TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 9. PUBLIC SAFETY COMMUNICATIONS

SUBCHAPTER D. SILVER ALERT NETWORK

37 TAC §9.31, §9.32

The Texas Department of Public Safety (the department) proposes amendments to §9.31 and §9.32, concerning Silver Alert Network. The proposed amendments reflect legislative changes from the 85th Legislative Session, HB 2639 and include updates to the Silver Alert Request Form.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with these rules as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the publication of the new form for the Silver Alert Network.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

Pursuant to Texas Government Code, §2001.0221, the department has prepared a Government Growth Impact Statement and determined for each year of the first five-year period the rules are in effect, the proposed rules expands the Silver Alert Network to include any individual diagnosed with Alzheimer's disease. The change in rules is necessary due to amendments to Texas Government Code, Chapter 411, Subchapter M, concerning Silver Alert for Missing Senior Citizens and Persons with Alzheimer's Disease, made during the 85th Legislative Session by HB 2639.

Comments on this proposal may be submitted to Ben Patterson, Texas Department of Public Safety, Texas Division of Emergency Management, P.O. Box 4087, Austin, Texas 78773. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.383(b), which authorizes the director to adopt rules to ensure proper implementation of the alert.

Texas Government Code, §411.383 is affected by this proposal.

§9.31.Purpose of Silver Alert Network.

(a) The Silver Alert Network ("network") was developed as a statewide emergency response system for certain missing senior citizens and individuals diagnosed with Alzheimer's disease. The network is designed to be activated when a missing senior citizen, 65 years of age or older with a diagnosed impaired mental condition or when any person diagnosed with Alzheimer's disease poses a credible threat to his or her health and safety.

(b) A diagnosed impaired mental condition means a mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom. In addition, this individual's current condition presents a significant level of impairment to pose a credible threat to the individual's health and safety. The condition, e.g., Alzheimer's disease or dementia, shall be documented by a medical or mental health professional.

(c) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner.

(d) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Silver Alert Network.

§9.32.Local Law Enforcement Responsibility.

A local law enforcement agency with jurisdiction over the investigation of a missing person [senior citizen] may submit a request for activation of the Silver Alert Network. The request must be submitted on the Silver Alert Request Form TDEM-26. A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide documentation of a diagnosed impaired mental condition with the request for activation.

Figure: 37 TAC §9.32 (.pdf)

[Figure: 37 TAC §9.32]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2017.

TRD-201705091

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 424-5848


SUBCHAPTER G. BLUE ALERT NETWORK

37 TAC §§9.81 - 9.84

The Texas Department of Public Safety (the department) proposes new §§9.81 - 9.84, concerning Blue Alert Network. The new sections reflect legislative changes from the 85th Legislative Session, SB 1138, which added Texas Government Code, Chapter 411, Subchapter P, concerning Blue Alert System.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with these rules as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the publication of the new rules and form related to the Blue Alert Network.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

Pursuant to Texas Government Code, §2001.0221, the department has prepared a Government Growth Impact Statement and determined for each year of the first five-year period the rules are in effect, the proposed rules will not have any impact as described by Texas Government Code, §2001.0221. This proposal merely puts in rule the previously existing guidelines for the Blue Alert Program. This alert system was initially created by Executive Order RP 68 in 2008. During the 85th Legislative Session, SB 1138 converted the executive order into law which is now located in Texas Government Code, Chapter 411, Subchapter P.

Comments on this proposal may be submitted to Ben Patterson, Texas Department of Public Safety, Texas Division of Emergency Management, P.O. Box 4087, Austin, Texas 78773. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.383(b), which authorizes the director to adopt rules to ensure proper implementation of the alert.

Texas Government Code, §411.383 is affected by this proposal.

§9.81.Purpose of Blue Alert Network.

(a) The Blue Alert Network ("network") was developed as a statewide emergency response system to aid in the apprehension of an individual(s) suspected of killing or causing serious bodily injury to a law enforcement officer. The network is designed to be activated when a law enforcement officer is killed or has suffered bodily injury and the investigating agency believes the missing suspect poses a threat to other law enforcement officers and to the public.

(b) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in responsible manner.

(c) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Blue Alert Network.

§9.82.Local Law Enforcement Responsibility.

A local law enforcement agency with jurisdiction over the investigation of a killed or a seriously injured officer may submit a request for activation of the Blue Alert network. The request must be submitted on the Blue Alert Request Form TDEM-52. A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide a detailed description of the missing suspect and, if applicable, any available portion of the license plate number of a motor vehicle used by the suspect.

Figure: 37 TAC §9.82 (.pdf)

§9.83.Department Responsibility.

The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.

§9.84.Activation and Deactivation.

Blue Alert network activations and deactivations will be made according to the procedures specified in the current Blue Alert standard operating procedures.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2017.

TRD-201705092

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 424-5848


PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.42

The Texas Board of Criminal Justice proposes amendments to §163.42, concerning Substantial Noncompliance. The amendments are proposed in conjunction with a proposed rule review of §163.42 as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting and remove superfluous language.

Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.

Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.

The anticipated public benefit, as a result of enforcing the rule, will be to update formatting and remove superfluous language. No cost will be imposed on regulated persons.

The rule will have no impact on government growth; no creation or elimination of employee positions; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, §509.003.

Cross Reference to Statutes: None.

§163.42.Substantial Noncompliance.

(a) Definition. Substantial noncompliance with the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) standards, for purposes of Texas Government Code §509.012, is defined as:

(1) intentional diversion, theft, or misapplication of TDCJ CJAD funding or grants for purposes other than the state funding award or allocation;

(2) violations of laws, regulations, or official manuals specific to the operations of the community supervision and corrections departments (CSCDs);

(3) intentional refusal to implement a TDCJ CJAD approved action plan that is a result of audits, reviews, or inspections;

(4) for purposes of qualifying for state aid under 37 Texas Administrative Code §163.43(a)(1)(F), relating to Funding and Financial Management, failure to hold the meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004 [and the Texas Open Meetings Act]; and

(5) interference, obstruction, or hindrance with any efforts by the Texas Comptroller of Public Accounts, county auditor of the county that manages the CSCD's funds, TDCJ CJAD, TDCJ Internal Audit Division, Legislative Budget Board, Texas State Auditor's [Auditors] Office, or Texas Sunset Advisory Commission[,] to examine or audit the records, transactions, and performance of the CSCD or facilities.

(b) Imposing Sanctions. Sanctions imposed for substantial noncompliance shall be in accordance with the provisions outlined in 37 Texas Administrative Code §163.47, relating to Contested Matters.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 15, 2017.

TRD-201705219

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 28, 2018

For further information, please call: (936) 437-6700


PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 211. ADMINISTRATION

37 TAC §211.1

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §211.1, concerning Definitions. Subsection (a)(56) is amended to encompass additional entities that may have school marshals pursuant to SB 386 (84R) and HB 867 (85R). Subsection (b) is amended to reflect the effective date of the changes.

This amendment is necessary to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R).

John Beauchamp, General Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by correctly listing those entities that may have school marshals.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, Code of Criminal Procedure §2.127, Texas Education Code §37.0811; School Marshals: Public Schools Texas Education Code §37.0813, School Marshals: Private Schools Texas Education Code §51.220, Public Junior College School Marshals Texas Occupations Code §1701.001, Definitions Texas Occupations Code §1701.260, Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment as School Marshal.

No other code, article, or statute is affected by this proposal.

§211.1.Definitions.

(a) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic alternative program--A program for college credit offered by a training provider recognized by the Southern Association of Colleges and Schools and the Texas Higher Education Coordinating Board, authorized by the commission to conduct preparatory law enforcement training as part of a degree plan program, and consisting of commission-approved curricula.

(2) Academic provider--A school, accredited by the Southern Association of Colleges and Schools and the Texas Higher Education Coordinating Board, which has been approved by the commission to provide basic licensing courses.

(3) Accredited college or university--An institution of higher education that is accredited or authorized by the Southern Association of Colleges and Schools, the Middle States Association of Colleges and Schools, the New England Association of Schools and Colleges, the North Central Association of Colleges and Schools, the Northwest Commission on Colleges and Universities, the Western Association of Schools and Colleges, or an international college or university evaluated and accepted by a United States accredited college or university.

(4) Active--A license issued by the commission that meets the current requirements of licensure and training as determined by the commission.

(5) Administrative Law Judge (ALJ)--An administrative law judge appointed by the chief administrative law judge of the State Office of Administrative Hearings.

(6) Agency--A law enforcement unit or other entity, whether public or private, authorized by Texas law to appoint a person licensed or certified by the commission.

(7) Appointed--Elected or commissioned by an agency as a peace officer, reserve or otherwise selected or assigned to a position governed by the Texas Occupations Code, Chapter 1701, without regard to pay or employment status.

(8) Background investigation--An investigation into an applicant's personal history that meets or exceeds the commission-developed questionnaire or personal history statement.

(9) Basic licensing course--Any current commission developed course that is required before an individual may be licensed by the commission.

(10) Certified copy--A true and correct copy of a document or record certified by the custodian of records of the submitting entity.

(11) Chief administrator--The head or designee of a law enforcement agency.

(12) Commission--The Texas Commission on Law Enforcement.

(13) Commissioned--Has been given the legal power to act as a peace officer or reserve, whether elected, employed, or appointed.

(14) Commissioners--The nine commission members appointed by the governor.

(15) Contract jail--A correctional facility, operated by a county, municipality or private vendor, operating under a contract with a county or municipality, to house inmates convicted of offenses committed against the laws of another state of the United States, as provided by Texas Government Code, §511.0092.

(16) Contract Jailer--A person licensed as a Jailer in a Contract Jail or employed by an agency outside of a County Jail whose employing agency provides services inside of a County Jail which would require the person to have a Jailer License.

(17) Contractual training provider--A law enforcement agency or academy, a law enforcement association, alternative delivery trainer, distance education, academic alternative, or proprietary training provider that conducts specific education and training under a contract with the commission.

(18) Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether:

(A) the sentence is subsequently probated and the person is discharged from probation;

(B) the charging instrument is dismissed and the person is released from all penalties and disabilities resulting from the offense; or

(C) the person is pardoned, unless the pardon is expressly granted for subsequent proof of innocence.

(19) Community supervision--Any court-ordered community supervision or probation resulting from a deferred adjudication or conviction by a court of competent jurisdiction. However, this does not include supervision resulting from a pretrial diversion.

(20) Diploma mill--An entity that offers for a fee with little or no coursework, degrees, diplomas, or certificates that may be used to represent to the general public that the individual has successfully completed a program of secondary education or training.

(21) Distance education--Study, at a distance, with an educational provider that conducts organized, formal learning opportunities for students. The instruction is offered wholly or primarily by distance study, through virtually any media. It may include the use of: videotapes, DVD, audio recordings, telephone and email communications, and Web-based delivery systems.

(22) Duty ammunition--Ammunition required or permitted by the agency to be carried on duty.

(23) Executive director--The executive director of the commission or any individual authorized to act on behalf of the executive director.

(24) Experience--Includes each month, or part thereof, served as a peace officer, reserve, jailer, telecommunicator, or federal officer. Credit may, at the discretion of the executive director, be awarded for relevant experience from an out-of-state agency.

(25) Family Violence--In this chapter, has the meaning assigned by Chapter 71, Texas Family Code.

(26) Field training program--A program intended to facilitate a transition from the academic setting to the performance of the general duties of the appointing agency.

(27) Firearms--Any handgun, shotgun, precision rifle, patrol rifle, or fully automatic weapon that is carried by the individual officer in an official capacity.

(28) Firearms proficiency--Successful completion of the annual firearms proficiency requirements.

(29) Fit for duty review--A formal specialized examination of an individual, appointed to a position governed by the Texas Occupations Code, Chapter 1701, without regard to pay or employment status, to determine if the appointee is able to safely and/or effectively perform essential job functions. The basis for these examinations should be based on objective evidence and a reasonable basis that the cause may be attributable to a medical and/or psychological condition or impairment. Objective evidence may include direct observation, credible third party reports; or other reliable evidence. The review should come after other options have been deemed inappropriate in light of the facts of the case. The selected Texas licensed medical doctor or psychologist, who is familiar with the duties of the appointee, conducting an examination should be consulted to ensure that a review is indicated. This review may include psychological and/or medical fitness examinations.

(30) High School Diploma--An earned high school diploma from a United States high school, an accredited secondary school equivalent to that of United States high school, or a passing score on the general education development test indicating a high school graduation level. Documentation from diploma mills is not acceptable.

(31) Home School Diploma--An earned diploma from a student who predominately receives instruction in a general elementary or secondary education program that is provided by the parent, or a person in parental authority, in or through the child's home. (Texas Education Code §29.916)

(32) Honorably Retired Peace Officer--An unappointed person with a Texas Peace Officer license who has a cumulative total of 15 years of full-time service as a Peace Officer. An Honorably Retired Peace Officer does not carry any Peace Officer authority.

(33) Individual--A human being who has been born and is or was alive.

(34) Jailer--A person employed or appointed as a jailer under the provisions of the Local Government Code, §85.005, or Texas Government Code §511.0092.

(35) Killed in the line of duty--A death that is the directly attributed result of a personal injury sustained in the line of duty.

(36) Law--Including, but not limited to, the constitution or a statute of this state, or the United States; a written opinion of a court of record; a municipal ordinance; an order of a county commissioners' court; or a rule authorized by and lawfully adopted under a statute.

(37) Law enforcement academy--A school operated by a governmental entity which may provide basic licensing courses and continuing education under contract with the commission.

(38) Law enforcement automobile for training--A vehicle equipped to meet the requirements of an authorized emergency vehicle as identified by Texas Transportation Code §546.003 and §547.702.

(39) Lesson plan--A plan of action consisting of a sequence of logically linked topics that together make positive learning experiences. Elements of a lesson plan include: measurable goals and objectives, content, a description of instructional methods, tests and activities, assessments and evaluations, and technologies utilized.

(40) License--A license required by law or a state agency rule that must be obtained by an individual to engage in a particular business.

(41) Licensee--An individual holding a license issued by the commission.

(42) Line of duty--Any lawful and reasonable action, which an officer identified in Texas Government Code, Chapter 3105 is required or authorized by rule, condition of employment, or law to perform. The term includes an action by the individual at a social, ceremonial, athletic, or other function to which the individual is assigned by the individual's employer.

(43) Moral character--The propensity on the part of a person to serve the public of the state in a fair, honest, and open manner.

(44) Officer--A peace officer or reserve identified under the provisions of the Texas Occupations Code, §1701.001.

(45) Patrol rifle--Any magazine-fed repeating rifle with iron/open sights or with a frame mounted optical enhancing sighting device, 5 power or less, that is carried by the individual officer in an official capacity.

(46) Peace officer--A person elected, employed, or appointed as a peace officer under the provisions of the Texas Occupations Code, §1701.001.

(47) Personal Identification Number (PID)--A unique computer-generated number assigned to individuals for identification in the commission's electronic database.

(48) Placed on probation--Has received an adjudicated or deferred adjudication probation for a criminal offense.

(49) POST--State or federal agency with jurisdiction similar to that of the commission, such as a peace officer standards and training agency.

(50) Precision rifle--Any rifle with a frame mounted optical sighting device greater than 5 power that is carried by the individual officer in an official capacity.

(51) Proprietary training contractor--An approved training contractor who has a proprietary interest in the intellectual property delivered.

(52) Public security officer--A person employed or appointed as an armed security officer identified under the provisions of the Texas Occupations Code, §1701.001.

(53) Reactivate--To make a license issued by the commission active after a license becomes inactive. A license becomes inactive at the end of the most recent unit or cycle in which the licensee is not appointed and has failed to complete legislatively required training.

(54) Reinstate--To make a license issued by the commission active after disciplinary action or failure to obtain required continuing education.

(55) Reserve--A person appointed as a reserve law enforcement officer under the provisions of the Texas Occupations Code, §1701.001.

(56) School marshal--A person employed and appointed by the board of trustees of a school district, [or] the governing body of an open-enrollment charter school, the governing body of a private school, or the governing board of a public junior college under Texas Code of Criminal Procedure, Article 2.127 and in accordance with and having the rights provided by Texas Education Code, §37.0811.

(57) Self-assessment--Completion of the commission created process, which gathers information about a training or education program.

(58) Separation--An explanation of the circumstances under which the person resigned, retired, or was terminated, reported on the form currently prescribed by the commission, in accordance with Texas Occupations Code, §1701.452.

(59) SOAH--The State Office of Administrative Hearings.

(60) Successful completion--A minimum of:

(A) 70 percent or better; or

(B) C or better; or

(C) pass, if offered as pass/fail.

(61) TCLEDDS--Texas Commission on Law Enforcement Data Distribution System.

(62) Telecommunicator--A person employed as a telecommunicator under the provisions of the Texas Occupations Code, §1701.001.

(63) Training coordinator--An individual, appointed by a commission-recognized training provider, who meets the requirements of §215.9 of this title.

(64) Training cycle--A 48-month period as established by the commission. Each training cycle is composed of two contiguous 24-month units.

(65) Training hours--Classroom or distance education hours reported in one-hour increments.

(66) Training program--An organized collection of various resources recognized by the commission for providing preparatory or continuing training. This program includes, but is not limited to, learning goals and objectives, academic activities and exercises, lesson plans, exams, skills training, skill assessments, instructional and learning tools, and training requirements.

(67) Training provider--A governmental body, law enforcement association, alternative delivery trainer, or proprietary entity credentialed by or authorized under a training provider contract with the commission to provide preparatory or continuing training for licensees or potential licensees.

(68) Verification (verified)--The confirmation of the correctness, truth, or authenticity of a document, report, or information by sworn affidavit, oath, or deposition.

(b) The effective date of this section is May 1, 2018 [February 1, 2016].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705151

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS

37 TAC §215.9

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §215.9, concerning Training Coordinators. Subsection (a) is amended to clarify that the training coordinator must be employed by the training provider. Subsection (e) is amended to reflect the effective date of the changes.

The proposed amendment clarifies that the training coordinator must be employed by the training provider.

John Beauchamp, General Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

John Beauchamp has also determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by clarifying that the training coordinator must be employed by the training provider.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Occupations Code §1701.251, Training Programs; Instructors.

No other code, article, or statute is affected by this proposal.

§215.9.Training Coordinator.

(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.

(c) If the position of training coordinator becomes vacant, upon written request from the chief administrator of the training provider the commission may, at the discretion of the executive director, waive the requirements for a period not to exceed six months.

(d) Upon written request from the chief administrator of a training provider that does not have a full-time paid staff, the commission may, at the discretion of the executive director, waive the requirements in subsection (a) of this section.

(e) The effective date of this section is May 1, 2018 [February 1, 2016].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705152

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

37 TAC §217.1

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §217.1, concerning Minimum Standards for Enrollment and Initial Licensure. Subsection (g) is amended to clarify when a second temporary jailer license may be issued. Subsection (h) is amended to clarify when a second temporary telecommunicator license may be issued, and subsection (h)(1) and (2) clarifies the expiration date of a temporary telecommunicator license. Subsection (i) is amended to reflect the effective date of the changes.

These amendments are necessary to clarify the temporary licensing of a jailer and telecommunicator.

John Beauchamp, General Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

John Beauchamp has also determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by ensuring jailers and telecommunicators are properly licensed.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.251, Training Programs; Instructors, §1701.307, Issuance of Officer or County Jailer License, §1701.3071, Issuance of Telecommunicator License, §1701.310, Appointment of County Jailer; Training Required, §1701.312, Disqualification: Felony Conviction or Placement on Community Supervision, §1701.405, Telecommunicators.

No other code, article, or statute is affected by this proposal.

§217.1.Minimum Standards for Enrollment and Initial Licensure.

(a) In order for an individual to enroll in any basic licensing course the provider must have on file documentation that the individual meets eligibility for licensure and:

(1) a high school diploma;

(2) a high school equivalency certificate; or

(3) for the basic peace officer training course, an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;

(b) The commission shall issue a license to an applicant who meets the following standards:

(1) 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;

(B) for jailers and telecommunicators is 18 years of age;

(2) minimum educational requirements:

(A) has passed a general educational development (GED) test indicating high school graduation level; or

(B) holds a high school diploma;

(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record;

(4) has never been on court-ordered community supervision or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;

(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;

(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;

(7) has never been convicted or placed on community supervision in any court of an offense involving family violence as defined under Chapter 71, Texas Family Code;

(8) for peace officers, is not prohibited by state or federal law from operating a motor vehicle;

(9) for peace officers, is not prohibited by state or federal law from possessing firearms or ammunition;

(10) has been subjected to a background investigation;

(11) examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the agency to be:

(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought;

(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test; and

(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory medical exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;

(12) examined by a psychologist, selected by the appointing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for the position sought; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face to face interview conducted after the instruments have been scored. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the agency;

(A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; or

(B) the examination may be conducted by qualified persons identified by Texas Occupations Code §501.004. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; and

(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;

(13) has never received a dishonorable or other discharge based on misconduct which bars future military service;

(14) has not had a commission license denied by final order or revoked;

(15) is not currently on suspension, or does not have a surrender of license currently in effect;

(16) meets the minimum training standards and passes the commission licensing examination for each license sought;

(17) is a U.S. citizen.

(c) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:

(1) another penal provision of Texas law; or

(2) a penal provision of any other state, federal, military or foreign jurisdiction.

(d) 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.

(e) A person must meet the training and examination requirements:

(1) training for the peace officer license consists of:

(A) the current basic peace officer course(s);

(B) a commission recognized, POST developed, basic law enforcement training course, to include:

(i) out of state licensure or certification; and

(ii) submission of the current eligibility application and fee; or

(C) a commission approved academic alternative program, taken through a licensed academic alternative provider and at least an associate's degree.

(2) training for the jailer license consists of the current basic county corrections course(s) or training recognized under Texas Occupations Code §1701.310;

(3) training for the public security officer license consists of the current basic peace officer course(s);

(4) training for telecommunicator license consists of telecommunicator course; and

(5) passing any examination required for the license sought while the exam approval remains valid.

(f) The commission may issue a provisional license, consistent with Texas Occupations Code §1701.311, to an agency for a person to be appointed by that agency. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a provisional license. A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor transferred by the agency to another applicant. A provisional license may not be reissued and expires:

(1) 12 months from the original appointment date;

(2) on leaving the appointing agency; or

(3) on failure to comply with the terms stipulated in the provisional license approval.

(g) The commission may issue a temporary jailer license, consistent with Texas Occupations Code §1701.310. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary jailer license. A temporary jailer license expires:

(1) 12 months from the original appointment date; or

(2) on completion of training and passing of the jailer licensing examination. On expiration of a temporary license, a person is not eligible for a new temporary jailer license for one year.

(h) The commission may issue a temporary telecommunicator license, consistent with Texas Occupations Code § 1701.405. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary telecommunicator license. A temporary telecommunicator license expires: [12 months from the original appointment date.]

(1) 12 months from the original appointment date; or

(2) on completion of training and passing of the telecommunicator licensing examination. On expiration of a temporary license, a person is not eligible for a new temporary telecommunicator license for one year.

(i) A person who fails to comply with the standards set forth in this section shall not accept the issuance of a license and shall not accept any appointment. If an application for licensure is found to be false or untrue, it is subject to cancellation or recall.

(j) The effective date of this section is May 1, 2018 [February 1, 2016].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705154

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §217.7

The Texas Commission on Law Enforcement (Commission) proposes amendments to §217.7, concerning Reporting Appointment and Separation of a Licensee. Subsection (a)(5) is added to require a hiring law enforcement agency to obtain documents concerning military separation of an applicant. Subsection (a)(5) - (8) has been renumbered. New subsection (a)(9) clarifies the requirements of a person with a 180 day break in service and the requirements of a new appointee. Old subsection (a)(8)(C) is removed as it is redundant information. Old subsection (a)(9) - (10) is removed. Subsection (e) is amended to reflect the effective date of the changes.

The proposed amendment consolidates all appointment requirements into one rule.

John Beauchamp, general Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by consolidating all appointment requirements into one rule.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.307 Issuance of Officer or County Jailer License, §1701.3071 Issuance of Telecommunicator License, §1701.451, Preemployment Request for Employment Termination Report and Submission of Background Check Confirmation Form.

No other code, article, or statute is affected by this proposal.

§217.7.Reporting Appointment and Separation of a Licensee.

(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 [Person's Service Record] (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) [(5)] conduct and document a background investigation;

(7) [(6)] for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment;

(8) [(7)] 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) [(8)] in addition to the requirements listed in this section: [for a person's initial appointment, or for a licensee with more than 180 days since their last appointment or graduation from a basic licensing course:]

(A) For a licensee with more than 180 days since their last appointment: [obtain a new declaration of psychological and emotional health (L3 Form);]

(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: [obtain a new declaration of the lack of any drug dependency or illegal drug use (L2 Form); and]

(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 lace 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.

[(C) obtain a new declaration of a medical evaluation for peace officers and jailers.]

[(9) For a person's initial appointment, submit an application for license (L1 Form) and receive an approval of the application before the person discharges any duties related to the license sought; and]

[(10) For current licensees, submit a Statement of Appointment (L1 Form) within 7 days of the appointment.]

(b) When a person licensed by the commission separates from an agency, the agency shall, within 7 days or after any local employment appeals are exhausted:

(1) submit a Separation report (Form F5) to the commission; and

(2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code section 1701.452.

(c) A law enforcement agency that is given a signed consent form shall make the person's employment records available to a hiring law enforcement agency as authorized by Texas Occupations Code section 1701.451.

(d) An agency must retain records kept under this section while the person is appointed and for a minimum of five years after the licensee's separation date with that agency. The records must be maintained under the control of the agency head or designee in a format readily accessible to the commission.

(e) The effective date of this section is May 1, 2018 [May 1, 2017].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705155

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §217.27

The Texas Commission on Law Enforcement (Commission) proposes the repeal of §217.27, concerning Appointment Eligibility of a Telecommunicator. The proposed repeal is replaced with new rule §217.7, which combines Reporting Appointment requirements for all licensees into one rule.

This repeal is necessary to condense the licensee reporting requirements into one rule.

John Beauchamp, General Counsel, has determined that for each year of the first five years, the repeal as proposed will be in effect, there will be a positive benefit to the public by clarifying the appointment process.

Mr. Beauchamp has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

Mr. Beauchamp has determined that for each year of the first five years the repeal as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed repeal.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - Yes

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

This repeal is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority; §1701.255, Enrollment Qualifications; and §1701.405, Telecommunicators.

No other code, article, or statute is affected by this proposal.

§217.27.Appointment Eligibility of a Telecommunicator.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705157

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


CHAPTER 218. CONTINUING EDUCATION

37 TAC §218.3

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §218.3, concerning Legislatively Required Continuing Education for Licensees. Subsection (a) is amended to clarify that the 40 hours of continuing education training includes the legal update changes. Subsection (q) is amended to reflect the effective date of the changes.

This amendment is necessary for clarification of training courses and hours.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by clarifying training that is required of licensees.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.253, School Curriculum, §1701.351, Continuing Education Required for Peace Officers, §1701.352, Continuing Education Programs, §1701.353, Continuing Education Procedures, §1701.354, Continuing Education for Deputy Constables, §1701.3545, Initial Training and Continuing Education for Constables.

No other code, article, or statute is affected by this proposal.

§218.3.Legislatively Required Continuing Education for Licensees.

(a) Individuals appointed as peace officers shall complete at least 40 hours of continuing education training, to include [and must complete] a training and education program that covers recent changes to the laws of this state and of the United States pertaining to peace officers every 24-month unit of a training cycle.

(b) Each agency that appoints or employs peace officers, reserve law enforcement officers, jailers, or public security officers shall provide each peace officer, reserve law enforcement officer, jailer, or public security officer whom it appoints or employs with a continuing education program at least once every 48-month training cycle. Part of this training program consists of topics selected by the agency. This section does not limit the number of hours of continuing education an agency may provide.

(c) A state agency, county, special district, or municipality that appoints or employs a telecommunicator shall provide training to the telecommunicator of not less than 20 hours during each 24-month period of employment. The training must be approved by the commission and consist of topics selected by the commission and the employing entity. This section does not limit the number of hours of continuing education an agency may provide.

(d) Part of the legislatively required peace officer training in every 48-month training cycle must include the curricula and learning objectives developed by the commission, to include:

(1) for an officer holding a basic proficiency certificate or less, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding:

(A) civil rights, racial sensitivity, and cultural diversity;

(B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; and

(C) unless determined by the agency head to be inconsistent with the officer's assigned duties:

(i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and

(ii) issues concerning sex offender characteristics; and

(2) supervision issues for each peace officer appointed to their first supervisory position, this training must be completed not earlier than the twelfth month before the date of that appointment or later than the first anniversary of the date of that appointment. [within 24 months following the date of appointment as a supervisor.]

(e) Individuals licensed as reserve law enforcement officers, jailers, or public security officers shall meet the training requirements for civil rights, racial sensitivity, and cultural diversity in every 48-month training cycle unless the person has completed or is otherwise exempted from legislative required training under another commission license or certificate.

(f) A peace officer first licensed on or after January 1, 2011, must complete a basic training program on the trafficking of persons within one year of licensure.

(g) For appointed or elected constables:

(1) An individual appointed or elected to that individual's first position as constable must complete at least 40 hours of initial training for new constables in accordance with Texas Occupations Code §1701.3545(c).

(2) Each constable must complete at least 40 hours of continuing education in accordance with Texas Occupations Code §1701.3545(b), each 48-month cycle.

(h) Each deputy constable shall also complete a 20 hour course of training in civil process during each current training cycle.

(i) In accordance with Texas Occupations Code §1701.358, individuals appointed as "chief" or "police chief" of a police department:

(1) A newly appointed or elected police chief shall complete the initial training program for new chiefs not later than the second anniversary of that individual's appointment or election as chief.

(2) Each police chief must receive at least 40 hours of continuing education provided by the Bill Blackwood Law Enforcement Management Institute each 24-month unit.

(j) The commission shall provide adequate notice to agencies and licensees of impending non-compliance with the legislatively required continuing education.

(k) 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.

(l) The commission may take disciplinary action against a licensee for failure to complete the legislatively required continuing education program at least once every training unit.

(m) The commission may take disciplinary action against a licensee for failure to complete the appropriate training within a training cycle.

(n) Individuals licensed as peace officers shall complete the legislatively required continuing education program required under this section beginning in the first complete 24-month unit immediately following the date of licensing.

(o) Individuals licensed as county jailers shall complete the legislatively required continuing education program required under this section beginning in the first complete 48-month cycle immediately following the date of licensing.

(p) All peace officers must meet all continuing education requirements except where exempt by law.

(q) The effective date of this section is May 1, 2018. [June 1, 2014.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705158

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


CHAPTER 227. SCHOOL MARSHALS

37 TAC §227.1

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §227.1, concerning Appointing Entity Responsibilities. This section is amended to make this a broader definition to encompass additional entities that may have school marshals pursuant to SB 386 (84R) and HB 867 (85R). Subsection (d) is amended to reflect the effective date of the changes.

This amendment is necessary to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R).

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by correctly listing those entities that may have school marshals.

John Beauchamp, General Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, Code of Criminal Procedure §2.127, Texas Education Code §37.0811; School Marshals: Public Schools Texas Education Code §37.0813, School Marshals: Private Schools Texas Education Code §51.220, Public Junior College School Marshals, §1701.260, Training for Holders of License to Carry a Handgun; Certification of Eligibility for Appointment as School Marshal.

No other code, article, or statute is affected by this proposal.

§227.1.Appointing Entity Responsibilities.

(a) A school district, open-enrollment charter school, public junior college, or private school [or public junior college] 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; [the school district or public junior college;]

(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, [school district, public junior college,] 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.

(b) An appointing entity [A school district or public junior college] shall not appoint or employ an ineligible person as a school marshal.

(c) For five years, the appointing entity [school district or public junior college] must retain documentation that it [the district or junior college] has met all requirements under law in a format readily accessible to the commission. This requirement does not relieve an appointing entity [a school district or public junior college] from retaining all other relevant records not otherwise listed.

(d) The effective date of this section is May 1, 2018. [February 1, 2016.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705159

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §227.3

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §227.3, concerning School Marshal Licensing and Reporting Requirements. Subsection (b) is amended to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R). Subsection (c) is amended to reflect the effective date of the changes.

This amendment is necessary to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R).

John Beauchamp, General Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.

John Beauchamp has also determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by reflecting statutory changes to school marshals.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.260, Training for Holders of License to Carry Handgun; Certification of Eligibility for Appointment as School Marshal, Texas Education Code §51.220, Public Junior College School Marshals, Texas Code of Criminal Procedure §2.127, School Marshals, Texas Education Code §37.0811; School Marshals: Public Schools Texas Education Code §37.0813, School Marshals: Private Schools.

No other code, article, or statute is affected by this proposal.

§227.3.School Marshal Licensing and Reporting Requirements.

(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.

(b) Once appointed, a school marshal shall:

(1) immediately report to the commission and the appointing entity [school district or public junior college] any circumstance which would render them unauthorized to act as a school marshal by virtue of their employment with the entity [school district or public junior college], failure to meet the standards of the commission, another state agency, or under law;

(2) immediately report to the commission any violation of applicable commission standards, including any discharge of a firearm carried under the authorization of this chapter outside of training environment; and

(3) comply with all requirements under law, including Texas Education Code, §37.0811.

(c) The effective date of this section is May 1, 2018. [February 1, 2016.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705162

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §227.5

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §227.5, concerning School Marshal Training Entities. Subsection (a) is amended to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R). Subsection (c) is amended to reflect the effective date of the changes.

This amendment is necessary to reflect statutory changes pursuant to SB 386 (84R) and HB 867 (85R).

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by correctly listing those entities that may have school marshals.

Mr. Beauchamp has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment. There will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has further determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority; §1701.260, Training for Holders of License to Carry Handgun; Certification of Eligibility for Appointment as School Marshal; Texas Education Code §51.220, Public Junior College School Marshals; Texas Code of Criminal Procedure §2.127, School Marshals; Texas Education Code §37.0811, School Marshals: Public Schools; and Texas Education Code §37.0813, School Marshals: Private Schools.

No other code, article, or statute is affected by this proposal.

§227.5.School Marshal Training Entities.

(a) A school marshal training program is open to any employee of an appointing entity [a school district, open-enrollment charter school, or public junior college] who holds a license to carry a handgun issued under Texas Government Code, Chapter 411, Subchapter H.

(b) The training program must be preapproved and conducted by commission staff or approved provider. The training program shall include 80 hours of instruction designed to:

(1) emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;

(2) educate a trainee about legal issues relating to the duties of peace officers and the use of force or deadly force in the protection of others;

(3) introduce the trainee to effective law enforcement strategies and techniques;

(4) improve the trainee's proficiency with a handgun; and

(5) enable the trainee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.

(c) The effective date of this section is May 1, 2018. [February 1, 2016.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705163

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


CHAPTER 229. TEXAS PEACE OFFICERS' MEMORIAL MONUMENT

37 TAC §229.1

The Texas Commission on Law Enforcement (Commission) proposes the repeal of §229.1, concerning Eligibility for Memorial Monument. This repeal is being replaced by a new §229.1.

This repeal is necessary to conform with Texas Government Code §2001.028.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by condensing the eligibility for memorial monument requirements into one rule.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this section.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - Yes

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comment on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The repeal is proposed under Texas Occupations Code, §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules Texas Government Code §3105.003, Eligibility for Monument and §3105.0035, Nominations; Addition of Names to Monument.

No other code, article, or statute is affected by this proposal.

§229.1.Eligibility for Memorial Monument.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705164

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §229.1

The Texas Commission on Law Enforcement (Commission) proposes new §229.1, concerning Eligibility for Memorial Monument. This new rule condenses the eligibility for memorial monument requirements into one rule.

This new rule is necessary to condense the eligibility for memorial monument requirements into one rule.

John Beauchamp, General Counsel, has determined that for each year of the first five years the new rule as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this new rule.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by condensing the eligibility for memorial monument requirements into one rule.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - Yes

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The new rule is proposed under Texas Occupations Code, §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules Texas Government Code §3105.003, Eligibility for Monument and §3105.0035, Nominations; Addition of Names to Monument.

§229.1.Eligibility for Memorial Monument.

(a) A person is eligible to have the person's name on the memorial if the person was killed in the line of duty and was:

(1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2.12, Code of Criminal Procedure, or other law;

(2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2.122, Code of Criminal Procedure;

(3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or

(4) a Texas peace officer who, in historical perspective, would be eligible under any of the preceding criteria.

(b) A person identified in subsection (a) of this section is eligible for inclusion on the memorial if:

(1) the fatal incident was a direct result of a line of duty, on or off duty incident;

(2) the fatal incident was an indirect result but directly attributed to a line of duty, on or off duty incident;

(3) the fatal incident was a direct result of a felonious assault on the officer, perpetrated because of the officer's status, regardless of duty status; or

(4) the Employees Retirement System of Texas authorizes benefits to the eligible survivors of the person as provided by Chapter 615, Government Code.

(c) The effective date of this section is May 1, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705165

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §229.3

The Texas Commission on Law Enforcement (Commission) proposes the repeal of §229.3, concerning Specific Eligibility of Memorial Monument. The repealed section was consolidated into new rule §229.1.

This repeal is necessary to conform with Texas Government Code §2001.028.

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by condensing the eligibility for memorial monument requirements into one rule.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - Yes

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The repeal is proposed under Texas Occupations Code, §1701.151, General Powers of the Commission; Rulemaking Authority, Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules, Texas Government Code §3105.003, Eligibility for Monument, and §3105.0035, Nominations; Addition of Names to Monument.

No other code, article, or statute is affected by this proposal.

§229.3.Specific Eligibility of Memorial Monument.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705167

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §229.3

The Texas Commission on Law Enforcement (Commission) proposes new §229.3, concerning Nomination and Selection. This new rule condenses the Nomination and Selection requirements into one rule.

This new rule is necessary to condense the Nomination and Selection requirements into one rule and to follow the requirements of HB 3647 (85R).

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by condensing the eligibility for memorial monument requirements into one rule.

John Beauchamp, General Counsel, has determined that for each year of the first five years the new rule as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this new rule.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - No

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy. - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The new rule is proposed under Texas Occupations Code, §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules Texas Government Code §3105.003, Eligibility for Monument and §3105.0035, Nominations; Addition of Names to Monument.

§229.3.Nomination and Selection.

(a) Nominations for inclusion on the memorial monument must be submitted to the commission in accordance with Article 3105.0035, Government Code.

(b) In order to make a preliminary recommendation to the Commission on whether a nominee is eligible for inclusion on the Memorial, the executive director or designee shall accept supporting documentation affirming a nominee's eligibility, including:

(1) certified copy of the Law Enforcement Agency incident report or other records;

(2) certified copy of the Coroner's report;

(3) sworn affidavit completed by the law enforcement agency chief executive officer or any other person with knowledge of the incident accepting responsibility for the information submitted, accompanied by a description detailing the incident and death;

(4) certified copy of statements of witnesses to the fatal incident;

(5) an original letter or petition of a family member with verified supporting documents;

(6) reproduced documents verified by a state or county historical commission chairperson;

(7) news articles or other published materials supported by documents listed above; or

(8) any other documentation which would reasonably substantiate a finding by the commission.

(c) The commission shall review the recommendations of the executive director concerning names of deceased officers for inclusion on the memorial at a regularly scheduled meeting and make its final determination.

(d) Nominations must be submitted to the Commission no later than 30 days prior to a quarterly meeting in which the Commission will be taking up the executive director's preliminary recommendations.

(e) The effective date of this section is May 1, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705168

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


37 TAC §229.5

The Texas Commission on Law Enforcement (Commission) proposes the repeal of §229.5, concerning Determination Standards. The repealed section is replaced with new rule §229.3.

The repeal is necessary to be in compliance with HB 3647 (85R).

John Beauchamp, General Counsel has determined that for each year of the first five years the repeal as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this repeal.

John Beauchamp has also determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by complying with HB 3647 (85R).

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.

Mr. Beauchamp has determined the following:

(1) the proposed rule creates or eliminates a government program - No

(2) implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions - No

(3) implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency - No

(4) the proposed rule requires an increase or decrease in fees paid to the agency - No

(5) the proposed rule creates a new regulation - No

(6) the proposed rule expands, limits, or repeals an existing regulation - Yes

(7) the proposed rule increases or decreases the number of individuals subject to the rule's applicability - No

(8) the proposed rule positively or adversely affects this state's economy - No

Comments on the proposal may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The repeal is proposed under Texas Occupations Code, §1701.151, General Powers of the Commission; Rulemaking Authority, Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules, Texas Government Code §3105.003, Eligibility for Monument, and §3105.0035, Nominations; Addition of Names to Monument.

§229.5.Determination Standards.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705169

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7713


PART 16. TEXAS CIVIL COMMITMENT OFFICE

CHAPTER 810. CIVIL COMMITMENT

SUBCHAPTER A. CIVIL COMMITMENT GENERAL PROVISIONS

37 TAC §810.122

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.122 concerning Definitions. This amendment is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed amendment would define income and indigent for purposes of the cost recovery authorized by §841.084 of the Health and Safety Code and to add definitions to implement §841.0838 of the Health and Safety Code as passed by Senate Bill 1576, 85th Legislative Session (2017).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to define income and indigent for purposes of the cost recovery authorized by §841.084 of the Health and Safety Code and to add definitions to implement §841.0838 of the Health and Safety Code as passed by Senate Bill 1576, 85th Legislative Session (2017).

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no fiscal impact to the State government.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Small Business and Micro-Business Impact Analysis, Government Growth Impact Statement

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed does not create a new regulation, and it does not limit or repeal an existing regulation. It expands an existing regulation to adopt definitions to implement §841.084 and §841.0838 of the Health and safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, Austin, Texas by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this proposal.

§810.122.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Health and Safety Code Chapter 841, Civil Commitment of Sexually Violent Predators.

(2) Case Management Team--All professionals involved in the assessment, treatment, supervision, monitoring, residential housing of the client, or other approved professionals. The case manager assigned by the office shall act as the chairperson of the team.

(3) Chemical Restraints--Chemical agents or inflammatory agents such as Oleoresin Capsicum (OC) or Orthochlorbenzalmalononitrile (CS) spray, that are designed to temporarily immobilize or incapacitate through temporary discomfort caused by the chemical action.

(4) [(3)] Clinical Examiner--A person or persons employed by or under contract with the office to conduct a biennial examination to assess any change in the behavioral abnormality for a person committed under the Act, §841.081.

(5) Income--For the purpose of recovery of costs under §841.084 of the Act, income includes but is not limited to: money received from employment, to include wages, salaries, tips and other taxable employee pay; disability benefits; net earnings from self-employment; funds received from the sale of property; funds received as an inheritance; interest or dividend income; retirement income; social security income; unemployment benefits; and gifts.

(6) Indigent--For the purpose of recovery of costs under §841.084 of the Act, a sexually violent predator is considered to be indigent if the sexually violent predator does not have any income.

(7) Mechanical Restraints--Items such as handcuffs, cuff protectors, plastic cuffs (disposable type), leg irons, belly chains etc. and are designed to immobilize or incapacitate a client.

(8) [(4)] Multidisciplinary Team (MDT)--Members of the Texas Civil Commitment Office (two), a licensed sex offender treatment provider from the Council on Sex Offender Treatment (one), Texas Department of Criminal Justice Rehabilitation Programs Division - sex offender rehabilitation program (one), Texas Department of Criminal Justice - Victim Service Division (one), a licensed peace officer employed by the Texas Department of Public Safety with at least five years' experience working for that department or the officer's designee (one), and a mental health professional from the Texas Department of State Health Services (one). The team assesses whether a person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release; gives notice of its findings to the Texas Department of Criminal Justice; and recommends that the person be assessed for a behavioral abnormality.

(9) [(5)] Office--The Texas Civil Commitment Office (TCCO) including the Governing Board (Government Code Chapter 420A).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705220

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421


SUBCHAPTER B. CIVIL COMMITMENT

37 TAC §810.153

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.153 concerning Tiered Treatment and Supervision Program. This amendment is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed amendment clarifies movement of a committed person through the tiered treatment program.

Background & Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to clarify movement of a committed person through the tiered treatment program.

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Government Growth Impact Statement

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed does not create a new regulation, and it does not limit or repeal an existing regulation. It expands an existing regulation to clarify movement of a committed person through the tiered treatment program.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, Austin, Texas 78728, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841.

No other statutes, articles, or codes are affected by this proposal.

§810.153.Tiered Treatment and Supervision Program.

The office shall determine the conditions of supervision and treatment for persons committed under this chapter.

(1) The office shall develop a tiered program policy for the supervision and treatment of a committed person. The tiered program shall provide for the seamless transition of a committed person from a total confinement facility to less restrictive housing and supervision and eventually release based on the person's behavior and progress in treatment.

(2) The policy regarding the movement of committed persons between programming tiers shall be in accordance with Chapter 841 of the Texas Health and Safety Code. The office shall take into account the committed person's individual treatment plan and behavior in movement through programming tiers. A committed person shall be required to meet the tasks and targets of the person's current programming tier and demonstrate that the person has internalized the concepts of the current programming tier prior to movement to the next programming tier. A committed person who demonstrates a regression in treatment or behavior may be reduced in tier levels.

(3) [(2)] The office shall enter into appropriate contracts or memoranda of understanding for the provision of any necessary supervised housing and other related services and may enter into appropriate contracts for medical and mental health services and sex offender treatment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705221

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421


37 TAC §810.154

Preamble:

The Texas Civil Commitment Office (TCCO) proposes new rule §810.154, concerning Emergency Detention Orders. This rule is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed new rule implements §841.0837 of the Health and Safety Code as passed by Senate Bill 1576, 85th Legislative Session (2017).

Background and Justification:

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to adopt this rule to implement Senate Bill 1576, 85th Legislative Session (2017).

Fiscal Note:

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis, Government Growth Impact Statement:

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed creates a new regulation by creating a new rule to set forth procedures for the issuance of an emergency detention order. However, emergency detention orders are already authorized by §841.0837 of the Health and Safety Code and §841.141 requires TCCO to adopt rules to implement Chapter 841.

Public Benefit:

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis:

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment:

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this proposal.

§810.154.Emergency Detention Orders.

(a) The office is required to transfer a committed person to a more restrictive setting if the office considers the transfer necessary to further treatment and to protect the community.

(b) In such an instance, when the office has determined that it is necessary to transfer a committed person to a more restrictive setting in order to further the person's supervision and treatment, the office may issue an emergency detention order.

(c) The emergency detention order shall authorize a peace officer to immediately apprehend the individual and transport the individual to a location designated by the office.

(d) The emergency detention order shall list the individual's name and identifying details, current location, location to which the person shall be transferred and shall be signed by the office's Executive Director or designee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705222

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421


37 TAC §810.155

The Texas Civil Commitment Office (TCCO) proposes new rule §810.155, concerning Mechanical and Chemical Restraints. This rule is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed new rule implements §841.0838 of the Health and Safety Code as passed by Senate Bill 1576, 85th Legislative Session (2017).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to adopt this rule to implement Senate Bill 1576, 85th Legislative Session (2017).

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis, Government Growth Impact Statement

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed new rule. There is no significant anticipated economic cost to persons who are required to comply with the proposed new rule.

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed creates a new regulation by creating a new rule to set forth procedures for the usage of mechanical and chemical restraints. However, mechanical and chemical restraints are already authorized by §841.0838 of the Health and Safety Code and §841.141 requires TCCO to adopt rules to implement Chapter 841.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the new rule will be in effect, the public benefits expected as a result of this new rule will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, Austin, Texas by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The new rule is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841.

No other statutes, articles, or codes are affected by this proposal.

§810.155Mechanical and Chemical Restraints

(a) An employee of the office, a person who contracts with the office, or an employee of that contractor may use mechanical or chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides in a civil commitment center. Mechanical and chemical restraints may be utilized in the following circumstances:

(1) The use of mechanical or chemical restraints is a last resort;

(2) The use of mechanical or chemical restraints is necessary to stop or prevent imminent physical injury to the committed person or another, threatening behavior by the committed person while the person is using or exhibiting a weapon, a disturbance by a group of committed persons; or an absconsion from the civil commitment center; and

(3) The mechanical or chemical restraint utilized is the least restrictive restraint necessary and used for the minimum duration necessary.

(4) An employee of the office, a person who contracts with the office, or an employee of the office is only authorized to use mechanical or chemical restraints if the individual completes a training program approved by the office which includes instruction regarding approved restraint techniques, de-escalation practices, and demonstrates competency in the use of restraint techniques and devices.

(b) The office shall maintain records regarding each use of mechanical or chemical restraints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705223

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421


37 TAC §810.156

The Texas Civil Commitment Office (TCCO) proposes new rule §810.156 concerning Sexually Violent Predators Required to Submit to Global Positioning (GPS) Tracking. This rule is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed new rule implements amendments to §841.082 of the Health and Safety Code as passed by Senate Bill 1576, 85th Legislative Session (2017).

Background & Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to adopt this rule to implement Senate Bill 1576, 85th Legislative Session (2017).

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed new rule. There is no significant anticipated economic cost to persons who are required to comply with the proposed new rule.

Government Growth Impact Statement

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed creates a new regulation by creating a new rule to set forth which sexually violent predators are required to submit to global positioning satellite (GPS) tracking. However, GPS tracking is already authorized by §841.082 of the Health and Safety Code and §841.141 requires TCCO to adopt rules to implement Chapter 841. This rule implements amendments made to §841.082 by the 85th Legislative Session (2017).

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the new rule will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, Austin, Texas 78728 and by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The new rule is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841.

No other statutes, articles, or codes are affected by this proposal.

§810.156.Sexually Violent Predators Required to Submit to Global Positioning Satellite (GPS) Tracking.

Sexually violent predator clients shall be required to submit to GPS tracking when the client:

(1) Leaves the civil commitment center for any reason;

(2) Reside at the civil commitment center and are assigned to Tier 1 or Tier 2 or are a new arrival that have not yet been assigned a tier level;

(3) Are program non-compliant as determined by the office;

(4) Have a special condition of supervision such as parole supervision requiring them to submit to GPS monitoring; or

(5) Reside in the community outside a civil commitment center.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705224

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421


SUBCHAPTER E. MISCELLANEOUS PROVISIONS

37 TAC §810.273

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.273 concerning Cost of Housing, Treatment, and Tracking Services. This amendment is proposed under the authority of the Health and Safety Code §841.141, which requires TCCO to adopt rules to administer Chapter 841. Under §841.084 of the Texas Health and Safety Code, a committed person who is not indigent is responsible for the cost of housing and treatment provided under Chapter 841 and the cost of the tracking service required by §841.082. Section 841.084 further requires that the committed person pay the office the amount that the office determines necessary to defray the cost of the housing, treatment, and tracking service with respect to the committed person. This amendment clarifies the definitions of indigent and income to be utilized and the maximum payment to be required of the committed person and implements changes to §841.084 as passed by Senate Bill 1576, 85th Legislative Session (2017).

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to clarify the costs to be paid by a committed person. Section 841.084 of the Texas Health and Safety Code requires a committed person who is not indigent is responsible for the cost of housing and treatment provided under Chapter 841 and the cost of the tracking service required by §841.082. Section 841.084 further requires that the committed person pay the office the amount that the office determines necessary to defray the cost of the housing, treatment, and tracking service with respect to the committed person. This amendment clarifies the definitions of indigent and income to be utilized and the maximum payment to be required of the committed person and implements changes to §841.084 as passed by Senate Bill 1576, 85th Legislative Session (2017).

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect, there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Government Growth Impact Statement

TCCO has determined that for the first five-year period the rule is in effect: it does not create or eliminate a government program; it does not require the creation or elimination of employee positions; it does not require an increase or decrease in future legislative appropriations to the agency; it does not require an increase or decrease in fees paid to the agency; it does not increase or decrease the number of individuals subject to the rule's applicability; and it does not positively or negatively impact the state's economy. The rule as proposed does not create a new regulation, and it does not limit or repeal an existing regulation. It expands an existing regulation to clarify the definitions of indigent and income to be utilized and the maximum payment to be required of the committed person and implements changes to §841.084 as passed by Senate Bill 1576, 85th Legislative Session (2017).

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office, 4616 W. Howard Lane, Building 2 Suite 350, Austin, Texas 78728, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841.

No other statutes, articles, or codes are affected by this proposal.

§810.273.Cost of Housing, Treatment, and Tracking Services.

A civilly committed person who is not indigent is responsible for the cost of housing and treatment services under Chapter 841 of the Health and Safety Code and the cost of the tracking service required by Health and Safety Code §841.082 as well as any intentional loss of or damage to the tracking monitor. The office shall create and administer a policy regarding cost recovery for services utilizing the definitions of indigent and income set forth in Rule §810.122, Definitions. The policy shall set forth [include] the [amount and] method of payment for the cost recovery and shall not require payment in an amount that exceeds 50% of the income of the committed person or the actual cost of the services.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705225

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 341-4421