TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 211. ADMINISTRATION

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §211.1, Definitions. This proposed amended rule conforms with the addition of Texas Government Code §411.3735 made by House Bill 33 (89R) by adding a nearly identical definition for public information officer. The proposed amended rule would also define administrative duty pay status, which would allow an agency to temporarily restrict a licensee's authority to act under an appointment without having to separate the licensee.

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 proposal.

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 Texas Government Code §411.3735 regarding the definition of a public information officer and the addition of a new pay status. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed amended rule and information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis, from any person required to comply with the proposed amended rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information may be submitted electronically to public.comment@tcole.texas.gov 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 Government Code §411.3735, Certification and Continuing Education Required for Certain Public Information Officers, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Government Code §411.3735 defines public information officer. 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 Government Code §411.3735, Certification and Continuing Education Required for Certain Public Information Officers, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. 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 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.

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

(7) [(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.

(8) [(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.

(9) [(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).

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

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

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

(13) [(12)] Commission--The Texas Commission on Law Enforcement.

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

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

(16) [(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.

(17) [(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.

(18) [(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.

(19) [(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.

(20) [(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.

(21) [(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.

(22) [(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.

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

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

(25) [(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.

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

(27) [(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.

(28) [(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.

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

(30) [(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.

(31) [(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.

(32) [(31)] 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.

(33) [(32)] 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)

(34) [(33)] 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.

(35) [(34)] Individual--A human being who has been born and is or was alive.

(36) [(35)] 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.

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

(38) [(37)] 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.

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

(40) [(39)] 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.

(41) [(40)] 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.

(42) [(41)] 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.

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

(44) [(43)] Licensee--An individual holding a license issued by the commission.

(45) [(44)] 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.

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

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

(48) [(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.

(49) [(48)] 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.

(50) [(49)] Patrol vehicle--A vehicle equipped with emergency lights, siren, and the means to safely detain and transport a combative detainee.

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

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

(53) [(52)] Placed on probation--Has received an adjudicated or deferred adjudication probation for a criminal offense.

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

(55) [(54)] 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.

(56) [(55)] Proprietary training contractor--An approved training contractor who has a proprietary interest in the intellectual property delivered.

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

(59) [(57)] 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.

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

(61) [(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.

(62) [(60)] 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.

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

(64) [(62)] 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.

(65) [(63)] SOAH--The State Office of Administrative Hearings.

(66) [(64)] Successful completion--A minimum of:

(A) 70 percent or better; or

(B) C or better; or

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

(67) [(65)] 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.

(68) [(66)] TCLEDDS--Texas Commission on Law Enforcement Data Distribution System.

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

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

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

(72) [(70)] Training hours--Classroom or distance education hours reported in one-hour increments.

(73) [(71)] 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.

(74) [(72)] 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.

(75) [(73)] 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.

(76) [(74)] 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 June 1, 2026 [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 February 27, 2026.

TRD-202601009

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §217.1, Minimum Standards for Enrollment and Initial Licensure. This proposed amended rule conforms with the amendments to Texas Occupations Code §55.004 made by Senate Bill 1818 (89R). The proposed amended rule would allow military service members, military veterans, and military spouses to obtain a provisional license while applying for a Commission license. The applicants would have to either hold a current license issued by another state that is similar in scope to a Commission license and be in good standing with the other state's licensing authority or have held a Commission license within the five years preceding the date of application. The provisional license would be effective for up to 180 days.

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 proposal.

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 Texas Occupations Code §55.004 to establish the provisional license process. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed amended rule and information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis, from any person required to comply with the proposed amended rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 §55.004, Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Occupations Code §55.004 establishes a process for military service members, military veterans, and military spouses to obtain a provisional license while applying for licensure. 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 amended rule as proposed affects or implements Texas Occupations Code §55.004, Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. 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, acceptable to the Commission, that the individual meets eligibility for licensure.

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

(1) minimum 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;

(B) holds a high school diploma; or

(C) for enrollment purposes in a basic peace officer academy only, 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 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 completed by the enrolling or appointing entity into the applicant's personal history. A background investigation shall include, at a minimum, the following:

(A) An enrolling entity shall:

(i) require completion of the Commission-approved personal history statement; and

(ii) verify that the applicant meets each individual requirement for licensure under this rule based on the personal history statement and any other information known to the enrolling entity; and

(iii) contact all previous enrolling entities.

(B) In addition to subparagraph (A) of this paragraph, a law enforcement agency or law enforcement agency academy shall:

(i) require completion of the Commission-approved personal history statement; and

(ii) meet all requirements enacted in 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 agency and a previous employing law enforcement agency mutually agree to the in-person review.

(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 discharge from the armed forces of the United States;

(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 or is a legal permanent resident of the United States, if the person 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 person 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) 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.

(g) [(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.

(h) [(g)] The commission may issue a temporary jailer license, consistent with Texas Occupations Code §1701.310. A jailer appointed on a temporary basis shall be enrolled in a basic jailer licensing course on or before the 90th day after their temporary appointment. 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 may not be renewed, except that the sheriff may petition the commission to extend the temporary appointment for a period not to exceed six months. A temporary jailer license expires:

(1) 12 months from the original appointment date;

(2) at the end of a six-month extension, if granted; or

(3) on completion of training and passing of the jailer licensing examination.

(i) [(h)] A person who has previously been issued a temporary jailer license and separated from that position may be subsequently appointed on a temporary basis as a county jailer at the same or a different county jail only if the person was in good standing at the time the person separated from the position.

(j) [(i)] A person who has cumulatively served as a county jailer on a temporary basis for two years may continue to serve for the remainder of that temporary appointment, not to exceed the first anniversary of the date of the most recent appointment. The person is not eligible for an extension of that appointment or for a subsequent appointment on a temporary basis as a county jailer at the same or a different county jail until the first anniversary of the date the person separates from the temporary appointment during which the person reached two years of cumulative service.

(k) [(j)] A person whose county jailer license has become inactive may be appointed as a county jailer on a temporary basis.

(l) [(k)] 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:

(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.

(m) [(l)] 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.

(n) [(m)] The effective date of this section is June 1, 2026 [April 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 February 27, 2026.

TRD-202601010

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 219. PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §219.11, Reactivation of a License. The proposed amended rule would clarify the existing requirement that the reactivation prerequisites are determined by the number of years since the licensee's last full-time service appointment.

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 proposal.

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 existing requirements for reactivation of a license. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed amended rule and information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis, from any person required to comply with the proposed amended rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 Commission; Rulemaking Authority, Texas Occupations Code §1701.316, Reactivation of a Peace Officer License, and Texas Occupations Code §1701.3161, Reactivation of a Peace Officer License: Retired Peace Officers. 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 §1701.316 requires the Commission to adopt rules establishing requirements for the reactivation of a peace officer's license. Texas Occupations Code §1701.3161 requires the Commission to adopt rules establishing requirements for the reactivation of a retired peace officer's license.

The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.316, Reactivation of a Peace Officer License, and Texas Occupations Code §1701.3161, Reactivation of a Peace Officer License: Retired Peace Officers. No other code, article, or statute is affected by this proposal.

§219.11. Reactivation of a License.

(a) The commission will place all licenses in an inactive status at the end of the most recent training unit or cycle in which the licensee:

(1) was not appointed at the end of the unit or cycle; and

(2) did not meet continuing education requirements.

(b) The holder of an inactive license is unlicensed for all purposes.

(c) This section includes any permanent peace officer qualification certificate with an effective date before September 1, 1981.

(d) The requirements to reactivate a license for a peace officer with less than 10 years of full-time service are:

(1) If not appointed within two, but less than five, years from initial licensure:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements, a supplemental peace officer training course, and a skills assessment course;

(C) make application and submit any required fee(s); and

(D) pass the reactivation exam.

(2) If not appointed within five years of initial licensure:

(A) meet current enrollment standards;

(B) meet current licensing standards;

(C) successfully complete the basic licensing course;

(D) make application and submit any required fee(s); and

(E) pass the licensing exam.

(3) If less than two years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements; and

(C) make application and submit any required fee(s) in the format currently prescribed by the commission.

(4) If more than two years but less than five years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements and a supplemental peace officer training course;

(C) make application and submit any required fee(s); and

(D) pass the licensing exam.

(5) If more than five years but less than ten years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements, a supplemental peace officer training course, and a skills assessment course;

(C) make application and submit any required fee(s); and

(D) pass the licensing exam.

(6) Ten years or more from last full-time service appointment:

(A) meet current enrollment standards;

(B) meet current licensing standards;

(C) successfully complete the basic licensing course;

(D) make application and submit any required fee(s); and

(E) pass the licensing exam.

(e) The requirements to reactivate a license for a peace officer with 10 years but less than 15 years of full-time service are:

(1) If less than two years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements; and

(C) make application and submit any required fee(s) in the format currently prescribed by the commission.

(2) If more than two years but less than five years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements, and, if applicable, a supplemental peace officer training course;

(C) make application and submit any required fee(s); and

(D) pass the reactivation exam.

(3) If more than five years from last full-time service appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements, and, if applicable, a supplemental peace officer training course and a skills assessment course;

(C) make application and submit any required fee(s); and

(D) pass the reactivation exam.

(f) Unless exempted by Texas Occupations Code Section 1701.356, the requirements to reactivate a license for an honorably retired peace officer are:

(1) meet current licensing standards;

(2) meet current continuing education requirements; and

(3) make application and submit any required fee(s).

(g) School marshal licenses are subject to the reactivation and renewal procedures related to school marshals under Chapter 227 of this title.

(h) The requirements to reactivate a jailer or telecommunicator license are:

(1) If less than two years from last appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements; and

(C) make application and submit any required fee(s) in the format currently prescribed by the commission.

(2) If more than two years but less than five years from last appointment:

(A) meet current licensing standards;

(B) successfully complete continuing education requirements;

(C) make application and submit any required fee(s); and

(D) pass the licensing exam.

(3) If more than five years from last appointment:

(A) meet current licensing standards;

(B) successfully complete the applicable basic licensing course;

(C) make application and submit any required fee(s); and

(D) pass the licensing exam.

(i) The effective date of this section is June 1, 2026 [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 February 27, 2026.

TRD-202601011

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 221. PROFICIENCY CERTIFICATES

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §221.1, Proficiency Certificate Requirements. This proposed amended rule conforms with the additions of Texas Government Code §§411.3735 and 418.333 made by House Bill 33 (89R). The proposed amended rule would exempt applicants for the public information officer certificate from needing a license or appointment to obtain the certificate.

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 proposal.

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 Texas Government Code §§411.3735 and 418.333 regarding the public information officer certificate. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed amended rule and information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis, from any person required to comply with the proposed amended rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 Government Code §411.3735, Certification and Continuing Education Required for Certain Public Information Officers, Texas Government Code §418.333, Certification and Continuing Education, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Government Code §411.3735 requires certain agencies to have a public information officer obtain the public information officer certificate. Texas Government Code §418.333 requires an applicant for a public information officer certification to complete minimum education and training requirements for initial certification and to complete continuing education to maintain the certificate. 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 Government Code §411.3735, Certification and Continuing Education Required for Certain Public Information Officers, Texas Government Code §418.333, Certification and Continuing Education, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

§221.1. Proficiency Certificate Requirements.

(a) The commission shall issue proficiency certificates in accordance with the Texas Occupations Code §1701.402. Commission certificates issued pursuant to §1701.402 are neither required nor a prerequisite for establishing proficiency or training. The commission shall give credit toward proficiency certification for successful completion of hours or degrees at accredited colleges and universities or for military service.

(b) To qualify for proficiency certificates, applicants must meet all the following proficiency requirements:

(1) submit any required application currently prescribed by the commission, requested documentation, and any required fee;

(2) have an active license or appointment for the corresponding certificate (not a requirement for Mental Health Officer Proficiency, Retired Peace Officer and Federal Law Enforcement Officer Firearms Proficiency, Firearms Instructor Proficiency, Firearms Proficiency for Community Supervision Officers, Firearms Proficiency for Juvenile Probation Officers, [or] Instructor Proficiency, or Public Information Officer Certificate);

(3) must not have license(s) under suspension by the commission within the previous 5 years;

(4) meet the continuing education requirements for the previous training cycle;

(5) for firearms related certificates, not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm; and

(6) academic degree(s) must be issued by an accredited college or university.

(c) The commission may refuse an application if:

(1) an applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;

(2) an applicant has not affixed any required signature;

(3) required forms are incomplete;

(4) required documentation is incomplete, illegible, or is not attached; or

(5) an application contains a false assertion by any person.

(d) The commission shall cancel and recall any certificate if the applicant was not qualified for its issue and it was issued:

(1) by mistake of the commission or an agency; or

(2) based on false or incorrect information provided by the agency or applicant.

(e) If an application is found to be false, any license or certificate issued to the appointee by the commission will be subject to cancellation and recall.

(f) The issuance date of a proficiency certificate may be changed upon submission of an application along with documentation supporting the proposed date of eligibility and payment of any required fee.

(g) The effective date of this section is June 1, 2026 [February 1, 2020].

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 February 27, 2026.

TRD-202601012

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §221.12, Mental Health Telecommunicator Proficiency. The proposed new rule would establish a mental health proficiency certificate for telecommunicators. This proficiency certificate would be similar in function to the mental health officer proficiency certificate for peace officers, county jailers, and justices of the peace from 37 Texas Administrative Code §221.11, Mental Health Officer Proficiency. This optional certificate would provide telecommunicators with relevant mental health training to better perform their job duties and responsibilities.

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 proposal.

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 allowing telecommunicators to obtain a mental health proficiency certificate. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed new rule and information related to the cost, benefit, or effect of the proposed new rule, including any applicable data, research, or analysis, from any person required to comply with the proposed new rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 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 Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

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 February 27, 2026.

TRD-202601014

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §221.33, SFST Instructor Proficiency. The proposed amended rule would update the rule to the current requirements and terminology for obtaining and requalifying for a standardized field sobriety testing instructor proficiency certificate. It would also clarify the requirements for requalifying for the certificate and that the certificate is required to instruct the SFST Practitioner BPOC Course, the SFST Practitioner Course, the SFST Practitioner Refresher Course, the SFST Instructor Refresher Course, or the SFST Instructor Course.

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 proposal.

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 updating and clarifying requirements for the standardized field sobriety testing instructor proficiency certificate. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed amended rule and information related to the cost, benefit, or effect of the proposed amended rule, including any applicable data, research, or analysis, from any person required to comply with the proposed amended rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 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 amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

§221.33. Standardized Field Sobriety Testing [SFST] Instructor Proficiency.

(a) To qualify for a standardized field sobriety testing (SFST) instructor proficiency certificate, an applicant must meet all proficiency requirements including:

(1) successful completion of the NHTSA SFST Practitioner course;

(2) at least three years of [years'] experience as an SFST practitioner;

(3) current instructor license or certificate issued by the commission;

(4) successful completion of the commission-approved SFST Instructor Course or Drug Recognition Expert (DRE) Instructor Course;

(5) completion of a commission-approved [an] SFST Instructor Refresher [Update] Course or DRE Refresher [Update] Course within the last two [(2)] years;

(6) demonstrated proficiency in administration of SFST before a certified SFST instructor [Instructor] or NHTSA representative; and

(7) submit a completed application, in the format currently prescribed by the commission, and any required fee.

(b) An SFST instructor [Instructor] proficiency certificate will be valid for two [(2)] years from date of issue. After that time period, the applicant must requalify by: [re-qualify.]

(d) [(c)] The effective date of this section is June 1, 2026 [February 24, 2011].

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 February 27, 2026.

TRD-202601013

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §221.48, Public Information Officer Certificate. This proposed new rule conforms with the addition of Texas Government Code §418.333 made by House Bill 33 (89R). The proposed new rule would establish the requirements for obtaining and maintaining a public information officer certificate. It would include successful completion of an initial course to obtain the certificate and annual continuing education to maintain the certificate.

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 proposal.

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 conforming with Texas Government Code §418.333 to establish the public information officer certification process. There will be no anticipated economic costs to persons required to comply with the proposal.

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 proposal.

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 proposal.

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 is requesting comments regarding the proposed new rule and information related to the cost, benefit, or effect of the proposed new rule, including any applicable data, research, or analysis, from any person required to comply with the proposed new rule or any other interested person. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments and information 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 Government Code §418.333, Certification and Continuing Education, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. Texas Government Code §418.333 requires an applicant for a public information officer certification to complete minimum education and training requirements for initial certification and to complete continuing education to maintain the certificate. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701.

The new rule as proposed affects or implements Texas Government Code §418.333, Certification and Continuing Education, and Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

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 February 27, 2026.

TRD-202601015

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: April 12, 2026

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

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 259. NEW CONSTRUCTION RULES

SUBCHAPTER B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.117 Inmate Entrance in county jails. The proposed rule adds language to 37 TAC §259.117 that adds the design requirement that adjacent space be provided for immediate medical and mental health screening in jail construction. This requirement only applies to new construction.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be allowing an area for a more private intake screening of sensitive topics. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state’s economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.117. Inmate Entrance.

The inmate entrance shall be from the vehicular sally port through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used. Adjacent space should be provided for immediate medical and mental health screening activities.

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 February 25, 2026.

TRD-202600906

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.123 Kitchen in county jails. The proposed rule adds language to 37 TAC §259.123 that changes "covered" to "coved" at the suggestion of subject matter experts, and deletes the word "disagreeable" regarding odors also at the suggestion of subject matter experts.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved clarity in building requirements of county jails. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.123. Kitchen.

A properly equipped kitchen of adequate size shall be provided within the system and shall include the following:

(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.

(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.

(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be coved [covered]. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.

(4) Light. Adequate lighting shall be provided on all work surfaces.

(5) Ventilation. Food service areas shall be adequately ventilated to control [disagreeable] odors and moisture. All openings to the outside shall be secured and provided with insect screens.

(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.

(7) Codes. Kitchens shall comply with state health codes.

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 February 25, 2026.

TRD-202600907

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.141 Dimensions in county jails. The proposed rule adds language to 37 TAC §259.141 that changes the dimensional requirements of cells and day rooms to conform with the International Building Code. This change will apply only to new construction.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensuring that county jail construction matches accepted building standards. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas, 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.141. Dimensions.

All cells and day rooms shall be not less than eight feet from finished floor to ceiling and seven feet [five feet-six inches] from wall to wall, in accordance with International Building Code. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.

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 February 25, 2026.

TRD-202600908

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.151 Detention Doors in county jails. The proposed rule adds language to 37 TAC §259.151 that removes the specifications for how detention doors outside the security perimeter are constructed.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensuring that county jail construction meets accepted standards. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.151. Detention Doors.

Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. [Eighteen gauge hollow metal doors may be used outside the security perimeter.] Plate doors shall be constructed of material not less than 3/16 inches thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories. All cell doors shall be not less than 32 [28] inches in clear width and not less than six feet-eight inches high.

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 February 25, 2026.

TRD-202600909

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.153 Door Closers in county jails. The proposed rule adds language to 37 TAC §259.153 that clarifies the rule better than the current rule as written.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved clarity in construction requirements of county jails. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.153. Door Closers.

All detention swinging doors shall be equipped with an appropriate door closer [Door closers for all detention swinging doors shall be appropriate for the weight of the door].

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 February 25, 2026.

TRD-202600910

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.168 Television Monitoring in county jails. The proposed rule adds language to 37 TAC §259.168 that updates the outdated term "closed circuit television" to "video monitoring" and adds the requirement to use digital privacy screens to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be matching the administrative rule to the technology actually used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state’s economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.168. Television Monitoring.

Video [Closed circuit television] monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. Digital privacy screens shall be used.

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 February 25, 2026.

TRD-202600911

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

SUBCHAPTER C. NEW LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.264 Television Monitoring in county jails. The proposed rule adds language to 37 TAC §259.264 that updates the outdated term "closed circuit television" to "video monitoring" and adds the requirement to use digital privacy screens to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be matching the administrative rule to the technology actually used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.264. Television Monitoring.

Video [Closed circuit television] monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. Digital privacy screens shall be used.

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 February 25, 2026.

TRD-202600912

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

SUBCHAPTER D. NEW MEDIUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.358 Television Monitoring in county jails. The proposed rule adds language to 37 TAC §259.358 that updates the outdated term "closed circuit television" to "video monitoring" and adds the requirement to use digital privacy screens to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be matching the administrative rule to the technology actually used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state’s economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.358. Television Monitoring.

Video [Closed circuit television] monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. Digital privacy screens shall be used.

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 February 25, 2026.

TRD-202600913

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

SUBCHAPTER E. NEW MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.454 Television Monitoring in county jails. The proposed rule adds language to 37 TAC §259.454 that updates the outdated term "closed circuit television" to "video monitoring" and adds the requirement to use digital privacy screens to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be matching the administrative rule to the technology actually used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state’s economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.454. Television Monitoring.

Video [Closed circuit television] monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. Digital privacy screens shall be used.

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 February 25, 2026.

TRD-202600914

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

SUBCHAPTER H. NEW LONG-TERM INCARCERATION DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.737 Dormitories in county jails. The proposed rule adds language to 37 TAC §259.737 that adds direct supervision language.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensuring that county jails house inmates appropriate to the supervision style used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.737. Dormitories.

Dormitories shall contain 9 to 48 bunks. Dormitories operated as direct supervision may accommodate more than 48 inmates but shall not exceed more than 72 inmates. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers. Dormitories with contiguous day rooms in direct supervision facilities may exceed 40% of the facility capacity.

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 February 25, 2026.

TRD-202600915

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §259.770 Television Monitoring in county jails. The proposed rule adds language to 37 TAC §259.770 that updates the outdated term "closed circuit television" to "video monitoring" and adds the requirement to use digital privacy screens to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be matching the administrative rule to the technology actually used. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state’s economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.770. Television Monitoring.

Video [Closed circuit television] monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. Digital privacy screens shall be used.

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 February 25, 2026.

TRD-202600916

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 263. LIFE SAFETY RULES

SUBCHAPTER D. PLANS AND DRILLS FOR EMERGENCIES

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.40 Plans regarding life safety in county jails. The proposed rule adds language to 37 TAC §263.40 that requires each Sheriff/operator to develop, submit for approval, and implement a plan that specifies an agreed upon charge for self contained breathing apparatus air tanks between the county and a certified fire marshal. This proposed rule comes from a public petition for changes to minimum jail standards.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved safety protocols for county jail staff. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas, 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§263.40. Plans.

Each facility shall have and implement a written plan, approved by the commission, for escapes, riots, assaults, fires, evacuations, rebellions, civil disasters, and any other emergencies. Each plan shall provide for:

(1) use and response to alarms;

(2) notification of and access for:

(A) fire department;

(B) emergency medical service;

(C) other law enforcement officials;

(3) isolation of emergency areas;

(4) prompt release and evacuation of emergency areas (including non-ambulatory inmates);

(5) prevention of escapes during evacuations;

(6) fire suppression and extinguishment, rendering of prompt medical aid and quelling disturbances;

(7) protection of staff during emergencies;[.]

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 February 25, 2026.

TRD-202600905

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 269. RECORDS AND PROCEDURES

SUBCHAPTER A. GENERAL

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §269.3 Weapon/Ammunition Procedures in county jails. The proposed rule adds language to 37 TAC §269.3 that requires each Sheriff/operator to develop, submit, and implement a plan that specifies the weapons allowed within the security perimeter of a jail. This change is proposed due to the classification of the TASER 10 as a firearm by the Bureau of Alcohol, Tobacco, and Firearms ruling.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved flexibility in equipping County jail staff. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more comprehensive.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§269.3. Weapons/Ammunition Procedure.

Each sheriff/operator shall develop, submit, and implement a Weapon and Ammunition Procedure approved by the Texas Commission on Jail Standards not later than July 1, 2026. The weapon ammunition procedure shall include, at a minimum, the following components: Weapon Classification. A list of approved weapons permitted inside the jail (e.g., tasers, OC spray, batons) and how they will be stored when within the secured perimeter. [Weapons shall not be permitted beyond the security perimeter. Ammunition should not be permitted beyond the security perimeter. Each facility shall have and implement a written policy available for commission review regarding ammunition.]

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 February 25, 2026.

TRD-202600902

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 275. SUPERVISION OF INMATES

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §275.1 Regular Observation by Corrections Officers in county jails. The proposed rule adds language to 37 TAC §275.1 that updates the outdated term "closed circuit television" to "video monitoring" to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved clarity in the administrative rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§275.1. Regular Observation by Jailers.

Every facility shall have the appropriate number of jailers at the facility 24 hours each day. Facilities shall have an established procedure for documented, face-to-face observation of all inmates by jailers no less than once every 60 minutes. Observation shall be performed at least every 30 minutes in areas where inmates known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior are confined. There shall be a two-way voice communication capability between inmates and jailers, licensed peace officers, bailiffs, and designated staff at all times. Video monitoring [Closed circuit television] may be used, but not in lieu of the required personal observation. Electronic sensors or cameras capable of recording the required personal observations of inmates in high-risk cells or groups of cells shall be installed no later than August 31, 2020.

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 February 25, 2026.

TRD-202600903

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §275.7 Supervision Outside the Security Perimeter- Court Holding Cells in county jails. The proposed rule adds language to 37 TAC §275.7 that updates the outdated term "closed circuit television" to "video monitoring" to more accurately reflect the currently available technology.

Ricky Armstrong, Interim Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved clarity in the administrative rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Interim Executive Director, has determined that for each year of the first five-years the rule is in effect, that the rule will not create or eliminate a government program, create new or eliminate existing employee positions, increase or decrease in future legislative appropriations to the agency, or an increase or decrease in fees paid to the agency. He has also determined that the rule will not increase or decrease the number of individuals subject to the rules applicability, nor have a positive or adverse effect on the state's economy. This rule expands the existing regulation to be more appropriate.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§275.7. Supervision Outside the Security Perimeter--Court Holding Cells.

Inmates shall be observed by a peace officer or a jailer licensed by the Texas Commission on Law Enforcement or bailiff when outside the security perimeter in court holding cells. The sheriff/operator shall have an established procedure for documented, face-to-face observation of all inmates no less than once every 30 minutes. One jailer, licensed peace officer, or bailiff shall be provided on each floor where 10 or more inmates are detained, with no less than one jailer, licensed peace officer, or bailiff per 48 inmates or increment thereof on each floor for direct inmate supervision. Where required, there shall be a two-way voice communication capability between inmates and jailers, licensed peace officers, or bailiffs at all times. Video monitoring [Closed circuit television] may be used, but not in lieu of the required personal observation.

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 February 25, 2026.

TRD-202600904

Ricky Armstrong

Interim Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: April 12, 2026

For further information, please call: (512) 850-9668