TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT
CHAPTER 211. ADMINISTRATION
37 TAC §211.1The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §211.1, Definitions. The proposed amended rule would add definitions for a full-time peace officer, part-time peace officer, and reserve law enforcement officer. The definitions were developed from Texas Government Code Chapter 614, Texas Occupations Code §1701.001, and the statutes cited in the proposed reserve law enforcement officer definition. These definitions would provide guidance for determining the appropriate type of appointment for a peace officer.
Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by clarifying the meaning for the types of peace officer appointments. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to or in writing to Mr. John P. Beauchamp, General Counsel, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701.
The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.
The proposed amended rule has been reviewed by legal counsel and has been found to be within the Commission's authority to adopt.
§211.1.
(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 or its successors 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 or its successors 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 its successors, 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 completed by the enrolling or appointing entity into an applicant's personal history as set forth in §217.1(b)(10).
(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. Conducted energy devices (CEDs) are not firearms.
(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) Full-time peace officer--a peace officer who:
(A) works as a peace officer on average at least 32 hours per week, exclusive of paid vacation; and
(B) is compensated at least at the federal minimum wage and is entitled to all employee benefits offered to a peace officer by the appointing law enforcement agency or its governing body.
(31) [(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.
(32) [(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)
(33) [(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.
(34) [(33)] Individual--A human being who has been born and is or was alive.
(35) [(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.
(36) [(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.
(37) [(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.
(38) [(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.
(39) [(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.
(40) [(39)] Less lethal force weapon--A weapon designed or intended for use on individuals or groups of individuals which, in the course of expected or reasonably foreseen use, has a lower risk of causing death or serious injury than do firearms. Less lethal force weapons do not include firearms or other weapons whose expected or reasonably foreseen use would result in life-threatening injuries. Less lethal force weapons may include police batons, hand-held chemical irritants, chemical irritants dispersed at a distance, conducted electrical weapons, kinetic impact projectiles, water cannons, and acoustic weapons and equipment. An officer provided or equipped with a less lethal force weapon should be trained, qualified, or certified in its use.
(41) [(40)] 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.
(42) [(41)] License--A license required by law or a state agency rule that must be obtained by an individual to engage in a particular business.
(43) [(42)] Licensee--An individual holding a license issued by the commission.
(44) [(43)] 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.
(45) [(44)] Moral character--The propensity on the part of a person to serve the public of the state in a fair, honest, and open manner.
(46) [(45)] Officer--A peace officer or reserve identified under the provisions of the Texas Occupations Code, §1701.001.
(47) Part-time peace officer--a peace officer who:
(A) works as a peace officer on a regular basis but on average less than 32 hours per week, exclusive of paid vacation; and
(B) is compensated at least at the federal minimum wage and is entitled to all employee benefits offered to a peace officer by the appointing law enforcement agency or its governing body.
(48) [(46)] 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.
(49) [(47)] Patrol vehicle--A vehicle equipped with emergency lights, siren, and the means to safely detain and transport a combative detainee.
(50) [(48)] Peace officer--A person elected, employed, or appointed as a peace officer under the provisions of the Texas Occupations Code, §1701.001.
(51) [(49)] Personal Identification Number (PID)--A unique computer-generated number assigned to individuals for identification in the commission's electronic database.
(52) [(50)] Placed on probation--Has received an adjudicated or deferred adjudication probation for a criminal offense.
(53) [(51)] POST--State or federal agency with jurisdiction similar to that of the commission, such as a peace officer standards and training agency.
(54) [(52)] 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.
(55) [(53)] Proprietary training contractor--An approved training contractor who has a proprietary interest in the intellectual property delivered.
(56) [(54)] Public security officer--A person employed or appointed as an armed security officer identified under the provisions of the Texas Occupations Code, §1701.001.
(57) [(55)] 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.
(58) [(56)] Reinstate--To make a license issued by the commission active after disciplinary action or failure to obtain required continuing education.
[(57) Reserve--A person appointed as a reserve law enforcement officer under the provisions of the Texas Occupations Code, §1701.001.]
(59) Reserve law enforcement officer--a licensed peace officer appointed according to Section 37.0816, Education Code, Section 41.102 or 411.0208, Government Code, Section 85.004, 86.012, or 341.012, Local Government Code, or Section 60.0775, Water Code.
(60) [(58)] School marshal--A person employed and appointed by the board of trustees of a school district, 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.
(61) [(59)] Self-assessment--Completion of the commission created process, which gathers information about a training or education program.
(62) [(60)] 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.
(63) [(61)] SOAH--The State Office of Administrative Hearings.
(64) [(62)] Successful completion--A minimum of:
(A) 70 percent or better; or
(B) C or better; or
(C) pass, if offered as pass/fail.
(65) [(63)] Sustainable funding sources--Funding from an agency's governing body such as property tax, sales tax, use and franchise fees, and the issuance of traffic citations subject to section 542.402 of the Texas Transportation Code. Term limited sources, such as grants, are not sustainable funding sources.
(66) [(64)] TCLEDDS--Texas Commission on Law Enforcement Data Distribution System.
(67) [(65)] Telecommunicator--A person employed as a telecommunicator under the provisions of the Texas Occupations Code, §1701.001.
(68) [(66)] Training coordinator--An individual, appointed by a commission-recognized training provider, who meets the requirements of §215.9 of this title.
(69) [(67)] Training cycle--A 48-month period as established by the commission. Each training cycle is composed of two contiguous 24-month units.
(70) [(68)] Training hours--Classroom or distance education hours reported in one-hour increments.
(71) [(69)] 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.
(72) [(70)] 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.
(73) [(71)] Uniform--Dress that makes an officer immediately identifiable as a peace officer, to include a visible badge. Acceptable uniform dress must be defined in agency policy and consistent in its application and use across the agency.
(74) [(72)] 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 November 1, 2025 [June 1, 2024].
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 July 14, 2025.
TRD-202502508
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: August 24, 2025
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §211.29, Responsibilities of Agency Chief Administrators. The proposed amended rule would codify in rule the requirements of law enforcement agencies in relation to the Commission contained in Texas Occupations Code Chapter 1701 or in the Misconduct Allegations and Personnel Files model policies. This will allow the Commission to enforce limited aspects of these model policies adopted by law enforcement agencies, including the investigation of and submission of reports for allegations of misconduct and the maintenance and submission of personnel and department files.
Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by conforming with the Misconduct Allegations and Personnel Files model policies. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does create a new regulation by allowing Commission enforcement, as reflected by statute, of policies required of law enforcement agencies;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to or in writing to Mr. John P. Beauchamp, General Counsel, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, Texas Occupations Code §1701.4522, Misconduct Investigation and Hiring Procedures, and Texas Occupations Code §1701.4535, Personnel File. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.4522 requires the Commission to adopt a model policy for misconduct investigations. Texas Occupations Code §1701.4535 requires the Commission to adopt a model policy for personnel files.
The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, Texas Occupations Code §1701.4522, Misconduct Investigation and Hiring Procedures, and Texas Occupations Code §1701.4535, Personnel File. No other code, article, or statute is affected by this proposal.
The proposed amended rule has been reviewed by legal counsel and has been found to be within the Commission's authority to adopt.
§211.29.
(a) An agency chief administrator is responsible for making any and all reports and submitting any and all documents required of that agency by the commission.
(b) An individual who is appointed or elected to the position of the chief administrator of a law enforcement agency shall notify the Commission of the date of appointment and title, through a form prescribed by the Commission within 30 days of such appointment.
(c) An agency chief administrator must comply with the appointment and retention requirements under Texas Occupations Code, Chapter 1701.
(d) An agency chief administrator must report to the commission within 30 days, any change in the agency's name, physical location, mailing address, electronic mail address, or telephone number.
(e) An agency chief administrator must report, in a standard format, incident-based data compiled in accordance with Texas Occupations Code §1701.164.
(f) Line of duty deaths shall be reported to the commission in current peace officers' memorial reporting formats.
(g) An agency chief administrator has an obligation to determine that all appointees are able to safely and effectively perform the essential job functions. An agency chief administrator may require a fit for duty review upon identifying factors that indicate an appointee may no longer be able to perform job-related functions safely and effectively. These factors should be based on objective evidence and a reasonable basis that the cause may be attributable to a medical or psychological condition or impairment.
(h) An agency chief administrator shall notify the commission of any failed medical (L-2) or psychological (L-3) examination within 30 days on a form prescribed by the commission. An agency chief administrator shall notify the commission upon a final determination of a failed fit-for-duty examination (FFDE) or drug screen within 30 days on a form prescribed by the commission.
(i) An agency must provide training on employment issues identified in Texas Occupations Code §1701.402 and field training.
(j) An agency must provide continuing education training required in Texas Occupations Code §1701.351 and §1701.352.
(k) Before an agency appoints any licensee to a position requiring a commission license it shall complete the reporting requirements of Texas Occupations Code §1701.451.
(l) An agency appointing a person who does not hold a commission license must file an application for the appropriate license with the commission.
(m) An agency must notify the commission electronically following the requirements of Texas Occupations Code §1701.452, when a person under appointment with that agency resigns or is terminated.
(n) An agency chief administrator must comply with orders from the commission regarding the correction of a report of resignation/termination or request a hearing from SOAH.
(o) An agency chief administrator must:
(1) at the time the agency becomes aware of an allegation of misconduct, as defined in the model policy required by Texas Occupations Code § 1701.4522(a)(1), that may result in suspension, demotion, or termination, initiate an appropriate administrative or criminal investigation into alleged misconduct of a licensee who was appointed by the law enforcement agency at the time the alleged misconduct occurred;
(2) ensure completion of the investigation into alleged misconduct in a timely manner consistent with the law enforcement agency's policies even if the licensee has separated from the law enforcement agency;
(3) submit a report of a completed investigation into alleged criminal misconduct for which criminal charges are filed against a licensee to the commission within 30 days after the investigation is completed on a form prescribed by the commission;
(4) submit a report of a completed investigation into alleged administrative misconduct to the commission in a timely manner, but not later than 30 days after the licensee's separation from the law enforcement agency, on a form prescribed by the commission;
(5) if the investigative findings or disciplinary action taken are appealed, notify the commission that the matter is under appeal and notify the commission of the disposition of an appeal within 30 days after receipt of the decision; and
(6) include documentation of the completed investigation in the licensee's personnel or department file, as appropriate.
(p) An agency chief administrator must:
(1) maintain a personnel file and department file for each licensee appointed with the law enforcement agency;
(2) submit to the commission a complete copy of the personnel file of a licensee within 30 days after separation of the licensee from the law enforcement agency in a manner prescribed by the commission; and
(3) submit to the commission a complete copy of the personnel file and department file of a licensee upon request as part of an ongoing investigation relating to the licensee.
(q) [(o)] Except in the case of a commission error, an agency that wishes to report a change to any information within commission files about a licensee shall do so in a request to the commission, containing:
(1) the licensees name, date of birth, last four digits of the social security number, or PID;
(2) the requested change; and
(3) the reason for the change.
(r) [(p)] An agency chief administrator may not appoint an applicant subject to pending administrative action based on:
(1) enrollment or licensure ineligibility; or
(2) statutory suspension or revocation.
(s) [(q)] The effective date of this section is November 1, 2025 [May 1, 2025].
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 July 14, 2025.
TRD-202502509
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: August 24, 2025
For further information, please call: (512) 936-7700
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS
37 TAC §215.8The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §215.8, Minimum Standards for Appointment as a Training Coordinator over a Basic Licensing Course. The proposed new rule would establish minimum standards and training requirements for individuals to be appointed as a training coordinator over a basic licensing course. This new rule was developed by the Minimum Standards for Training Coordinators Advisory Committee. These minimum standards were developed from the minimum standards required for Commission licensees as contained in 37 Texas Administrative Code §217.1. This new rule would require training coordinators over a basic licensing course to take a basic training coordinator course once and continuing education on a biennial basis.
Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed new rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be a positive benefit to the public by ensuring that basic licensing courses are conducted by qualified training coordinators. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does create a new regulation by requiring training coordinators over a basic licensing course to meet minimum standards and training requirements;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed new rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to or in writing to Mr. John P. Beauchamp, General Counsel, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The new rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of the 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 relating to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator.
The new rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.
The proposed new rule has been reviewed by legal counsel and has been found to be within the Commission's authority to adopt.
§215.8.
(a) A licensee currently appointed by a law enforcement agency that provides or reports a basic licensing course may be appointed by that same agency as a training coordinator if the licensee:
(1) holds a peace officer license or the respective license for the course to be taught;
(2) holds a valid instructor proficiency certificate or license; and
(3) has completed the basic training coordinator course:
(A) for an initial appointment as a training coordinator, within six months after appointment; or
(B) for any subsequent appointment, prior to being appointed.
(b) Any individual to which subsection (a) of this section does not apply must meet the following minimum standards to be appointed as a training coordinator for a training provider that provides or reports any basic licensing course:
(1) minimum age requirement:
(A) 21 years of age for providers who provide a peace officer basic licensing course, or 18 years of age if the individual has received:
(i) an associate's degree or 60 semester hours of credit from an accredited college or university; or
(ii) an honorable discharge from the armed forces of the United States after at least two years of active service; or
(B) 18 years of age for providers who provide jailer or telecommunicator basic licensing courses;
(2) minimum educational requirements:
(A) holds a valid instructor proficiency certificate or license;
(B) has completed the basic training coordinator course:
(i) for an initial appointment as a training coordinator, within six months after appointment; or
(ii) for any subsequent appointment, prior to being appointed; and
(C) satisfies one of the following requirements:
(i) has passed a general educational development (GED) test indicating high school graduation level;
(ii) holds a high school diploma; or
(iii) has an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;
(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;
(8) for providers who provide a peace officer basic licensing course, is not prohibited by state or federal law from operating a motor vehicle;
(9) is not prohibited by state or federal law from possessing firearms or ammunition;
(10) has been subjected to a background investigation completed by the training provider into the individual's personal history. A background investigation shall include, at a minimum, the following:
(A) the training provider shall:
(i) require completion of the commission-approved personal history statement; and
(ii) meet all requirements enacted in Texas Occupations Code §1701.451, including submission to the commission of a form confirming all requirements have been met. An in-person review of personnel records is acceptable in lieu of making the personnel records available electronically if a hiring training provider and a previous employing training provider or law enforcement agency mutually agree to the in-person review;
(11) examined by a physician, selected by the training provider, who is licensed by the Texas Medical Board. The physician must be familiar with the duties of a training coordinator. The individual must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the training provider to be:
(A) physically sound and free from any defect which may adversely affect the performance of duties of the training coordinator; and
(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test;
(12) examined by a psychologist, selected by the training provider, 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 a training coordinator. 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 a training coordinator. 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 a training coordinator; 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 individual must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the training provider;
(13) has never received a dishonorable discharge from the armed forces of the United States;
(14) has not had a commission or out-of-state equivalent license denied by final order or revoked;
(15) is not currently on suspension, or does not have a surrender of a commission or out-of-state equivalent license currently in effect; and
(16) is a U.S. citizen or is a legal permanent resident of the United States, if the individual is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and presents evidence satisfactory to the commission that the individual has applied for United States citizenship.
(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) An individual who fails to meet the minimum standards set forth in this section shall not accept appointment as a training coordinator over a basic licensing course. If an application for appointment is found to be false or untrue or if the individual did not meet minimum standards at the time of appointment, the training provider must terminate the appointment if directed by the commission.
(f) If a training coordinator appointed over a basic licensing course no longer meets the minimum standards set forth in this section, the training provider must terminate the appointment if directed by the commission.
(g) If an individual does not complete the basic training coordinator course within six months of initial appointment as a training coordinator over a basic licensing course, the training provider must terminate the appointment if directed by the commission. The individual is not eligible for another appointment as a training coordinator until the basic training coordinator course is completed.
(h) In order to appoint an individual as a training coordinator over a basic licensing course, a training provider must have on file documentation, acceptable to the commission, that the individual meets the minimum standards for appointment. The training provider must submit an appointment application and receive approval from the commission before the individual may discharge the duties of a training coordinator.
(i) A training coordinator appointed over a basic licensing course must complete training coordinator specific continuing education biennially as prescribed by the commission.
(j) The effective date of this section is November 1, 2025.
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 July 14, 2025.
TRD-202502512
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: August 24, 2025
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §215.9, Training Coordinator. The proposed amended rule would require a training coordinator to report to the Commission the separation of a student from a basic licensing course. This would allow the Commission to better assess the operations of a training academy and to make the Commission, training providers, and prospective appointing agencies aware of these separated students.
Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by providing data regarding the success and operations of training academies. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does create a new regulation by requiring training coordinators to submit reports of separation for students of a basic licensing course, which was previously allowed but not required;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to or in writing to Mr. John P. Beauchamp, General Counsel, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.153, Reports from Agencies and Schools. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.153 requires the Commission to establish reporting standards and procedures for the activities of licensed training schools and for matters the Commission considers necessary for the administration of Occupations Code Chapter 1701.
The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.153, Reports from Agencies and Schools. No other code, article, or statute is affected by this proposal.
The proposed amended rule has been reviewed by legal counsel and has been found to be within the Commission's authority to adopt.
§215.9.
(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; and
(E) any other reports or records as requested by the commission;
(3) report the separation of any student who fails to complete a basic licensing course on a form prescribed by the commission within 30 days;
(4) 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;
(5) [(4)] receive all commission notices on behalf of the training provider and forward each notice to the appointing authority;
(6) [(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; and
(7) [(6)] notify the commission of any failed medical (L-2) or psychological (L-3) examination within 30 days on a form prescribed by the commission.
(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 November 1, 2025 [May 1, 2025].
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 July 14, 2025.
TRD-202502510
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: August 24, 2025
For further information, please call: 5129367700
CHAPTER 223. ENFORCEMENT
37 TAC §223.19The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §223.19, License Revocation. The proposed amended rule would require the Commission to revoke the license of a licensee that is convicted or placed on community supervision for an offense under Chapter 39 of the Texas Penal Code. This conforms with the Commission's standard practice of seeking revocation for abuse of office offenses. The proposed amended rule would also allow the Commission to revoke the license of a licensee that is convicted or placed on community supervision for an offense committed against a vulnerable person, as defined, or any offense involving cruelty to animals because Commission licensees, in their position of authority, need to be trusted to safely and ethically exercise care, custody, or control over members of the public.
Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by ensuring that Texas is served by ethical law enforcement professionals and by removing licensees that have demonstrated a possible danger to the public. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does expand an existing regulation, but does not limit or repeal an existing regulation, by allowing for revocation of a license for certain offenses that previously would have resulted in license suspension;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to or in writing to Mr. John P. Beauchamp, General Counsel, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Occupations Code §1701.501, Disciplinary Action. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards relating to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.501 authorizes the Commission to establish procedures for the revocation of a license and to adopt other necessary enforcement procedures.
The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Occupations Code §1701.501, Disciplinary Action. No other code, article, or statute is affected by this proposal.
The proposed amended rule has been reviewed by legal counsel and has been found to be within the Commission's authority to adopt.
§223.19.
(a) The license of a person convicted of a felony shall be immediately revoked.
(b) The license of a person convicted or placed on community supervision for an offense directly related to the duties and responsibilities of any related office held by that person may be revoked. In determining whether an offense directly relates to such office, the commission will consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purpose for requiring a license for such office;
(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office.
(c) The license of a person convicted or placed on community supervision for any offense involving family violence shall be revoked.
(d) The license of a person convicted or placed on community supervision for any offense under Chapter 39 of the Texas Penal Code shall be revoked.
(e) The license of a person convicted or placed on community supervision for any offense committed against a vulnerable person may be revoked. A vulnerable person includes, but is not limited to:
(1) a person under the age of 18;
(2) a person over the age of 65;
(3) a disabled person;
(4) an intoxicated or incapacitated person; and
(5) a person under the care, custody, or control of the actor.
(f) The license of a person convicted or placed on community supervision for any offense involving cruelty to animals may be revoked.
(g) [(d)] The license of a person who is noncompliant for the third time in obtaining continuing education shall be revoked.
(h) [(e)] The license of a person who has received a dishonorable discharge from the armed forces of the United States shall be revoked.
(i) [(f)] The license of a person who has made, submitted, caused to be submitted, or filed a false or untruthful report to the commission may be revoked.
(j) [(g)] The license of a person who has been found to be in unauthorized possession of any commission licensing examination or portion of a commission licensing examination, or a reasonable facsimile shall be revoked.
(k) [(h)] Revocation permanently bars the person from any future licensing or certification by the commission.
(l) [(i)] A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as:
(1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued;
(2) the dishonorable or bad conduct discharge has been upgraded to above dishonorable or bad conduct conditions; or
(3) the report alleged to be false or untruthful was found to be truthful.
(m) [(j)] During the direct appeal of any appropriate conviction, a license may be revoked pending resolution of the mandatory direct appeal. The license will remain revoked unless and until the holder proves that the conviction has been set aside on appeal.
(n) [(k)] The holder of any revoked license may informally petition the executive director for reinstatement of that license based upon proof by the licensee that the facts supporting the revocation have been negated.
(o) [(l)] If granted, the executive director shall inform the commissioners of such action no later than at their next regular meeting.
(p) [(m)] If denied, the holder of a revoked license may petition the commission for a hearing to determine reinstatement based upon the same proof.
(q) [(n)] The effective date of this section is November 1, 2025 [June 1, 2022].
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 July 14, 2025.
TRD-202502511
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: August 24, 2025
For further information, please call: (512) 936-7700