Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.30, Chief Administrator Responsibilities for Class A and B Waivers, without changes to the proposed text as published in the May 2, 2025 issue of the Texas Register (50 TexReg 2691). The rule will not be republished.

This adopted amended rule requires chief administrators to submit an applicant's personal history statement and the law enforcement agency's background investigation report of the applicant as part of the waiver request. This will aid the Commission during the Commission's review of the waiver request and will also ensure that the agency has completed the required background investigation before submitting a waiver request to the Commission, which will better support the law enforcement agency and the Commission in making well-informed decisions regarding the licensing and appointment of an applicant with a criminal record.

The public comment period began on May 2, 2025, and ended on June 12, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards related to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, public security officer, or telecommunicator.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. 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 July 3, 2025.

TRD-202502243

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: August 1, 2025

Proposal publication date: May 2, 2025

For further information, please call: (512) 936-7700

CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

37 TAC §217.7

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §217.7, Reporting Appointment and Separation of a Licensee, without changes to the proposed text as published in the May 9, 2025 issue of the Texas Register (50 TexReg 2754). The rule will not be republished.

This adopted amended rule requires all applicants and licensees to be fingerprinted and subjected to a fingerprint-based criminal background check before being appointed by a law enforcement agency, replacing the name-based criminal background check. This conforms with the recommendations made by an advisory committee and approved by the Commission in the Hiring Procedures Model Policy, as required by the addition of Texas Occupations Code §1701.4522 made by Senate Bill 1445 (88R). The adopted amended rule increases the likelihood that agencies will identify disqualifying criminal charges or offenses during the background investigation, resulting in fewer appointments of ineligible individuals. This is also related to the elimination of the requirement that licensees and appointing agencies submit the Criminal Charges Notification (E-1) form to the Commission when a licensee was arrested or charged with a crime.

The public comment period began on May 9, 2025, and ended on June 12, 2025, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted under Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, §1701.303, License Application; Duties of Appointing Entity, and §1701.451, Preemployment Procedure. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.303 requires an agency to have a licensee's criminal history record information and to have a licensee fingerprinted to disclose any criminal record if there has been a 180-day break in service. Texas Occupations Code §1701.451 requires an agency to obtain and review criminal history record information before appointing a licensee.

The amended rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, §1701.303, License Application; Duties of Appointing Entity, and §1701.451, Preemployment Procedure. No other code, article, or statute is affected by this adoption.