
				the governing board of a public junior college under Texas Code of Criminal
				Procedure, Article 2.127 and in accordance with and having the rights provided
				by Texas Education Code, §
										37.0811.
(59) Self-assessment--Completion of the
				commission created process, which gathers information about a training or
				education program.
(60)
				Separation--An explanation of the circumstances under which the person
				resigned, retired, or was terminated, reported on the form currently prescribed
				by the commission, in accordance with Texas Occupations Code, §
										1701.452.
(61) SOAH--The State Office of Administrative
				Hearings.
(62) Successful
				completion--A minimum of:
(A) 70 percent or
				better; or
(B) C or better;
				or
(C) pass, if offered as
				pass/fail.
(63)
				Sustainable funding sources--Funding from an agency's governing body such as
				property tax, sales tax, use and franchise fees, and the issuance of traffic
				citations subject to section
				542.402 of the
				Texas Transportation Code. Term limited sources, such as grants, are not
				sustainable funding sources.
(64)
				TCLEDDS--Texas Commission on Law Enforcement Data Distribution
				System.
(65) Telecommunicator--A
				person employed as a telecommunicator under the provisions of the Texas
				Occupations Code, §
										1701.001.
(66) Training coordinator--An individual,
				appointed by a commission-recognized training provider, who meets the
				requirements of §
										215.9 of this title.
(67) Training cycle--A 48-month period as
				established by the commission. Each training cycle is composed of two
				contiguous 24-month units.
(68)
				Training hours--Classroom or distance education hours reported in one-hour
				increments.
(69) 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.
(70) Training
				provider--A governmental body, law enforcement association, alternative
				delivery trainer, or proprietary entity credentialed by or authorized under a
				training provider contract with the commission to provide preparatory or
				continuing training for licensees or potential licensees.
(71) Uniform--Dress that makes an officer
				immediately identifiable as a peace officer, to include a visible badge.
				Acceptable uniform dress must be defined in agency policy and consistent in its
				application and use across the agency.
(72) Verification (verified)--The
				confirmation of the correctness, truth, or authenticity of a document, report,
				or information by sworn affidavit, oath, or deposition.