reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.7 - Reporting Appointment and Separation of a Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) Before a law enforcement agency may
				appoint a person licensed or seeking a license as a peace officer, county
				jailer, or telecommunicator the agency head or designee must:
(1) obtain the person's written consent for
				the agency to view the person's employment records;
(2) obtain a copy of the Personal Status
				Report (PSR) maintained by the commission;
(3) obtain a completed, signed, and notarized
				Personal History Statement (PHS);
(4) obtain a Computerized Criminal History
				(CCH) from TCIC and NCIC;
(5)
				obtain proof of eligibility after separation from the military, if
				applicable;
(6) conduct and
				document a background investigation;
(7) for peace officers, obtain proof of
				weapons qualification within the 12 months preceding appointment;
(8) for current licensees, electronically
				request and obtain the F-5 Return (F5R) from the commission, contact each of
				the person's previous law enforcement employers, and document the contact on
				the F5 return; and
(9) in addition
				to the requirements listed in this section:
(A) For a licensee with more than 180 days
				since their last appointment:
(i) obtain a new
				declaration of psychological and emotional health (L3 Form);
(ii) obtain a new declaration of the lack of
				any drug dependency or illegal drug use (L2 Form); and
(iii) obtain new proof that the licensee has
				been fingerprinted and subjected to a search of local, state and U.S. national
				records and fingerprint files to disclose any criminal record.
(B) For a person's initial
				appointment:
(i) obtain proof of meeting
				educational requirements;
(ii)
				obtain proof of meeting U.S. citizenship requirements;
(iii) obtain new proof that the person has
				been fingerprinted and subjected to a search of local, state and U.S. national
				records and fingerprint files to disclose any criminal record;
(iv) obtain a new declaration of
				psychological and emotional health (L3 Form), if more than 180 days from the
				graduation of the basic licensing course;
(v) obtain a new declaration of medical
				eligibility and lack of any drug dependency or illegal drug use (L2 Form), if
				more than 180 days from the graduation of the basic licensing course;
				and
(vi) submit an appointment
				application (L1 Form) and receive an approval of the application before the
				person discharges any duties related to the license sought.
(10) For current
				licensees, submit a Statement of Appointment (L1 Form) within 7 days of the
				appointment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 217 - ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION › Section 217.9 - Refusal by Licensee to Submit to Medical or Psychological Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) After receiving a report of a refusal by
				a licensee to submit to a requested medical or psychological examination, the
				commission shall issue a show cause order requiring the licensee to show cause
				for the refusal at a contested case hearing before SOAH.
(b) The contested case hearing shall be
				scheduled not later than the 30th day after the date notice of the show cause
				order is served on the licensee, which shall be provided by personal service or
				by registered mail, return receipt requested.
(c) The licensee may appear at the contested
				case hearing in person and by counsel and present evidence to justify the
				licensee's refusal to submit to the requested examination. Pursuant to Texas
				Occupations Code §
									1701.167(i),
				records relating to a request or order of the commission or a hearing or
				examination conducted under Texas Occupations Code §
									1701.167, including,
				if applicable, the identity of the person notifying the commission that a
				licensee may not meet the standards required under the adopted agency policy,
				are confidential.
(d) If it is
				determined that the licensee did not have good cause to refuse the medical or
				psychological examination, the commission shall issue an order suspending
				indefinitely or otherwise restricting the licensee's license until the licensee
				submits to the requested examination. If it is determined that the licensee did
				have good cause to refuse the medical or psychological examination, the
				commission shall issue an order withdrawing the request for the
				examination.
(e) The commission's
				order is subject to judicial review under Chapter 2001, Government
				Code.
(f) The effective date of
				this section is September 1, 2024.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.1 - Continuing Education Credit for Licensees

Current through Reg. 49, No. 28; July 12, 2024
(a) A continuing education course is any
				training course that is recognized by the commission, specifically:
(1) legislatively required continuing
				education curricula and learning objectives developed by the
				commission;
(2) training in excess
				of basic licensing course requirements;
(3) training courses consistent with assigned
				duties; or
(4) training not
				included in a basic licensing course.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.3 - Legislatively Required Continuing Education for Licensees

Current through Reg. 49, No. 28; July 12, 2024
(a) Each licensee shall complete the
				legislatively mandated continuing education in this chapter. Each appointing
				agency shall allow the licensee the opportunity to complete the legislatively
				mandated continuing education in this chapter. This section does not limit the
				number or hours of continuing education an agency may provide.
(b) Each training unit (2 years)
(1) Peace officers shall complete at least 40
				hours of continuing education, to include the corresponding legislative update
				for that unit. Peace officers shall complete not less than 16 hours of training
				on responding to an active shooter as developed by the Advanced Law Enforcement
				Rapid Response Training Center at Texas State University-San Marcos.
(2) Telecommunicators shall complete at least
				20 hours of continuing education to include cardiopulmonary resuscitation
				training.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.5 - Reporting Legislatively Required Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Each agency, academy, or training
				provider shall maintain proof of a licensee's completion of legislatively
				required continuing education training in a format currently accepted by the
				commission. The report of training shall be submitted to the commission within
				30 days following completion of the training. Failure to report training to the
				commission within 30 days is a violation of commission rules. Upon receipt of a
				properly completed report of training, the commission will make the appropriate
				entry into the training records of the licensee.
(b) The chief administrator of an agency that
				has licensees who are in non-compliance shall, within 30 days of receipt of
				notice of non-compliance, submit a report to the commission explaining the
				reasons for such non-compliance.
(c) The effective date of this section is
				February 1, 2014.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.7 - Waiver of Legislatively Required Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may waive the
				legislatively required continuing education for a licensee, as required by the
				Texas Occupations Code, Chapter 1701, if the licensee demonstrates the
				existence of mitigating circumstances justifying the licensee's failure to
				obtain the legislatively required continuing education.
(b) Mitigating circumstances are defined as:
(1) catastrophic illness or injury that
				prevents the licensee from performing active duty for longer than 12 months;
				or
(2) active duty with the armed
				forces of the United States, or a reserve component of the armed forces of the
				United States for a time period in excess of 12 months.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.9 - Continuing Firearms Proficiency Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each agency or entity that employs at
				least one peace officer or at least one firearms certified jailer shall:
(1) require each peace officer or firearm
				certified jailer that it employs to successfully complete the current firearms
				proficiency requirements at least once each calendar year for each type of
				firearm carried;
(2) designate a
				firearms proficiency officer to be responsible for the documentation of annual
				firearms proficiency. The documentation for each officer shall include:
(A) date of qualification;
(B) identification of peace officer or
				jailer;
(C) firearm manufacturer,
				model;
(D) results of qualifying;
				and
(E) course(s) of
				fire;
(3) keep on file
				and in a format readily accessible to the commission a copy of all records of
				this proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 218 - CONTINUING EDUCATION › Section 218.11 - Child Safety Check Alert List Training

Current through Reg. 49, No. 28; July 12, 2024
(a) An education and training program on the
				Texas Crime Information Center's child safety check alert list will include
				instruction relating to:
(1) the procedures
				for placing a child or other person on the child safety check alert
				list;
(2) the manner in which an
				officer should interact with a child or other person on the child safety check
				alert list whom the officer locates; and
(3) the procedures for removing a child or
				other person from the child safety check alert list.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.1 - Eligibility to Take State Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An individual may not take a licensing exam for a license they actively
				hold.
(b) To be eligible to take a
				state licensing exam, an individual must:
(1)
				have successfully completed a commission-approved basic licensing course or
				academic alternative program;
(2)
				meet the requirements for reactivation if the individual is currently
				licensed;
(3) meet the requirements
				for reinstatement if the individual is currently licensed;
(4) meet the requirements if an individual is
				an out of state peace officer, federal criminal investigator, or military;
				or
(5) be eligible to take the
				county corrections licensing exam as provided in Texas Occupations Code,
				Chapter 1701, §1701.310.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.2 - Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to take a state licensing examination, an out of state, federal criminal
				investigator, or military police must comply with all provisions of §
									219.1
				of this chapter and this section.
(b) A prospective out-of-state peace officer,
				federal criminal investigator, or military police applicant for peace officer
				licensing in Texas must:
(1) meet all
				statutory licensing requirements of the state of Texas and the rules of the
				commission;
(2) successfully
				complete a supplementary peace officer training course, the curriculum of which
				is developed by the commission, any other courses, as required by the
				commission; and
(3) successfully
				pass the Texas Peace Officer Licensing Examination as provided in §
										219.1
				of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.3 - Examination Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				examination may be given by a test administrator or by one or more proctors
				under the direction of the test administrator. Each administrator or proctor
				shall be either:
(1) a member of the
				commission staff; or
(2) another
				person designated by the executive director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.5 - Examinee Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				attempt an examination, an examinee must:
(1)
				present PID;
(2) present a valid
				photo ID;
(3) report on time;
(4) not disrupt the examination;
(5) comply with all the written
				and verbal instructions of the proctor; and
(6) shall not:
(A) bring any written material into the
				examination room;
(B) bring any
				electronic devices into the examination room;
(C) share, copy, or in any way reproduce any
				part of the examination;
(D)
				engage in any deceptive or fraudulent act to gain admission; or
(E) solicit, encourage, direct, assist or aid
				another person to violate any provision of this section or to compromise the
				integrity of the examination.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.7 - Scoring of Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) All official
				grading and notification shall come from the Austin office of the commission. A
				notice containing the results will be mailed to the examinee or faxed to the
				training coordinator or chief administrator.
(b) The examination results forwarded to
				training coordinators shall include analyses of the examinees'
				performances.
(c) For a score to be
				or remain valid the examinee must:
(1)
				complete the answer sheet, or otherwise record the answers, as instructed;
				and
(2) continue to meet current
				enrollment standards.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.11 - Reactivation of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				will place all licenses in an inactive status at the end of the most recent
				training unit or cycle in which the licensee:
(1) was not appointed at the end of the unit
				or cycle; and
(2) did not meet
				continuing education requirements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 219 - PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS › Section 219.25 - License Requirements for Persons with Military Special Forces Training

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section, "special forces" means a
				special forces component of the United States armed forces, including:
(1) the United States Army Special
				Forces;
(2) the United States Navy
				SEALs;
(3) the United States Air
				Force Pararescue;
(4) the United
				States Marine Corps Force Reconnaissance; and
(5) any other component of the United States
				Special Operations Command approved by the commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.1 - Proficiency Certificate Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission shall issue proficiency certificates in accordance with the Texas
				Occupations Code §1701.402. Commission certificates issued pursuant to
				§1701.402 are neither required nor a prerequisite for establishing
				proficiency or training. The commission shall give credit toward proficiency
				certification for successful completion of hours or degrees at accredited
				colleges and universities or for military service.
(b) To qualify for proficiency certificates,
				applicants must meet all the following proficiency requirements:
(1) submit any required application currently
				prescribed by the commission, requested documentation, and any required
				fee;
(2) have an active license or
				appointment for the corresponding certificate (not a requirement for Mental
				Health Officer Proficiency, Retired Peace Officer and Federal Law Enforcement
				Officer Firearms Proficiency, Firearms Instructor Proficiency, Firearms
				Proficiency for Community Supervision Officers, Firearms Proficiency for
				Juvenile Probation Officers or Instructor Proficiency);
(3) must not have license(s) under suspension
				by the commission within the previous 5 years;
(4) meet the continuing education
				requirements for the previous training cycle;
(5) for firearms related certificates, not be
				prohibited by state or federal law or rule from attending training related to
				firearms or from possessing a firearm; and
(6) academic degree(s) must be issued by an
				accredited college or university.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.3 - Proficiency Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
				a basic, intermediate, advanced, or master proficiency certificate, an
				applicant must meet all current proficiency requirements set by the
				commission.
(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 221 - PROFICIENCY CERTIFICATES › Section 221.7 - Investigative Hypnosis Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify for an investigative hypnosis proficiency certificate, an applicant
				must meet all proficiency requirements including:
(1) successful completion of the current
				basic investigative hypnosis course; and
(2) pass the approved examination for
				investigative hypnosis proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.11 - Mental Health Officer Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify for a mental health officer proficiency certificate, an applicant must
				meet the following requirements:
(1)
				currently appointed as a peace officer, county jailer, or justice of the
				peace;
(2) at least two years
				experience as a peace officer, county jailer, or justice of the
				peace;
(3) if not currently a
				commissioned peace officer or county jailer, an applicant must meet the current
				enrollment standards;
(4) if an
				applicant is a commissioned peace officer or county jailer, an applicant must
				not ever have had a license or certificate issued by the commission suspended
				or revoked;
(5) if an applicant is
				a commissioned peace officer or county jailer, an applicant must have met the
				continuing education requirements for the previous training cycle;
(6) successful completion of a training
				course in emergency first aid and lifesaving techniques (Red Cross or
				equivalent); and
(7) successful
				completion of the current mental health officer training course and pass the
				approved examination for mental health officer proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.19 - Firearms Instructor Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify for a firearms instructor proficiency certificate, an applicant must
				meet all proficiency requirements including:
(1) at least three years' experience as a
				licensee or a firearms instructor;
(2) holds a current instructor license or
				certificate issued by the commission; and
(3) successful completion of the commission's
				firearms instructor course, or a firearms instructor course that meets or
				exceeds the minimum standards established and approved by the
				commission.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.21 - Firearms Proficiency for Community Supervision Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a firearms proficiency
				certificate for community supervision and parole officers, an applicant must
				meet the following requirements including:
(1) currently employed as a community
				supervision officer by a Community Supervision and Corrections Department
				(CSCD), or parole officer employed by the Texas Department of Criminal Justice
				(TDCJ); and
(2) successful
				completion of the commission's current firearms training program for community
				supervision officers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.23 - Academic Recognition Award

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify, an applicant for an academic recognition award must meet all
				proficiency requirements including:
(1) at
				least two years experience as either a peace officer, reserve, jailer, or a
				telecommunicator; and
(2)
				graduation from an accredited college or university with at least an
				associate's degree.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.25 - Civil Process Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify, an
				applicant for a civil process proficiency certificate must meet all proficiency
				requirements including:
(1) at least three
				years full-time experience in a constable or sheriff's office working with
				civil process;
(2) successful
				completion of 40 hours of civil process training, with at least 20 hours
				completed in the current training cycle; and
(3) pass the approved examination for civil
				process proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.27 - Instructor Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify, an
				applicant for an instructor proficiency certificate must meet all proficiency
				requirements, and must have:
(1) substantial
				experience in teaching or in the special field or subject area to be taught, to
				include:
(A) two years' experience as a peace
				officer, telecommunicator, or jailer;
(B) a bachelor's degree and two years of
				teaching experience; or
(C) a
				graduate degree;
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.28 - Advanced Instructor Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify for an advanced instructor proficiency certificate, an applicant must
				meet all proficiency requirements including:
(1) holding a TCOLE Instructor
				license/certificate for at least three years; and
(2) successful completion of the commission's
				advanced instructor course.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.29 - Sexual Assault/Family Violence Investigator Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a sexual assault/family
				violence investigator certificate, an applicant must meet all proficiency
				requirements, including:
(1) at least two
				years experience as a peace officer;
(2) an intermediate peace officer
				certificate; and
(3) successful
				completion of the current family violence and sexual assault investigator
				certification course(s) reported by the approved training provider.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.33 - SFST Instructor Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
				an SFST instructor proficiency certificate, an applicant must meet all
				proficiency requirements including:
(1)
				successful completion of the NHTSA SFST Practitioner course;
(2) at least three years' experience as an
				SFST practitioner;
(3) current
				instructor license or certificate issued by the commission;
(4) successful completion of the commission
				approved SFST Instructor Course or Drug Recognition Expert (DRE) Instructor
				Course;
(5) completion of an SFST
				Instructor Update Course or DRE Update Course within the last two (2)
				years;
(6) demonstrated proficiency
				in administration of SFST before a certified SFST Instructor or NHTSA
				representative; and
(7) submit a
				completed application, in the format currently prescribed by the commission,
				and any required fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.35 - Firearms Proficiency for Juvenile Probation Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a firearms proficiency
				certificate for juvenile probation officers, an applicant must meet the
				following requirements, including:
(1)
				current employment as a juvenile probation officer for at least one year by the
				county juvenile probation department;
(2) active certification as a juvenile
				probation officer by the Texas Juvenile Justice Department;
(3) successful completion of the commission's
				current firearms training program for juvenile probation officers;
(4) documentation from each chief
				administrative officer that has authorized the applicant's participation in the
				juvenile probation officer firearms proficiency training program that the
				applicant has been subjected to a complete search of local, state and national
				records to disclose any criminal record or criminal history; and
(5) written documentation from each chief
				administrative officer that has authorized the applicant's participation in the
				juvenile probation officer firearms proficiency training program that the
				applicant has been examined by a psychologist, selected by the current
				appointing/employing agency, who is licensed by the Texas State Board of
				Examiners of Psychologists. The applicant must be declared in writing by that
				professional to be in satisfactory psychological and emotional health to serve
				as the type of juvenile probation officer for which the certificate is
				sought.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.37 - Cybercrime Investigator Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify, an applicant for a cybercrime investigator proficiency certificate
				must meet all proficiency requirements, and must have:
(1) at least two years experience as a peace
				officer;
(2) successful completion
				of the current cybercrimes investigator certification course(s); and
(3) submitted a completed application, in the
				format currently prescribed by the commission, and any required fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.39 - Crime Prevention Specialist Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify, an applicant for a crime
				prevention specialist proficiency certificate must meet all proficiency
				requirements including:
(1) at least one year
				experience serving in a crime prevention assignment;
(2) successful completion of required
				courses; and
(3) pass an approved
				examination for crime prevention specialist proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.41 - Court Security Specialist Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a court security
				specialist certificate, an applicant must meet all proficiency requirements,
				including:
(1) be a licensed peace officer or
				jailer; and
(2) successful
				completion of commission approved courses.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.43 - School-Based Law Enforcement Proficiency Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a school-based law
				enforcement proficiency certificate, an applicant must complete a course
				approved by the commission under Texas Occupations Code §
									1701.262.
(b) School district peace officers and school
				resource officers providing law enforcement at a school district must obtain a
				school-based law enforcement proficiency certificate within 180 days of the
				officer's commission or placement in the district or campus of the
				district.
(c) The effective date of
				this section is February 1, 2020.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.45 - Jailer Firearm Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				qualify for a jailer firearms certificate, an applicant must complete a course
				as approved by the commission, under Texas Occupations Code
				1701.2561, be
				currently appointed as a jailer, and make application to the
				commission.
(b) Jailers carrying a
				firearm as part of their assigned duties must first obtain the jailer firearms
				certificate before carrying the firearm and must maintain current firearms
				qualifications as shown in §218.9.
(c) The effective date of this section is
				February 1, 2020.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 221 - PROFICIENCY CERTIFICATES › Section 221.46 - Active Shooter Training for Public Schools and Institutions of Higher Education

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
				an Active Shooter Training Instructor certificate under Texas Occupations Code
				§
									1701.2515, an
				individual must possess a current TCOLE Instructor Proficiency Certificate,
				complete an active shooter training instructor course approved by the
				commission, and complete any required application. The certificate expires two
				years from the date of issuance. An individual may apply for renewal of the
				certificate by providing proof the applicant has completed eight hours of
				continuing education related to law enforcement response to active shooter
				events.
(b) To qualify as an Active
				Shooter Training Provider under Texas Occupations Code §
									1701.2515, a
				training provider must complete an application and show proof that the training
				provider employs appropriate training staff that possess a current Active
				Shooter Training Instructor certificate described in §221.46(a). The
				certificate expires two years from the date of issuance.
(c) The effective date of this section is
				April 1, 2024.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.1 - License Action and Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				holder of a commission issued license or certificate can be sent notice of any
				hearing, or other action or matter before the commission at:
(1) the address of the agency shown in
				commission records to have the holder under current or last
				appointment;
(2) the address shown
				on the Texas driver's license record of the holder;
(3) the last known address on record with the
				commission; or
(4) any other
				address requested by the holder in a written request to the executive
				director.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.2 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				any other action or penalty authorized by law, the commission may impose an
				administrative penalty against a law enforcement agency or governmental entity,
				including a school district, for violations of commission statutes or
				rules.
(b) In determining total
				penalty amounts, the commission shall consider:
(1) the seriousness of the
				violation;
(2) the respondent's
				history of violations;
(3) the
				amount necessary to deter future violations;
(4) efforts made by the respondent to correct
				the violation; and
(5) any other
				matter that justice may require.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.3 - Answer Required

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				preserve the right to a hearing as described under this subchapter, an answer
				must be filed not later than 20 days after the date the respondent receives
				notice of the executive director's petition or notice of violation. Failure to
				file a timely answer may result in the issuance of a default order.
(b) The answer may be in the form of a
				general denial as that term is used in the district courts of the State of
				Texas.
(c) The commission may grant
				the default order or refer the case to SOAH for a contested case
				hearing.
(d) If a person files a
				timely answer as required by this section, but fails to appear at the contested
				case hearing after receiving timely and adequate notice, the executive director
				may move for default judgment against the respondent as provided by SOAH
				rules.
(e) 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 223 - ENFORCEMENT › Section 223.5 - Contested Cases and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Contested cases, hearings and appeals will be conducted pursuant to the
				Administrative Procedure Act, Texas Government Code, Chapter 2001.
(b) The commission may consider exceptions or
				briefs filed within 20 days after a party's notification of a proposal for
				decision. Responses are due within 15 days after exceptions are
				filed.
(c) All or part of the
				proceedings of a contested case will be transcribed upon the written request of
				a party with cost to that party, unless the executive director provides
				otherwise.
(d) Any party who
				appeals a final decision must pay all preparation costs for the original or
				certified copy of the record of any proceeding to be submitted to the
				court.
(e) The commission may
				assess transcript costs to one or more parties.
(f) 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 223 - ENFORCEMENT › Section 223.13 - Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				surrender a license:
(1) as part of an
				employee termination agreement;
(2)
				as part of a plea bargain to a criminal charge;
(3) as part of an agreed settlement to
				commission action; or
(4) for any
				other reason.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.14 - Construction of Other Laws

Current through Reg. 49, No. 28; July 12, 2024
(a) A criminal
				disposition under the law of Texas, another state, federal, military, tribal,
				or foreign jurisdiction, will be construed under the closest equivalent under
				the Texas Penal Code classification of offenses.
(b) A classification of an offense as a
				felony at the time of conviction will never be changed because Texas law has
				changed or because the offense would not be a felony under current Texas
				laws.
(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 223 - ENFORCEMENT › Section 223.15 - License Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				revocation is required, the commission may suspend a license or certificate for
				violating any provision of the Texas Occupations Code, Chapter 1701 or
				commission rule.
(b) The license of
				a person charged with a felony and placed on community supervision shall be
				suspended for thirty years.
(c) The
				license of a person convicted or placed on community supervision for any
				offense above the grade of Class C misdemeanor may be suspended for 10
				years.
(d) A suspension based on a
				Class A misdemeanor shall be at least 120 days.
(e) A suspension based on a Class B
				misdemeanor shall be at least 60 days.
(f) The license of a person who fails to
				comply with legislative continuing education requirements may be suspended:
(1) up to 90 days for first-time
				noncompliance; and
(2) up to 180
				days for second-time noncompliance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.16 - Probation and Mitigating Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission may consider probating a suspension term or issue a written
				reprimand based on proof of the following mitigating factors:
(1) the licensee's history of compliance with
				the terms of court-ordered community supervision;
(2) the licensee's post-arrest continuing
				rehabilitative efforts not required by the terms of community
				supervision;
(3) the licensee's
				post-arrest employment record; and
(4) the type and amount of any post-arrest,
				non-court ordered restitution made by the licensee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.17 - Reinstatement of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) To reinstate a
				suspended or probated license for a licensee that meets current training
				requirements and has continually maintained legislatively required continuing
				education for the duration of the suspension or probation, a licensee must:
(1) make application for reinstatement in the
				format currently prescribed by the commission; and
(2) submit any required fee(s).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.18 - Suspension Following Felony Arrest

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission, through the executive director, may suspend the license of a person
				arrested or indicted for a felony offense which would constitute an immediate
				peril to the public health, safety or welfare if the person were to remain
				licensed during the pendency of criminal proceedings.
(b) By virtue of their nature, the following
				felony arrests constitute immediate peril:
(1) Sexual offenses;
(2) Assaultive offenses; and
(3) Offenses classified under Chapter 39 or
				section
				31.03(f)
				of the Texas Penal Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 223 - ENFORCEMENT › Section 223.19 - License Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The license of a
				person convicted of a felony shall be immediately revoked.
(b) The license of a person convicted or
				placed on community supervision for an offense directly related to the duties
				and responsibilities of any related office held by that person may be revoked.
				In determining whether an offense directly relates to such office, the
				commission will consider:
(1) the nature and
				seriousness of the crime;
(2) the
				relationship of the crime to the purpose for requiring a license for such
				office;
(3) the extent to which a
				license might offer an opportunity to engage in further criminal activity of
				the same type as that in which the person previously had been involved;
				and
(4) the relationship of the
				crime to the ability, capacity, or fitness required to perform the duties and
				discharge the responsibilities of such office.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 225 - SPECIALIZED LICENSES › Section 225.1 - Issuance of Jailer License through a Contract Jail Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall issue a jailer
				license to an individual appointed by a contract jail facility who meets all
				the minimum standards for jailer licensure, and submits both the current
				commission application and any required fees.
(b) A contract jail facility that appoints an
				individual who already holds a valid, active jailer license shall meet the
				appointment requirements of §
									217.7
				of this title (relating to Reporting the Appointment and Termination of a
				Licensee), including submitting any required fee.
(c) A contract jail facility that appoints an
				individual with a 180-day break in service shall meet the appointment
				requirements of §
									217.7
				of this title, including submitting any required fee.
(d) The commission shall issue a temporary
				jailer license to an individual appointed by a contract jail facility who meets
				all the minimum standards for licensure except for training and testing, and
				submits both the current commission application and any required fees. A
				temporary jailer license expires 12 months from the appointment date.
(e) Individuals licensed as jailers appointed
				by a contract jail facility shall meet the continuing education requirements in
				Chapter 218 of this title.
(f) The
				effective date of this section is September 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 225 - SPECIALIZED LICENSES › Section 225.3 - Issuance of Peace Officer License through a Medical Corporation

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall issue a peace
				officer license to an individual appointed by a medical corporation who meets
				all the minimum standards for peace officer licensure, and submits both the
				current commission application and any required fees.
(b) A medical corporation that appoints an
				individual who already holds a valid, active peace officer license shall meet
				the appointment requirements of §217.7 (relating to Reporting the
				Appointment and Termination of a Licensee), including submitting any required
				fee.
(c) A medical corporation that
				appoints an individual with a 180-day break in service shall meet the
				appointment requirements of §
									217.7
				of this title, including submitting any required fee.
(d) Individuals licensed as peace officers
				appointed by a medical corporation shall meet the continuing education
				requirements in Chapter 218 of this title.
(e) The effective date of this section is
				September 1, 2016.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 227 - SCHOOL MARSHALS › Section 227.1 - Appointing Entity Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A school district, open-enrollment
				charter school, public junior college, or private school shall:
(1) submit and receive approval for an
				application to appoint a person as a school marshal;
(2) upon authorization, notify the commission
				using approved format prior to appointment;
(3) report to the commission, within seven
				days, when a person previously authorized to act as a school marshal is no
				longer employed with the appointing entity;
(4) report to the commission, within seven
				days, when a person previously authorized to act as a school marshal is no
				longer authorized to do so by the appointing entity, commission standards,
				another state agency, or under other law; and
(5) immediately report to the commission a
				school marshal's violation of any commission standard, including the discharge
				of a firearm carried under the authorization of this chapter outside of a
				training environment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 227 - SCHOOL MARSHALS › Section 227.1 - Appointing Entity Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				school district, open-enrollment charter school, public junior college, or
				private school shall:
(1) submit and receive
				approval for an application to appoint a person as a school marshal;
(2) upon authorization, notify the commission
				using approved format prior to appointment;
(3) report to the commission, within seven
				days, when a person previously authorized to act as a school marshal is no
				longer employed with the appointing entity;
(4) report to the commission, within seven
				days, when a person previously authorized to act as a school marshal is no
				longer authorized to do so by the appointing entity, commission standards,
				another state agency, or under other law;
(5) immediately report to the commission a
				school marshal's violation of any commission standard, including the discharge
				of a firearm carried under the authorization of this chapter outside of a
				training environment; and
(6)
				immediately report to the commission any indication, suspicion, or allegation
				that a school marshal is no longer psychologically fit to carry out the duties
				of a school marshal.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 7 - TEXAS COMMISSION ON LAW ENFORCEMENT › Chapter 227 - SCHOOL MARSHALS › Section 227.3 - School Marshal Licensing and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for appointment as a
				school marshal, an applicant shall:
(1)
				successfully complete all prerequisite commission training;
(2) pass the state licensing exam;
(3) be employed and appointed by an
				authorized school district; and
(4)
				meet all statutory requirements, including psychological fitness.