TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS

37 TAC §215.10

The Texas Commission on Law Enforcement (Commission) adopts new §215.10, concerning Course Instructor Requirements with changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 206).

This new rule sets requirements for course instructors. Currently the course instructor is not held accountable for the training class.

This new rule is necessary to set requirements for course instructors.

No comments were received regarding adoption of this new rule.

The new rule as adopted is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority and §1701.251, Training Programs; Instructors.

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

§215.10.Course Instructor Requirements.

(a) An instructor teaching a course must:

(1) hold a valid instructor license;

(2) certificate; or

(3) be designated, in writing, as a subject matter expert in the course by the training coordinator.

(b) The instructor is responsible for:

(1) ensuring compliance with commission rules and guidelines;

(2) preparing, maintaining, and submitting the reports of training within the time frame specified by the Training Coordinator;

(3) the administration and conduct of each course taught;

(4) at a minimum, providing a complete lesson plan, clear learning objectives, instructor biography, approved class roster and original sign-in sheet, and course evaluation to the training coordinator for the training file;

(5) enforcing all attendance and other standards set by the commission or the training advisory board;

(6) maintaining the discipline and demeanor of each student during class;

(7) distributing or presenting learning objectives to all students at the beginning of each course;

(8) ensuring that all learning objectives are taught; and

(9) ensuring examinations are proctored or supervised to have fair, honest results.

(c) The effective date of this section is May 1, 2017.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701106

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Effective date: April 6, 2017

Proposal publication date: January 20, 2017

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


CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

37 TAC §217.7

The Texas Commission on Law Enforcement (Commission) adopts the repeal of §217.7, concerning Reporting Appointment and Separation of a Licensee, without changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 207).

The repealed section was replaced with new rule §217.7, which changes the reporting date of the appointment of a licensee to conform with the reporting requirements for the notice of separation of a licensee. This rewrite also adds a requirement that the Commission records relating to the appointment of a licensee be housed with the chief administrator due to security issues with criminal history records being accessible to individuals not authorized to review these records.

No comments were received regarding the adoption of this repeal.

This repeal as adopted is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701107

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Effective date: April 6, 2017

Proposal publication date: January 20, 2017

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


37 TAC §217.7

The Texas Commission on Law Enforcement (Commission) adopts new §217.7, concerning Reporting Appointment and Separation of a Licensee, with changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 207).

This new rule is a rewrite of current §217.7 and moves the reporting date of the L-1 Appointment of Licensee report from 30 days to 7 days to conform with the reporting requirements for the F-5 Notice of Separation. This rewrite also adds a requirement that TCOLE records relating to the appointment of an officer be housed with the chief administrator due to security issues with criminal history records being accessible to individuals not authorized to review these records.

This new rule is necessary to move the reporting date of the appointment of a licensee to conform with the reporting requirements for the notice of separation of a licensee. This new rule also adds a requirement that the Commission records relating to the appointment of a licensee be housed with the chief administrator due to security issues with criminal history records being accessible to individuals not authorized to review these records.

No comments were received regarding adoption of this new rule.

The new rule as adopted is in compliance with 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; and §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 adoption.

§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 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) conduct and document a background investigation;

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

(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;

(8) 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) obtain a new declaration of psychological and emotional health (L3 Form);

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

(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;

(2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code §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 §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, 2017.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701108

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Effective date: April 6, 2017

Proposal publication date: January 20, 2017

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


CHAPTER 223. ENFORCEMENT

37 TAC §223.15

The Texas Commission on Law Enforcement (Commission) adopts the amended §223.15, concerning License Suspension without changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 208).

This amendment is necessary to conform this rule with the current revocation rule.

No comments were received regarding adoption of this amendment.

The amendment as adopted is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority and §1701.501, Disciplinary Action.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701109

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Effective date: April 6, 2017

Proposal publication date: January 20, 2017

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


37 TAC §223.18

The Texas Commission on Law Enforcement (Commission) adopts the amended §223.18, concerning Suspension Following Felony Arrest without changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 209).

This amendment is necessary to remove discretionary criteria for felony arrest suspensions from the Executive Director. Thus, such suspensions are ministerial actions executed by the Executive Director on behalf of the Commission.

No comments were received regarding adoption of this amendment.

The amendment as adopted is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority and Texas Government Code §2001.054, Licenses.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 17, 2017.

TRD-201701110

Kim Vickers

Executive Director

Texas Commission on Law Enforcement

Effective date: April 6, 2017

Proposal publication date: January 20, 2017

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