TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT

CHAPTER 211. ADMINISTRATION

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.1, Definitions, without changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1573). The rule will not be republished.

This adopted 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 adopted amended rule also defines administrative duty pay status, which allows an agency to temporarily restrict a licensee's authority to act under an appointment without having to separate the licensee. This pay status will provide flexibility to agencies in handling situations involving their licensees.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. Two public comments were received.

Public Comment No. 1 from the Edinburg Police Department: Commenter asked, for licensees placed on administrative duty status, if they are still required to complete continuing education and if they should be counted as active for training cycle compliance. Commenter also asked how this status should be reflected in TCLEDDS reporting.

Commission Response: Yes, licensees placed on administrative duty status are required to complete all continuing education requirements and are considered active for the purposes of all license requirements, including training. Their license status will show as active and their pay status will show as administrative duty.

Public Comment No. 2 from the Houston Police Department: Commenter asked where in the Administrative Code or Commission rules does the administrative duty term exist to warrant this definition. Commenter also asked which relieved of duty statuses does the administrative duty pay status impact and what is the timeframe for updating the pay status.

Commission Response: The term does not currently exist in other locations within the Commission's rules. As to the other two questions, these have not been decided yet as these would be addressed by future rule amendments and not by the definition itself.

The amended rule is adopted 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 adopted 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 adoption.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601984

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §211.30, Chief Administrator Responsibilities for Misdemeanor Waivers, with non-substantive changes to the proposed text as published in the January 9, 2026 issue of the Texas Register (51 TexReg 200). The rule will be republished.

This adopted amended rule allows chief administrators to request a waiver of the minimum standards for enrollment or initial licensure in 37 Texas Administrative Code §217.1 for individuals that have been convicted or placed on community supervision for a disqualifying Class C misdemeanor offense. It also clarifies and streamlines the process for the Commission to approve or deny a waiver request, which allows the Executive Director to approve or deny a waiver request and allows a chief administrator to appeal a denied waiver request to the Commissioners.

The public comment period began on January 9, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. One public comment from the Panhandle Regional Law Enforcement Academy was received in support of adoption of the amended rule as proposed.

The amended rule is adopted 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 adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

§211.30. Chief Administrator Responsibilities for Misdemeanor Waivers.

(a) A chief administrator may request the executive director to consider an individual for a waiver of the minimum standards for enrollment or initial licensure regarding an otherwise disqualifying misdemeanor conviction or placement on community supervision.

(b) A chief administrator is eligible to apply for a waiver five years after the date of the individual's conviction or placement on community supervision.

(c) The request must include:

(1) a complete description of the following mitigating factors:

(A) the applicant's history of compliance with the terms of community supervision;

(B) the applicant's continuing rehabilitative efforts not required by the terms of community supervision;

(C) the applicant's employment record;

(D) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;

(E) the required mental state of the disposition offense;

(F) whether the conduct resulting in the arrest resulted in the loss of or damage to property or bodily injury;

(G) the type and amount of restitution made by the applicant;

(H) the applicant's prior community service;

(I) the applicant's present value to the community;

(J) the applicant's post-arrest accomplishments;

(K) the applicant's age at the time of arrest; and

(L) the applicant's prior military history;

(2) all court and community supervision documents;

(3) the applicant's statement;

(4) all offense reports;

(5) victim(s) statement(s), if applicable;

(6) letters of recommendation;

(7) statement(s) of how the public or community would benefit;

(8) chief administrator's written statement of intent to hire the applicant as a full time employee;

(9) the applicant's personal history statement; and

(10) the agency's background investigation report of the applicant.

(d) Commission staff will review the request and notify the chief administrator if the request is incomplete. The chief administrator must provide any missing documents before the request can be considered complete.

(e) The Executive Director may approve or deny a completed waiver request. If approved, the Executive Director will present the waiver request to the commissioners for ratification at the next public meeting. If denied, the chief administrator may appeal to the commissioners for consideration at a public meeting.

(f) The chief administrator will be notified of the meeting date and must be present to present the request to the commissioners. The applicant must be present at the meeting to answer questions about the request. Staff will present a report on the review process.

(g) If granted, a waiver is issued in the name of the applicant chief administrator, belongs to the sponsoring agency, is nontransferable without approval, and is without effect upon the subject's separation from the sponsoring agency. If separated and in the event of subsequent prospective law enforcement employment, a person may seek another waiver through the prospective hiring agency's chief administrator.

(h) The effective date of this section is June 1, 2026.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601990

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: January 9, 2026

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

CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §217.1, Minimum Standards for Enrollment and Initial Licensure, with no changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1577). The rule will not be republished.

This adopted amended rule conforms with the amendment to Texas Occupations Code §55.004 made by Senate Bill 1818 (89R). The adopted amended rule allows 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 that went inactive within the five years preceding the date of application. The provisional license is effective for up to 180 days.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted 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 adopted 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.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601991

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

CHAPTER 219. PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §219.11, Reactivation of a License, with no changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1580). The rule will not be republished.

This adopted amended rule clarifies the existing requirement that the reactivation prerequisites are determined by the number of years since the licensee's last full-time service appointment.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted 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 adopted 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.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601992

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

CHAPTER 221. PROFICIENCY CERTIFICATES

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §221.1, Proficiency Certificate Requirements, with no changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1582). The rule will not be republished.

This adopted amended rule conforms with the additions of Texas Government Code §§411.3735 and 418.333 made by House Bill 33 (89R). The adopted amended rule exempts applicants for the public information officer certificate from needing a license or appointment to obtain the certificate. This will allow individuals that are not licensed by the Commission to obtain the certificate.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted 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 who has or obtains 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 adopted 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.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601995

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

The Texas Commission on Law Enforcement (Commission) adopts new 37 Texas Administrative Code §221.12, Mental Health Telecommunicator Proficiency, without changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1583). The rule will not be republished.

The adopted new rule establishes a mental health proficiency certificate for telecommunicators. This proficiency certificate is 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 will provide telecommunicators with relevant mental health training to better perform their job duties and responsibilities.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. One public comment from the Meadows Mental Health Policy Institute was received in support of adoption of the new rule as proposed.

The new rule is adopted 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 adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601996

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

The Texas Commission on Law Enforcement (Commission) adopts amended 37 Texas Administrative Code §221.33, Standardized Field Sobriety Testing Instructor Proficiency, with no changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1584). The rule will not be republished.

The adopted amended rule updates the rule to the current requirements and terminology for obtaining and requalifying for a standardized field sobriety testing instructor proficiency certificate. It also clarifies the requirements for requalifying for the certificate and that an individual is required to have the certificate in order 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.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. No public comments were received regarding adoption of the amended rule as proposed.

The amended rule is adopted 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 adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority. No other code, article, or statute is affected by this proposal.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601997

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

The Texas Commission on Law Enforcement (Commission) adopts new 37 Texas Administrative Code §221.48, Public Information Officer Certificate, with changes to the proposed text as published in the March 13, 2026 issue of the Texas Register (51 TexReg 1585). The rule will be republished.

This adopted new rule conforms with the addition of Texas Government Code §418.333 made by House Bill 33 (89R). The adopted new rule establishes the requirements for obtaining and maintaining a public information officer certificate. This includes successful completion of an initial course to obtain the certificate and annual continuing education hours required by the Texas Division of Emergency Management (TDEM) to maintain the certificate. If the certificate becomes invalid due to failure to complete the required continuing education hours, the holder may renew the certificate by completing all outstanding continuing education hours. In consultation with TDEM, minor changes were made to subsections (c) and (d) of the proposed rule to accurately reflect TDEM’s role and operations regarding continuing education, which will be more lenient and provide more options for certificate holders than what was initially proposed.

The public comment period began on March 13, 2026, and ended on April 16, 2026, at the conclusion of the public meeting of the Commission. Four public comments were received.

Public Comment No. 1 from the Falls County Constable Precinct 1: Commenter is opposed to the requirement of needing the certificate and having to renew the certificate every year.

Commission Response: These requirements are imposed by the additions of Texas Government Code §§411.3735 and 418.333 as made by House Bill 33 (89R).

Public Comment No. 2 from the Rockport Police Department: Commenter is opposed to the requirement of having to renew the certificate every year and suggests aligning the renewal with other current Commission certificates.

Commission Response: This requirement is imposed by the additions of Texas Government Code §§411.3735 and 418.333 as made by House Bill 33 (89R).

Public Comment No. 3 from the Eastland County Constable Precinct 2: Commenter is opposed to the requirement of having to renew the certificate every year and suggests making the certificate valid for life or aligning the renewal with the four-year training cycle.

Commission Response: This requirement is imposed by the additions of Texas Government Code §§411.3735 and 418.333 as made by House Bill 33 (89R).

Public Comment No. 4 from the Houston Christian University Police Department: Commenter is opposed to the requirement of having to renew the certificate every year and suggests aligning the renewal with the two-year training unit.

Commission Response: This requirement is imposed by the additions of Texas Government Code §§411.3735 and 418.333 as made by House Bill 33 (89R).

The new rule is adopted 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 adopted 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.

§221.48. Public Information Officer Certificate.

(a) To obtain a public information officer (PIO) certificate, an applicant must:

(1) successfully complete an initial PIO course approved by the commission; and

(2) report completion of this course to the commission.

(b) A certificate is valid for one year from issuance.

(c) To keep the certificate valid, the holder must successfully complete the PIO continuing education hours required by the Texas Division of Emergency Management prior to each anniversary of the issuance of the certificate.

(d) If the certificate becomes invalid, a holder may renew the certificate by completing all outstanding continuing education hours.

(e) The effective date of this section is June 1, 2026.

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

Filed with the Office of the Secretary of State on May 11, 2026.

TRD-202601998

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Effective date: June 1, 2026

Proposal publication date: March 13, 2026

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

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 429. FIRE INSPECTOR AND PLAN EXAMINER

SUBCHAPTER B. MINIMUM STANDARDS FOR PLAN EXAMINER

The Texas Commission on Fire Protection (Commission) adopts an amendment to 37 TAC §429.203, concerning Minimum Standards for Plan Examiner I Certification, with changes to the proposed text as published in the November 21, 2025, issue of the Texas Register (50 TexReg 7532). The rule will be republished.

Changes were made to §429.203(3)(B) and (C) to remove the word "approved," which was inadvertently included in the proposed text. The remainder of the rule is adopted as proposed.

JUSTIFICATION FOR RULE ACTION

The Commission adopts this amendment to strengthen the prerequisites for Plan Examiner I Certification. By requiring applicants to first hold Basic Fire Inspector Certification, the Commission ensures that individuals performing plan examination duties possess foundational knowledge of fire code enforcement and inspection practices before advancing to plan examination responsibilities. The amendment also standardizes the capitalization of the word "Commission" throughout the section to conform to the agency's current drafting conventions.

HOW THE RULE WILL FUNCTION

As amended, §429.203 adds Basic Fire Inspector Certification as a prerequisite to obtaining Plan Examiner I Certification. In all other respects, the pathways to Plan Examiner I Certification--through accredited documentation from the International Fire Service Accreditation Congress or the National Board on Fire Service Professional Qualifications, through a Commission-approved training program, or through an equivalent certificate from the State Firemen's and Fire Marshals' Association of Texas--remain unchanged.

SUMMARY OF COMMENTS

No comments were received regarding adoption of this amendment.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code, §419.008, which grants the Texas Commission on Fire Protection the authority to adopt rules necessary to carry out the Commission's powers and duties. No other statutes, articles, or codes are affected by this adoption.

§429.203. Minimum Standards for Plan Examiner I Certification.

In order to be certified as a Plan Examiner I, an individual must:

(1) hold certification as a Basic Inspector; and

(2) possess valid documentation as a Plan Examiner I from either:

(A) the International Fire Service Accreditation Congress; or

(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements-General); or

(3) complete a Commission-approved Plan Examiner I training program and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved training program shall consist of one of the following:

(A) completion of the Commission-approved Plan Examiner I Curriculum, as specified in the Commission's Certification Curriculum Manual; or

(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the Commission for evaluation and found to meet the minimum requirements as listed in the Commission-approved Plan Examiner I Curriculum as specified in the Commission's Certification Curriculum Manual; or

(C) documentation of the receipt of a Plan Examiner I certificate issued by the State Firemen's and Fire Marshals' Association of Texas that is deemed equivalent to a Commission-approved Plan Examiner I curriculum.

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

Filed with the Office of the Secretary of State on May 6, 2026.

TRD-202601928

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: May 26, 2026

Proposal publication date: November 21, 2025

For further information, please call: (512) 936-3812