reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.47 - Contested Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to
				Contest Adverse Proposals.
(1) If TDCJ-CJAD
				(hereinafter referred to as the division) proposes to deny, revoke, or suspend
				the certification of a CSO or to reprimand such officer shall be entitled to
				notice and a hearing before the division or a hearings examiner appointed by
				the division. Hearings before a hearings examiner shall be conducted pursuant
				to the procedures set forth in subsection (h) of this section.
(2) If the division proposes the reduction,
				refusal, or suspension of payment of state aid, not including the refusal to
				provide or a reduction of discretionary grant funding other than funds
				suspended or reduced during a funding cycle, or intends to impose budget
				control over a CSCD (hereinafter referred to as the department), the department
				shall be provided with a notice and offered a hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 195 - PAROLE › Section 195.41 - Community Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				General Administration.
(1) Purpose.
				Community residential facilities (CRF) that are operated through a contract
				with the Texas Department of Criminal Justice (TDCJ or Agency) are to provide
				housing, training, education, rehabilitation and reformation of persons
				released to parole and mandatory supervision, or whose supervision has been
				continued or modified. Contractors shall comply with this rule and all contract
				requirements. This rule does not apply to transitional treatment
				centers.
(2) Mission Statement. The
				facility director shall prepare and maintain a mission statement that describes
				the general purposes and overall goals of the facility's programs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 195 - PAROLE › Section 195.61 - Method of Payment for Parole Supervision and Administrative Fees

Current through Reg. 49, No. 28; July 12, 2024
The Parole Division shall collect all parole supervision and
				  other administrative fees from offenders released on parole and mandatory
				  supervision required to pay such fees. The method of payment required of such
				  offenders shall be in the form of a money order or certified cashier's check
				  payable to the Texas Department of Criminal Justice or electronic means
				  approved by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 195 - PAROLE › Section 195.71 - Drug and Alcohol Testing Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose: The Parole Division shall develop a policy regarding the drug and
				alcohol testing of releasees who are required by the Texas Board of Pardons and
				Paroles to submit to drug and alcohol testing as a condition of
				supervision.
(b) Criteria for
				Testing: Releasees shall be tested for the major drugs of abuse and alcohol in
				any combination deemed appropriate by the Parole Division. A periodic
				evaluation shall determine the need to change testing patterns and the drugs
				identified for testing. All testing shall be completed in accordance with the
				manufacturer's test instructions.
(c) Training: The Parole Division staff shall
				be trained to accurately collect specimens and interpret the test
				results.
(d) Safety: The Parole
				Division shall develop adequate infection control and safety precautions in the
				administration of the drug and alcohol testing program.
(e) Chain of Custody: The Parole Division
				shall document the chain of custody when submitting specimens for confirmation
				testing. In addition:
(1) The specimen
				collection shall be observed by the parole officer and analyzed in the presence
				of the releasee being supervised. The specimen shall be accurately
				labeled.
(2) Samples shall not be
				tampered with prior to analysis or confirmation testing.
(3) Samples not sent for confirmation testing
				shall be properly discarded by the offender submitting the specimen.
(4) When the transfer of a specimen is
				required, the specimen shall remain secured and refrigerated or stored in
				accordance with the manufacturer's instructions if the analysis is
				delayed.
(5) The analysis procedure
				shall use quality control measures that withstand expert scrutiny. Suppliers of
				equipment or testing supplies must be able to provide oversight personnel with
				technical data on the functions and limitations of their products.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 195 - PAROLE › Section 195.81 - Temporary Housing Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. The temporary housing assistance program is intended primarily to
				provide housing assistance for offenders who have been approved for parole, but
				have no home plan, and to assist offenders in the transition from community
				residential facilities and transitional treatment centers. The Texas Department
				of Criminal Justice (TDCJ) is authorized to pay for temporary housing for any
				offender who has insufficient financial and residential resources when released
				on parole or mandatory supervision on or after January 1, 2010.
(b) Criteria for Temporary Housing
				Assistance.
(1) Temporary housing assistance
				may only be provided if the TDCJ does not operate or contract for the operation
				of a residential correctional facility in the offender's legal county of
				residence. A residential correctional facility does not include a transitional
				treatment center, a substance abuse felony punishment facility, or any other
				facility operated by or under contract with the TDCJ for the primary purpose to
				provide substance abuse treatment or aftercare.
(2) The temporary housing must have existed
				on June 1, 2009, as either a multifamily residence or a motel unless the TDCJ
				or the owner of the structure provides notice and has a public meeting as
				required for a community corrections facility on the issue of whether the use
				is appropriate.
(3) An offender's
				family, personal sponsors, or anyone on community supervision, parole, or
				mandatory supervision, or persons required to register as a sex offender are
				not eligible to provide housing for temporary housing assistance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.3 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.7 - Meeting Dates and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				least once every two years, a regular or special meeting will receive public
				comment on training and standards for officers, jailers, and
				telecommunicators.
(b) Each meeting
				will be conducted by the presiding officer or, in the absence of the presiding
				officer, by the assistant presiding officer, the secretary, the most senior
				commissioner, or another commissioner selected by vote, in that
				order.
(c) The effective date of
				this section is February 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.9 - Execution of Orders Showing Action Taken at Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer shall have the
				authority to sign written orders showing actions taken by the Commissioners at
				public meetings if he or she did not vote against the action. In the event that
				the presiding officer votes against the action taken, then a commissioner who
				has voted with the majority shall sign the order on behalf of the
				commission.
(b) The effective date
				of this section is March 1, 2001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.11 - Contemplated Rule Making

Current through Reg. 49, No. 28; July 12, 2024
(a) Concerning
				contemplated rule making, the commission may:
(1) use informal conferences and
				consultations to obtain the advice of interested persons; and/or
(2) appoint any advisory committee of
				experts, interested persons or the public.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.13 - Notice of Commission Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a)
				When required by Texas Government Code Chapter 2001, the commission will notify
				each law enforcement agency of adopted rules.
(b) The effective date of this section is
				February 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.15 - Specific Authority to Waive Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commissioners have determined that good cause exists to delegate to the
				executive director the authority to waive the rules of the commission:
(1) to update existing courses or to add new
				courses and curriculum;
(2) to add
				new exams or to update existing state licensing or certification
				exams;
(3) to conduct other special
				projects as approved by the commissioners; or
(4) for other reasons as may be authorized by
				law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.17 - Fees and Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				may charge application fees for licenses, certificates, endorsements, duplicate
				documents, and any other reasonable fees as authorized or required by law, as
				formally approved and adopted.
(b)
				Any fee or payment made to the commission by a person, agency, or other entity
				shall be remitted by money order, cashier's check, agency check, or electronic
				payment. Fees must be submitted with any required application, and are
				non-refundable.
(c) The commission
				shall adopt and publish a schedule of fees, annually, as authorized by this
				section, at a regularly scheduled June meeting, to become effective September
				1.
(d) The effective date of this
				section is March 1, 2001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.19 - Forms and Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications,
				forms, data, and documents required by the commission shall be submitted
				electronically if an electronic method has been established for the form, data,
				or document.
(b) For applications
				or other forms required by the commission, the applicant or the individual on
				whose behalf the form is being submitted is responsible for reviewing the
				entire document and any attachments to attest to the accuracy and truthfulness
				of all information on and attached to the document.
(c) A person who fails to comply with the
				standards set forth in these rules shall not accept the issuance of a license
				and shall not accept any appointment.
(d) If an application is found to be false or
				untrue, any license or certificate issued to the applicant by the commission
				will be subject to cancellation and recall.
(e) Agencies must keep on file and in a
				format readily accessible to the commission a copy of the documentation
				required by the commission. If the form or application is submitted via
				TCLEDDS, the agency must keep on file, and in a format readily accessible to
				the commission, a signed and dated printout of the electronically submitted
				form or application.
(f) An agency
				must retain required records for a minimum of five years after the licensee's
				termination date with that agency.
(g) The effective date of this section is
				July 15, 2010.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.21 - Issuance of Duplicate or Delayed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) If an original license, certificate, or
				other document was previously issued by the commission, a duplicate of that
				document may, if the document is current and valid, be issued after:
(1) an application is submitted;
(2) a check of commission records verifies
				original issuance and continuing validity; and
(3) payment of any required non-refundable
				application fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.23 - Date of Licensing or Certification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The commission shall designate a person's date of initial appointment as their
				licensing date when it has received and verified proof that all licensing
				standards have been met. Documentation proving eligibility for licensing on the
				date of initial appointment shall be kept in the appointing agency's
				file.
(b) 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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.25 - Date of Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) If a proper
				report of appointment is received by the commission for the appointment as a
				peace officer, county jailer, or telecommunicator, the commission shall accept
				the date of appointment that is reported to the commission by the appointing
				agency.
(b) The effective date of
				this section is February 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.26 - Law Enforcement Agency Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				law enforcement agencies shall be audited at least once every five years.
				Agencies with deficiencies will be evaluated more frequently, as determined by
				the commission.
(b) The commission
				may use the following information in auditing an agency:
(1) commission records to include but not
				limited to:
(A) applications;
(B) appointment records;
(C) separation records; and
(D) training records;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.27 - Reporting Responsibilities of Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) Within thirty days, a licensee or person
				meeting the requirements of a licensee shall report to the commission:
(1) any name change;
(2) a permanent mailing address other than an
				agency address;
(3) all subsequent
				address changes;
(4) an arrest,
				charge, or indictment for a criminal offense above the grade of Class C
				misdemeanor, or for any Class C misdemeanor involving the duties and
				responsibilities of office or family violence, including the name of the
				arresting agency, the style, court, and cause number of the charge or
				indictment, if any;
(5) the final
				disposition of the criminal action; and
(6) receipt of a dishonorable discharge from
				the armed forces of the United States.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.28 - Responsibility of a Law Enforcement Agency to Report an Arrest

Current through Reg. 49, No. 28; July 12, 2024
(a) When an agency receives information that
				it has arrested or charged an individual that is required to report under
				§
									211.27
				of this title for any offense above a Class C misdemeanor, or for any Class C
				misdemeanor involving the duties and responsibilities of office or family
				violence, the chief administrator or their designee must report such arrest to
				the commission in the format currently prescribed by the commission within 30
				business days of notice of the arrest, including the:
(1) name, date of birth and PID of licensee
				(if available);
(2) name, address,
				and telephone number of the arresting agency;
(3) date and nature of the arrest;
(4) arresting agency incident, booking, or
				arrest number; and
(5) name,
				address, and telephone number of the court in which such charges are filed or
				such arrest is filed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.30 - Chief Administrator Responsibilities for Class A and B Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) A chief administrator may request the
				executive director that an individual be considered for a waiver of either the
				enrollment or initial licensure requirements regarding an otherwise
				disqualifying Class A or B misdemeanor conviction or deferred adjudication. An
				individual is eligible for one waiver request. This request must be submitted
				at least 45 days prior to a regularly scheduled commission meeting.
(b) A chief administrator is eligible to
				apply for a waiver five years after the date of conviction or placement on
				community supervision.
(c) The
				request must include:
(1) a complete
				description of the following mitigating factors:
(A) the applicant's history of compliance
				with the terms of community supervision;
(B) the applicant's continuing rehabilitative
				efforts not required by the terms of community supervision;
(C) the applicant's employment
				record;
(D) whether the disposition
				offense contains an element of actual or threatened bodily injury or coercion
				against another person under the Texas Penal Code or the law of the
				jurisdiction where the offense occurred;
(E) the required mental state of the
				disposition offense;
(F) whether
				the conduct resulting in the arrest resulted in the loss of or damage to
				property or bodily injury;
(G) the
				type and amount of restitution made by the applicant;
(H) the applicant's prior community
				service;
(I) the applicant's
				present value to the community;
(J)
				the applicant's post-arrest accomplishments;
(K) the applicant's age at the time of
				arrest; and
(L) the applicant's
				prior military history;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.31 - Memorandum of Understanding on Continuity of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts, by reference, a
				memorandum of understanding that establishes its responsibilities to institute
				a continuity of care program for offenders who are mentally impaired, elderly,
				physically disabled, terminally ill or significantly ill, as also adopted by
				the Texas Correctional Office on Offenders with Mental and Medical Impairments
				and the Texas Commission on Jail Standards. Copies of the memorandum of
				understanding may be obtained from the commission.
(b) The effective date of this section is
				June 1, 2006.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.33 - Law Enforcement Achievement Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall issue achievement
				awards to qualified peace officers, reserve law enforcement officers or
				jailers, or telecommunicators licensed by the commission and; hereinafter, will
				be referred to as the nominees. A nominee for the achievement award must meet
				the following criteria:
(1) must have
				maintained, on a continuous basis, an average job performance during the
				individual's employment or appointment;
(2) must have exhibited relevant
				characteristics of the following:
(A)
				valor--an act of personal heroism or bravery which exceeds the normal
				expectations of job performance, such as placing one's own life in jeopardy to
				save another person's life, prevent serious bodily injury to another, or
				prevent the consequences of a criminal act;
(B) public service--when an individual,
				through initiative, creates or participates in a program or system which has a
				significant positive impact on the general population of a community which
				would exceed the normal expectations of job performance; or
(C) professional achievement--when an
				individual, through personal initiative, fixity of purpose, persistence, or
				endeavor, creates a program or system which has a significant positive impact
				on the law enforcement profession which would exceed the normal expectations of
				job performance;
(3)
				must have held a license at the time the qualifying act was
				performed;
(4) shall not ever have
				had a license suspended, revoked, cancelled, or voluntarily surrendered;
				and
(5) must not be in violation of
				Occupations Code, Chapter 1701 or rules of the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 211 - ADMINISTRATION › Section 211.35 - Tuition Reimbursement for Commission Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) Before a Commission employee may receive
				reimbursement for tuition, the reimbursement must be approved by the Executive
				Director.
(b) The effective date of
				this section is February 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.1 - Commission Authorization of Training Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may enter into a contract
				with:
(1) a law enforcement academy training
				provider;
(2) a law enforcement
				association, distance education, or proprietary training provider; or
(3) an academic alternative training
				provider.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.2 - General Application and Approval Process

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to all other respective
				entity specific application requirements of this chapter, training provider
				applicants must comply with the provisions of this section.
(b) All training provider applicants must
				pass an inspection of facilities and instructional materials. The inspection
				shall be conducted by commission staff or by a team of training provider
				coordinators as appointed by the executive director.
(c) A training provider applicant must have
				and maintain:
(1) qualified instructors and
				staff to conduct successful training;
(2) instructional resources to conduct
				successful training, to include, but not limited to, convenient access to a law
				enforcement reference library or sufficient number of computers for student and
				staff use;
(3) access to current
				and appropriate teaching tools and electronic equipment, including video
				players, projection equipment, computer hardware, software, and the
				Internet;
(4) 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, secure storage and first aid equipment while on the
				premises; and
(5) a proprietary
				interest in or a written contract providing for at least one facility to
				conduct police driving training, to include at least one law enforcement
				automobile for training.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.3 - Law Enforcement Academy Training Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to any other application
				requirements under this chapter, a law enforcement academy training provider
				applicant shall comply with all provisions of this section.
(b) An entity applying for a law enforcement
				academy training provider contract must be based on at least one of the
				following sponsoring organizations:
(1) a law
				enforcement agency with a minimum of 75 full-time paid peace officers, county
				jailers, or telecommunicators under current appointment;
(2) an institution recognized by the Texas
				Higher Education Coordinating Board; or
(3) a regional planning commission or
				councils of governments' (COG) board. The commission will enter into only one
				academy contract within each regional planning commission or councils of
				governments' area at any one time.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.5 - Other Training Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				addition to any other application requirements under this chapter, a law
				enforcement association, distance education, or proprietary training provider
				applicant shall comply with all provisions of this section.
(b) A law enforcement association, distance
				education, or proprietary training provider applicant shall submit a schedule
				of tuition and fees that will be charged, if any.
(c) A training needs assessment must be
				completed and submitted for commission approval and shall include:
(1) what specific training needs are to be
				addressed by the proposed contract; and
(2) the number and types of courses that will
				be offered during the first quarter of the executed contract.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.6 - Academic Alternative Training Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to any other application
				requirements under this chapter, an academic alternative applicant shall comply
				with all provisions of this section.
(b) A Texas college or university that is
				accredited by the Southern Association of Colleges and Schools (SACS) and which
				has a criminal justice or law enforcement program approved by the Texas Higher
				Education Coordinating Board (THECB) may make application to conduct training
				for licensees under a training provider contract.
(c) An academic alternative applicant shall
				submit:
(1) documentation of approval from
				THECB for a criminal justice or law enforcement program;
(2) a proposed course schedule to show that
				training will be conducted;
(3)
				documentation of any contractual provision the applicant may have with a
				contract academy to provide the sequence courses; and
(4) provisions for the Registrar to approve
				all students qualified for the state basic licensing exam in a timely
				manner.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.7 - Training Provider Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				training providers approved by the commission must establish and maintain an
				advisory board, as required by §
									1701.252
				of the Texas Occupations Code. The board must have at least three members who
				are appointed by the sponsoring organization. Board membership must not fall
				below a quorum for more than 30 days. A quorum of the advisory board is defined
				as a minimum of 51% of the voting membership.
(b) The board may have members who are law
				enforcement personnel; however, one-third of the members must be public
				members, as defined in §
									1701.052
				of the Texas Occupations Code, having the same qualification 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 serve as ex-officio, non-voting members. Board
				members are required to successfully complete the commission developed advisory
				board training course within one year of appointment to an advisory
				board.
(c) The chief administrator,
				or head or the sponsoring organization, may appoint a board chair, or the board
				may elect a board member to serve as the board chair. The board 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 the board chair, 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;
(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 contract from names submitted by chief administrators from
				that area;
(4) for a contractual
				training provider, by the chief administrator; or
(5) for an academic alternative provider, by
				the dean or other person who appoints the training coordinator.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.9 - Training Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) A training
				coordinator must hold a valid instructor license or certificate and must be a
				full-time paid employee of that Training Provider.
(b) The training coordinator must:
(1) ensure compliance with commission rules
				and guidelines:
(2) prepare,
				maintain, and submit the following reports within the time frame specified:
(A) reports of training:
(i) basic licensing course shall be submitted
				prior to students attempting a licensing exam; and
(ii) within 30 days of completion of
				continuing education course;
(B) self-assessment reports as required by
				the commission;
(C) a copy of
				advisory board minutes during an on-site evaluation;
(D) training calendars-schedules must be
				available for review and posted on the internet, or another public venue, no
				later than 30 days prior to the beginning of each calendar quarter or academic
				semester. A continually updated and posted (live) calendar will meet this
				requirement;
(E) any other reports
				or records as requested by the commission;
(3) 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 training files. At a minimum, training files
				shall contain:
(i) complete lesson
				plan;
(ii) clear learning
				objectives;
(iii) instructor
				biography indicating subject matter expertise and teaching
				experience;
(iv) approved class
				roster and original sign-in sheet; and
(v) course evaluation;
(C) enforcing all admission, attendance,
				retention, and other standards set by the commission and approved by the
				advisory board;
(D) securing and
				maintaining all facilities necessary to meet the inspection standards of this
				section;
(E) controlling the
				discipline and demeanor of each student and instructor during class;
(F) distributing a current version of the
				Texas Occupations Code, Chapter 1701 and commission rules to all students at
				the time of admission to any course that may result in the issuance of a
				license;
(G) distributing learning
				objectives to all students at the beginning of each course;
(H) ensuring that all learning objectives are
				taught and evaluated;
(I)
				proctoring or supervising all examinations to ensure fair, honest results;
				and
(J) maintaining training files,
				records of tests, and other evaluation instruments for a period of five
				years.
(4) receive all
				commission notices on behalf of the training provider and forward each notice
				to the appointing authority; and
(5) attend or have a designee attend each
				academy coordinator's workshop conducted by the commission. No person may serve
				as a representative for more than one provider per conference. Each
				representative must be affiliated with the training provider.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.10 - Course Instructor Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				instructor teaching a course must:
(1) hold a
				valid instructor license;
(2)
				certificate; or
(3) be designated,
				in writing, as a subject matter expert in the course by the training
				coordinator.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.11 - Training Provider Evaluations

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				training providers shall be evaluated periodically and randomly. Providers with
				deficiencies will be evaluated more frequently, as determined by the
				commission.
(b) The commission may
				use the following information in assessing the performance of training
				providers:
(1) licensing examination
				results;
(2) reports from past
				evaluation records;
(3)
				self-assessment reports;
(4)
				on-site evaluations;
(5) reports
				and evaluations from students, law enforcement agencies, and
				citizens;
(6) commission
				records;
(7) course
				records;
(8) observations by
				commission staff;
(9) information
				used as risk assessment factors; and
(10) any other relevant information about
				performance and practices.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.13 - Risk Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) A training
				provider may be found at risk and placed on at-risk probationary status if:
(1) for those providing licensing courses,
				the passing rate on a licensing exam for all attempts for any three consecutive
				state fiscal years is less than 80 percent of the students attempting the
				licensing exam;
(2) courses taught
				by academic alternative providers are not conducted in compliance with Higher
				Education Program Guidelines accepted by the commission;
(3) commission required learning objectives
				are not taught;
(4) lesson plans
				for classes conducted are not on file;
(5) examination and other evaluative scoring
				documentation is not on file;
(6)
				the training provider submits false reports to the commission;
(7) the training provider makes repeated
				errors in reporting;
(8) the
				training provider does not respond to commission requests for
				information;
(9) the training
				provider does not comply with commission rules or other applicable
				law;
(10) the training provider
				does not achieve the goals identified in its application for a
				contract;
(11) the training
				provider does not meet the needs of the officers and law enforcement agencies
				served; or
(12) 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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.17 - General Contract Procedures and Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Once an application is approved, the
				commission and a training provider may enter into a training provider contract
				for a term no longer than five years.
(b) To renew a contract, the training
				provider must apply to the commission using the current renewal application and
				at least six months prior to expiration of a contract.
(c) The commission may renew a training
				provider contract for any term deemed appropriate and dependent upon an
				evaluation which includes an assessment of the provider's compliance with:
				commission standards; terms of the contract; and program performance.
(d) A contract may approve courses and the
				number of times they will be offered.
(e) The commission will award training credit
				for any course conducted by a training provider unless:
(1) training was not conducted as required by
				contract or commission rules;
(2)
				courses were not conducted in compliance with other applicable governing
				standards, including Texas Higher Education Coordinating Board (THECB)
				guidelines;
(3) training is not
				related to a commission license;
(4) an advisory board, academy, training
				coordinator, course coordinator, or instructor failed to discharge any
				responsibility required by contract or commission rule;
(5) credit was claimed by deceitful or
				untruthful means;
(6) distance
				education courses of a proprietary nature, equivalency, or the distance
				education portion of a basic licensing course were not submitted and approved
				under commission distance education guidelines; or
(7) the training provider has not complied
				with terms of a contract.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.19 - Contract Cancellation, Suspension, and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may cancel a contract
				issued in error or based on false or incorrect information.
(b) The commission may suspend operation of a
				contract for a training provider's noncompliance with the terms of the contract
				or any commission rule or law. Operation of the contract may be suspended for a
				period of time, including a period pending outcome of an investigation or until
				remedial compliance with applicable standards has been met.
(c) The commission may terminate a training
				provider contract if the:
(1) training
				coordinator intentionally or knowingly submits, or causes the submission of, a
				falsified document or a false written statement or representation to the
				commission;
(2) provider has not
				met the needs of the communities or agencies it serves;
(3) provider fails to comply with any term of
				a contract or violation of a commission rule or law, including when a provider
				has been classified as at risk under this chapter for a twelve-month period
				without complying with commission rules;
(4) provider has failed to conduct training
				within a calendar year without a waiver from the commission; or
(5) provider has lost accreditation,
				including Southern Association of Colleges and Schools or Texas Higher
				Education Coordinating Board approval.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 215 - TRAINING AND EDUCATIONAL PROVIDERS › Section 215.21 - Credit for High School Public Services Endorsement

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the units of the basic
				peace officer course, a law enforcement academy shall report 40 additional
				training hours for an applicant who provides a high school transcript
				indicating that the applicant has earned a public services endorsement under
				Texas Education Code §
									28.025(c-1).
(b) The transcript must reflect that the
				applicant has completed courses that directly relate to law enforcement, such
				as those in the Law, Public Safety, Corrections, and Security Career Cluster
				under 19 TAC Chapter 130, Subchapter L.
(c) The effective date of this section is
				February 1, 2018.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.1 - Minimum Standards for Enrollment of Initial Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for an individual to enroll in
				any basic licensing course the provider must have on file documentation,
				acceptable to the Commission, that the individual meets eligibility for
				licensure.
(b) The commission shall
				issue a license to an applicant who meets the following standards:
(1) minimum age requirement:
(A) for peace officers and public security
				officers, is 21 years of age; or 18 years of age if the applicant has received:
(i) an associate's degree; or 60 semester
				hours of credit from an accredited college or university; or
(ii) has received an honorable discharge from
				the armed forces of the United States after at least two years of active
				service;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.3 - Application for License and Initial Report of Appointment

Current through Reg. 49, No. 28; July 12, 2024
(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) An application for a license or initial
				report of appointment must be submitted in an application format currently
				accepted by the commission.
(c) 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.
(d) An agency must retain
				records required under subsection (c) 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.
(e) An agency failing to appoint an
				individual within 30 days after submitting an application must report a
				termination of employment in the current commission format.
(f) The effective date of this section is
				January 17, 2013.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.5 - Denial and Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(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;
(8) application contains
				a false assertion by any person; or
(9) applicant is subject to pending
				administrative action against a commission-issued license.