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 §211.16, Establishment or Continued Operation of an Appointing Entity. This proposed amended rule would require a law enforcement agency to adopt a policy on polygraph examiners used by the agency for certain types of polygraph examinations, as suggested by the Law Enforcement Polygraph Examinations Advisory Committee.

Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed rule.

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 §1701.318. There will be no anticipated economic costs to persons required to comply with the proposed rule.

Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed rule.

Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed rule.

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 limit or repeal an existing regulation, but does expand an existing regulation by requiring the adoption by a law enforcement agency of a policy on polygraph examinations;

(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 Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.318, Certification Required for Peace Officers to Conduct Polygraph Examinations. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.318 requires the Commission to adopt rules prohibiting a peace officer from conducting certain polygraph examinations unless they have completed Commission-approved training and allows the Commission to establish minimum requirements for the training, testing, and certification of peace officers to conduct certain polygraph examinations.

The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.318, Certification Required for Peace Officers to Conduct Polygraph Examinations. No other code, article, or statute is affected by this proposal.

§211.16. Establishment or Continued Operation of an Appointing Entity.

(a) To establish that an agency or a prospective agency meets the minimum standards for the creation or continued operation of a law enforcement agency, the agency must provide evidence that the agency:

(1) provides public benefit to the community;

(2) has sustainable funding sources that meet or exceed the continued operating expenses outlined in a line-item budget for the agency;

(3) has physical resources available to officers, including:

(A) at least one firearm per officer on duty;

(B) at least one less lethal force weapon per officer on duty;

(i) at least one radio communication device per officer on duty performing patrol, courtroom security, traffic enforcement, responding to calls for service, assigned to a controlled access point, acting as a visual deterrent to crime, surveillance, warrant execution, and service of civil process; and

(ii) at least one radio communication device or cell phone device for any other officer on duty who may have contact with the general public;

(D) at least one bullet-resistant vest per officer on duty with vest panels that:

(i) have been certified as compliant by the National Institute of Justice (NIJ);

(ii) are within the ballistic performance warranty period listed by the manufacturer on the affixed tags; and

(iii) have never been shot or otherwise compromised;

(E) access to at least one breaching tool and one ballistic shield;

(F) for agencies with primary jurisdiction over a school district or open-enrollment charter school, one breaching tool and one ballistic shield available at each campus;

(G) at least one uniform per officer whose duties include any of the following:

(i) performing patrol;

(ii) courtroom security;

(iii) traffic enforcement;

(iv) responding to calls for service;

(v) assigned to a controlled access point;

(vi) acting as a visual deterrent to crime;

(vii) warrant execution; or

(viii) service of civil process;

(H) at least one motor vehicle owned and insured by an agency created on or after June 1, 2024; and

(I) patrol vehicles provided to officers whose duties include either performing patrol, traffic enforcement, or responding to calls for service that:

(i) are owned, insured, and equipped by the agency; or

(ii) may be personally owned for agencies in existence before June 1, 2024, that have not provided agency-owned patrol vehicles from June 1, 2024, to the present;

(4) has physical facilities, including:

(A) an evidence room or other acceptable secure evidence storage for officers whose duties include any of the following:

(i) performing patrol;

(ii) traffic enforcement;

(iii) criminal investigations;

(iv) responding to calls for service; or

(v) executing search or arrest warrants;

(B) a dispatch area for any agency appointing and employing telecommunicators; and

(i) how to receive the most immediate assistance in an emergency;

(ii) how to make a nonemergency report of a crime; and

(iii) how to make a compliment or complaint on a member of the agency by mail, online, or by phone;

(5) has policies, including policies on:

(A) use of force;

(B) vehicle pursuit;

(D) domestic abuse protocols;

(E) response to missing persons;

(F) supervision of part-time officers;

(G) impartial policing;

(H) medical and psychological examination of licensees;

(I) active shooters, including a detailed written policy based on current best practices for responding to an active shooter incident at a primary or secondary school facility and a recommendation for the frequency at which simulated emergency drills should be conducted;

(J) barricaded subjects;

(K) evidence collection and handling;

(L) eyewitness identification;

(M) misconduct investigations;

(N) hiring a license holder;

(O) personnel files;

(P) uniform and dress code;

(Q) training required to maintain licensure; [~~and~~]

(R) outside and off-duty employment; and

(S) polygraph examiners;

(6) has an assigned public information officer who must hold a valid public information officer certificate or must obtain the certificate within the first year of assignment, if the agency is:

(A) a municipal police department;

(B) a sheriff's office;

(D) a school district police department; or

(E) the Texas Department of Public Safety;

(7) has an established administrative structure, including:

(A) an organizational chart for the agency that illustrates the division and assignment of licensed and unlicensed personnel;

(B) a projection for the number of full-time peace officers, part-time peace officers, and reserve law enforcement officers that the agency would employ during the year if at full staffing; and

(C) the number of School Resource Officer (SRO) positions employed by the agency and working in schools if the agency is not an independent school district (ISD) police department;

(8) has liability insurance for the agency and any vehicles used for agency purposes;

(9) has a defined process by which the agency will receive by mail, online, and by phone and document compliments and complaints on its employees; and

(10) any other information the commission requires.

(b) An entity applying to create a law enforcement agency is presumed to provide public benefit to the community if any of the following conditions are satisfied:

(1) the agency's chief administrator is an officer elected under the Texas Constitution;

(2) the agency is required by statute;

(3) the agency serves a municipality that contains a population of at least 10,000 people and the municipality is without an agency;

(4) the agency consists of investigators for a county or district attorney's office; or

(5) the agency serves a school district, open-enrollment charter school, private school, state institution of higher education, public technical institute, or private institution of higher education with an enrollment of at least 2,500 students.

(c) An entity applying to create a law enforcement agency may be found to provide public benefit to the community based upon a balance of the following factors:

(1) the unmet law enforcement needs of the subject community;

(2) a consideration of the presence of other agencies within the subject community, including but not limited to:

(A) the number and types of agencies that serve the community;

(B) the consistency of jurisdictional coverage to be provided;

(D) the ability of other agencies to provide the desired law enforcement services to the community through agreements or contracts;

(3) the desired law enforcement functions, roles, and responsibilities of the prospective agency within the subject community;

(4) a comparison of establishing an agency versus other options to address the desired law enforcement needs;

(5) the ability to provide continuity of law enforcement services;

(6) the provision of full-time versus part-time coverage;

(7) the staffing to be achieved by full-time, part-time, or reserve law enforcement officers;

(8) the ability to recruit and retain qualified licensees for appointment;

(9) the ability to recruit or retain a chief administrator;

(10) the ability to supervise, train, and develop licensees;

(11) the ability to fulfill administrative obligations required by law, including but not limited to:

(A) training compliance;

(B) maintaining required records in compliance with applicable laws;

(D) appointment and separation processes;

(E) investigating and resolving allegations of misconduct; and

(F) policy development, implementation, and compliance;

(12) access to legal support and other supportive resources;

(13) oversight and support to be provided by the governing body;

(14) prior agency and governing body history with the commission; and

(15) any other factor the commission considers relevant.

(d) A law enforcement agency may be found to no longer provide public benefit to the community based upon a balance of the following factors:

(1) the relevant factors contained in subsection (c) of this section;

(2) the turnover rate of agency staff;

(3) the history and seriousness of the agency's audit and inspection deficiencies and violations;

(4) the history and seriousness of administrative and criminal misconduct of the agency's appointees;

(5) neglect of the agency's duties;

(6) lack of oversight or abuse by the agency's governing body;

(7) involvement in activities not related to the statutory purpose for the type of agency; and

(8) any other factor the commission considers relevant.

(e) An entity authorized by law to establish a law enforcement agency and appoint licensees must first complete training offered and required by the commission on the creation and continued operation of a new agency before applying to create a new law enforcement agency. This training consists of:

(1) an introduction to the new agency creation process that outlines the objectives, process, and timelines for creating a new agency;

(2) review and completion of the new agency workbook, including the gathering of required information and completion of required worksheets; and

(3) an in-person commission staff working group.

(f) After completing the required training, the entity may then submit the initial application for the creation of a new law enforcement agency by:

(1) submitting the current agency number application form;

(2) demonstrating that the prospective new agency would provide public benefit to the community and has sustainable funding sources; and

(3) outlining the prospective agency plan.

(g) If the executive director denies the initial application, the entity may appeal to the commissioners during a public meeting of the commission. If the commissioners approve the initial application, the entity may submit the final application demonstrating all requirements of subsection (a) of this section have been met.

(h) If the executive director approves the initial application, the entity may submit the final application demonstrating all requirements of subsection (a) of this section have been met.

(i) After submission of the final application, the commission will perform an inspection to confirm that the prospective agency meets the minimum standards for the creation of a law enforcement agency. If the minimum standards are met, a new law enforcement agency will be created.

(j) A denial of the initial or final application may include conditions which must be satisfied before an entity may reapply to create a new law enforcement agency.

(k) A law enforcement agency that no longer meets the minimum standards for the continued operation of an agency may be deactivated. Deactivation of an agency requires the separation of all licensees, including the chief administrator, and the revocation of the authority to appoint licensees.

(l) The governing body of an agency that has been deactivated must continue to maintain records required by the commission as prescribed by law and must report motor vehicle stop data for all years and partial years that elapsed prior to deactivation.

(m) An entity authorized by Local Government Code, §361.022 to operate a correctional facility to house inmates, in this state, convicted of offenses committed against the laws of another state of the United States, and appoint jailers requiring licensure by the commission, may make application for an agency number by submitting the current agency number application form, any associated application fee, and a certified copy of the contract under which the facility will operate.

(n) A political subdivision wanting to establish a consolidated emergency telecommunications center and appoint telecommunicators, as required by Texas Occupations Code, §1701.405, may make application for an agency number by submitting the current agency number application form, any associated application fee and a certified copy of the consolidation contract.

(o) The Texas Department of Criminal Justice - Pardon and Parole Division, a community supervision and corrections department, or a juvenile probation department may make application for an agency number if seeking firearms training certificates for parole officers, community supervision and corrections officers, or juvenile probation officers by submitting the current agency number application form and any associated application fee.

(p) All law enforcement agencies must complete and submit an annual report due between January 1st and March 1st of each year documenting their continued compliance with the requirements of this rule.

(q) The effective date of this section is January 1, 2027 [~~September 1, 2026~~].

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 October 5, 2026.

TRD-202604231

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

37 TAC §211.29

The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §211.29, Responsibilities of Agency Chief Administrators. This proposed amended rule would prohibit a law enforcement agency from using a person who does not have a law enforcement polygraph certificate to conduct a polygraph examination for a pre-appointment screening or from using a peace officer who does not have a law enforcement polygraph certificate to conduct a polygraph examination for a criminal investigation. This conforms with the requirements in Texas Occupations Code § 1701.318 made by Senate Bill 2180 (89R) and is recommended by the Law Enforcement Polygraph Examinations Advisory Committee.

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 limit or repeal an existing regulation, but does expand an existing regulation by prohibiting a law enforcement agency from using a person who is not a peace officer and who does not have a law enforcement polygraph certificate to conduct a polygraph examination for a pre-appointment screening;

(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.

§211.29. Responsibilities of Agency Chief Administrators.

(a) An agency chief administrator is responsible for making any and all reports and submitting any and all documents required of that agency by the commission.

(b) An individual who is appointed or elected to the position of the chief administrator of a law enforcement agency shall notify the Commission of the date of appointment and title, through a form prescribed by the Commission within 30 days of such appointment.

(c) An agency chief administrator must comply with the appointment and retention requirements under Texas Occupations Code, Chapter 1701.

(d) An agency chief administrator must report to the commission within 30 days, any change in the agency's name, physical location, mailing address, electronic mail address, or telephone number.

(e) An agency chief administrator must report, in a standard format, incident-based data compiled in accordance with Texas Occupations Code §1701.164.

(f) For purposes of this subsection, an active shooter incident is an incident involving one or more individuals actively engaged in killing or attempting to kill people in a populated area. Following a response to an active shooter incident at a primary or secondary school facility by any member of a law enforcement agency, the agency chief administrator must submit to the commission on a form prescribed by the commission:

(1) a preliminary report on an evaluation of the agency's response to the incident within 45 days of the incident, or as soon as practicable thereafter; and

(2) a final report on an evaluation of the agency's response to the incident within 90 days of the incident, or as soon as practicable thereafter.

(g) Line of duty deaths shall be reported to the commission in current peace officers' memorial reporting formats.

(h) An agency chief administrator must report to the commission on a form prescribed by the commission within seven days of discovery by any member of the agency that one of the following does not currently meet or did not meet the minimum standards for enrollment or initial licensure at the time of application, enrollment, or appointment:

(1) a licensee applying for enrollment or appointment with the agency;

(2) a person enrolled in the agency's academy;

(3) a person enrolled in any academy and sponsored by the agency; or

(4) a licensee appointed with the agency.

(i) An agency chief administrator has an obligation to determine that all appointees are able to safely and effectively perform the essential job functions. An agency chief administrator may require a fit for duty review upon identifying factors that indicate an appointee may no longer be able to perform job-related functions safely and effectively. These factors should be based on objective evidence and a reasonable basis that the cause may be attributable to a medical or psychological condition or impairment.

(j) An agency chief administrator shall notify the commission of any failed medical (L-2) or psychological (L-3) examination within 30 days on a form prescribed by the commission. An agency chief administrator shall notify the commission upon a final determination of a failed fit-for-duty examination (FFDE) or drug screen within 30 days on a form prescribed by the commission.

(k) An agency must provide training on employment issues identified in Texas Occupations Code §1701.402 and field training. If successfully completed, the agency must report these trainings to the commission within 30 days.

(l) An agency must provide continuing education training required in Texas Occupations Code §1701.351 and §1701.352.

(m) Before an agency appoints any licensee to a position requiring a commission license it shall complete the reporting requirements of Texas Occupations Code §1701.451.

(n) An agency appointing a person who does not hold a commission license must file an application for the appropriate license with the commission.

(o) An agency must notify the commission electronically following the requirements of Texas Occupations Code §1701.452, when a person under appointment with that agency resigns or is terminated.

(p) An agency chief administrator must comply with orders from the commission regarding the correction of a report of resignation/termination or request a hearing from SOAH.

(q) An agency chief administrator must:

(1) at the time the agency becomes aware of an allegation of misconduct, as defined in the model policy required by Texas Occupations Code § 1701.4522(a)(1), that may result in suspension, demotion, or termination, initiate an appropriate administrative or criminal investigation into alleged misconduct of a licensee who was appointed by the law enforcement agency at the time the alleged misconduct occurred;

(2) ensure completion of the investigation into alleged misconduct in a timely manner consistent with the law enforcement agency's policies even if the licensee has separated from the law enforcement agency;

(3) submit a report of a completed investigation into alleged criminal misconduct for which criminal charges are filed against a licensee to the commission within 30 days after the investigation is completed on a form prescribed by the commission;

(4) submit a report of a completed investigation into alleged administrative misconduct to the commission in a timely manner, but not later than 30 days after the licensee's separation from the law enforcement agency, on a form prescribed by the commission;

(5) if the investigative findings or disciplinary action taken are appealed, notify the commission that the matter is under appeal and notify the commission of the disposition of an appeal within 30 days after receipt of the decision; and

(6) include documentation of the completed investigation in the licensee's personnel or department file, as appropriate.

(r) An agency chief administrator must:

(1) maintain a personnel file and department file for each licensee appointed with the law enforcement agency;

(2) submit to the commission a complete copy of the personnel file of a licensee within 30 days after separation of the licensee from the law enforcement agency in a manner prescribed by the commission; and

(3) submit to the commission a complete copy of the personnel file and department file of a licensee upon request as part of an ongoing investigation relating to the licensee.

(s) An agency chief administrator may not allow a person who does not hold a law enforcement polygraph certificate to conduct a pre-appointment polygraph examination of a candidate applying for a position that requires a commission license. An agency chief administrator may not allow a peace officer who does not hold a law enforcement polygraph certificate to conduct polygraph examinations for a criminal investigation done by the agency.

(t) [~~(s)~~] Except in the case of a commission error, an agency that wishes to report a change to any information within commission files about a licensee shall do so in a request to the commission, containing:

(1) the licensees name, date of birth, last four digits of the social security number, or PID;

(2) the requested change; and

(3) the reason for the change.

(u) [~~(t)~~] An agency chief administrator may not appoint an applicant subject to pending administrative action based on:

(1) enrollment or licensure ineligibility; or

(2) statutory suspension or revocation.

(v) [~~(u)~~] The effective date of this section is January 1, 2027 [~~September 1, 2026~~].

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 October 5, 2026.

TRD-202604232

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION

37 TAC §217.1

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 is part of the proposed reorganization and clarification of Chapter 217, concerning Enrollment, Licensing, Appointment, and Separation. It would remove outdated enrollment, licensing, and appointment language, would move enrollment and appointment processes to other relevant rules, and would clarify the language of this rule. The proposed new rule would also incorporate current Commission practices, including the requirement of the supplemental peace officer course and any other required training for out-of-state reciprocity. Some of these proposed changes were recommended by the Texas Regulatory Efficiency Office within the Office of the Governor.

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 reorganizing and clarifying Chapter 217 for ease of understanding. There will be no anticipated economic costs to persons required to comply with the proposed rule.

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 amended rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.1524, Rules Relating to Consequences of Criminal Conviction or Deferred Adjudication, Texas Occupations Code §1701.251, Training Programs; Instructors, and Texas Occupations Code §1701.253, School Curriculum. 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 competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.1524 requires the Commission to adopt rules listing offenses for which a conviction or deferred adjudication would constitute grounds to take Commission action. Texas Occupations Code §1701.251 requires the Commission to establish and maintain training programs for the licensure of officers, county jailers, and telecommunicators. Texas Occupations Code §1701.253 requires the Commission to establish minimum curriculum requirements for training programs.

The amended rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.1524, Rules Relating to Consequences of Criminal Conviction or Deferred Adjudication, Texas Occupations Code §1701.251, Training Programs; Instructors, and Texas Occupations Code §1701.253, School Curriculum. 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.]

(a) [~~(b)~~] The commission shall issue a license to a person [~~an applicant~~] who meets the following minimum standards for enrollment and initial licensure:

(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;]~~

(3) [~~(4)~~] has never been convicted of or placed 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~~];

(4) has not been convicted of or placed on court-ordered community supervision or probation for 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;]~~

(6) [~~(7)~~] has never been convicted of or placed on court-ordered community supervision or probation in any court of an offense involving family violence [~~as defined under Chapter 71, Texas Family Code~~];

(7) [~~(8)~~] for peace officers, is not prohibited by state or federal law from operating a motor vehicle;

(8) [~~(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.]

(9) [~~(11)~~] on a form and in the manner prescribed by the commission, has been declared by a physician, who is licensed by the Texas Medical Board and selected by the enrolling entity or sponsoring law enforcement agency, to: [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) be physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought; and

(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;]

(10) [~~(12)~~] on a form and in the manner prescribed by the Commission, has been declared by a psychologist, who is licensed by the Texas State Board of Examiners of Psychologists and selected by the enrolling entity or sponsoring law enforcement agency, or a psychiatrist, who is licensed by the Texas Medical Board and selected by the enrolling entity or sponsoring law enforcement agency, to be in satisfactory psychological and emotional health to serve as the type of licensee for the license sought; [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;]

(11) [~~(13)~~] has never received a dishonorable discharge from the armed forces of the United States;

(12) [~~(14)~~] has not had a commission or out-of-state license denied by final order or revoked;

(13) [~~(15)~~] does not currently have a commission or out-of-state license suspended or surrendered [~~is not currently on suspension, or does not have a surrender of license currently in effect~~];

(14) [~~(16)~~] for initial licensure, has met [~~meets~~] the minimum training standards and passed [~~passes~~] the commission licensing examination for the [~~each~~] license sought; and

(15) [~~(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.

(b) [~~(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 another penal provision of Texas law or a penal provision of any other state, federal, military, or foreign jurisdiction. A classification of an offense as a felony at the time of conviction or placement on community supervision or probation will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.[:]

~~[(1) another penal provision of Texas law; or]~~

~~[(2) a penal provision of any other state, federal, military, or foreign jurisdiction.]~~

(c) [~~(d)~~] For the purposes of this section, "closest equivalent" means the higher grade of offense after determining either: [~~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.~~]

(1) the offenses under comparison are substantially similar because of a high degree of likeness between their elements; or

(2) the potential, not actual, punishment attached under foreign or out-of-state law would be equal or greater than the potential punishment for a disqualifying offense under Texas law.

(d) [~~(e)~~] The minimum training standards and examination requirement that a person must meet are [~~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 [~~course(s)~~];

(B) a commission-recognized [~~commission recognized~~], POST-developed [~~POST developed~~], basic law enforcement training course, to include:

(i) out-of-state [~~out of state~~] licensure or certification; [~~and~~]

(ii) submission of the current eligibility application and fee; and [or]

(iii) within 180 days of the approval of the eligibility application, completion of a supplemental peace officer course and any other training required by the commission; or

(C) a commission-approved [~~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 [~~course(s)~~] or training recognized under Texas Occupations Code § 1701.310 [~~§1701.310~~];

~~[(3) training for the public security officer license consists of the current basic peace officer course(s);]~~

(3) [~~(4)~~] [~~training~~] for the telecommunicator license, [~~consists of~~] the current basic telecommunicator licensing course; and

(4) [~~(5)~~] passing any examination required for the license sought while the exam approval remains valid.

(e) [~~(f)~~] On receipt of an application for a provisional license by an applicant who is a military service member, military veteran, or military spouse, the commission shall promptly issue a provisional license, consistent with Texas Occupations Code § 55.004.

(1) The applicant must:

(A) hold a current license issued by another state that is similar in scope of practice to the license applied for in this state and is in good standing with the other state's licensing authority; or

(B) within the five years preceding the application date have held the license in this state.

(2) A provisional license may not be reissued and expires on the earliest of:

(A) the date the commission issues a license to the provisional license holder;

(B) the date the applicant is determined to not meet the minimum standards for enrollment or initial licensure; or

(f) [~~(g)~~] The commission may issue a provisional license, consistent with Texas Occupations Code § 1701.311 [~~§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.

(g) [~~(h)~~] The commission may issue a temporary jailer license, consistent with Texas Occupations Code § 1701.310 [~~§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.

(h) [~~(i)~~] 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.

(i) [~~(j)~~] 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.

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

(k) [~~(l)~~] The commission may issue a temporary telecommunicator license, consistent with Texas Occupations Code § 1701.405 [~~§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.

(l) [~~(m)~~] A person who has not met all minimum standards is ineligible for a license. A license that has been issued to an ineligible person shall be cancelled or recalled. [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.]

(m) [~~(n)~~] The effective date of this section is January 1, 2027 [~~June 1, 2026~~].

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 October 5, 2026.

TRD-202604233

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

37 TAC §§217.3, 217.5, 217.7, 217.8

The Texas Commission on Law Enforcement (Commission) proposes the repeal of 37 Texas Administrative Code §217.3, Application for License and Initial Report of Appointment, 37 Texas Administrative Code §217.5, Denial and Cancellation, 37 Texas Administrative Code §217.7, Reporting Appointment and Separation of a Licensee, and 37 Texas Administrative Code §217.8, Contesting an Employment Termination Report. These proposed repeals are part of the proposed reorganization and clarification of Chapter 217, concerning Enrollment, Licensing, Appointment, and Separation. It would remove outdated enrollment, licensing, and appointment language, would move enrollment and appointment processes to their own respective rules, and would clarify the language of this chapter. Updated new rules will be proposed simultaneously to replace §217.3, Application for License and Initial Report of Appointment, §217.5, Denial and Cancellation, and §217.7, Reporting Appointment and Separation of a Licensee. However, §217.8, Contesting an Employment Termination Report, will not be replaced because Senate Bill 1445 (88R) removed the discharge designations and the authority to contest the contents of a report of separation, effective March 1, 2024, making this rule obsolete.

Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years these proposed repealed rules will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed repeals.

Mr. Beauchamp has determined that for each year of the first five years these proposed repealed rules will be in effect, there will be a positive benefit to the public by reorganizing and clarifying Chapter 217 for ease of understanding. There will be no anticipated economic costs to persons required to comply with the proposed repeals.

Mr. Beauchamp has determined that for each year of the first five years these proposed repealed rules will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed repeals.

Mr. Beauchamp has determined that for each year of the first five years these proposed repealed rules will be in effect, there will be no effects to a local economy as a result of implementing the proposed repeals.

Mr. Beauchamp has determined the following:

(1) the proposed repeals do not create or eliminate a government program;

(2) implementation of the proposed repeals does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeals does not require an increase or decrease in future legislative appropriations to the agency;

(4) the proposed repeals do not require an increase or decrease in fees paid to the agency;

(5) the proposed repeals do not create a new regulation;

(6) the proposed repeals do not expand or limit an existing regulation, but do repeal outdated Commission processes relating to applying for a license or contesting a report of separation;

(7) the proposed repeals do not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeals do not positively or adversely affect this state's economy.

The Commission is requesting comments regarding the proposed repealed rules and information related to the cost, benefit, or effect of the proposed repealed rules, including any applicable data, research, or analysis, from any person required to comply with the proposed repealed rules 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 repealed rules are 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.

The repealed rules as proposed affect or implement Texas Occupations Code Chapter 1701, Law Enforcement Officers. No other code, article, or statute is affected by this proposal.

§217.3. Application for License and Initial Report of Appointment.

§217.5. Denial and Cancellation.

§217.7. Reporting Appointment and Separation of a Licensee.

§217.8. Contesting an Employment Termination Report.

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 October 5, 2026.

TRD-202604229

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

37 TAC §217.3

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §217.3, Enrollment in a Basic Licensing Course. This proposed new rule is part of the proposed reorganization and clarification of Chapter 217, concerning Enrollment, Licensing, Appointment, and Separation. It would remove outdated enrollment, licensing, and appointment language, would move enrollment and appointment processes to their own respective rules, and would clarify the language of this chapter. This proposed new rule would contain enrollment processes previously codified in §217.1, Minimum Standards for Enrollment and Initial Licensure, §217.7, Reporting Appointment and Separation of a Licensee, and Texas Occupations Code §1701.451, Preemployment Procedure. Some of these proposed changes were recommended by the Texas Regulatory Efficiency Office within the Office of the Governor.

The proposed new rule would also incorporate current Commission practices, including that: (1) an enrolling entity request and review records from each basic licensing course attended by a prospective enrollee; (2) for a medical examination (L-2), an enrolling entity provide all available records relating to a person's prior failed medical examination to the practitioner; (3) for a psychological examination (L-3), an enrolling entity provide a summary of any records relating to a person's prior failure to complete a basic licensing course and all available records relating to a person's prior failed psychological examination to the practitioner; and (4) for an L-3, the required face-to-face interview may be conducted in person or through video.

Mr. John P. Beauchamp, General Counsel, has determined that for each year of the first five years this proposed new rule will be in effect, there will be no foreseeable fiscal implications to state or local governments as a result of enforcing or administering the proposed rule.

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 reorganizing and clarifying Chapter 217 for ease of understanding. There will be no anticipated economic costs to persons required to comply with the proposed rule.

Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be no adverse economic effects to small businesses, microbusinesses, or rural communities as a result of implementing the proposed rule.

Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be no effects to a local economy as a result of implementing the proposed rule.

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 limit or repeal an existing regulation, but does expand an existing regulation by requiring enrolling entities to request and review records from each basic licensing course attended by a prospective enrollee;

(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 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 new rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.306, Psychological and Physical Examination, and Texas Occupations Code §1701.451, Preemployment Procedure. 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 competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.306 requires the Commission to adopt rules relating to the medical and psychological examinations required for a person to obtain a license. Texas Occupations Code §1701.451 requires the Commission to establish procedures for the pre-appointment background investigation of a person.

The new rule as proposed affects or implements Texas Occupations Code Chapter 1701, Law Enforcement Officers. No other code, article, or statute is affected by this proposal.

§217.3. Enrollment in a Basic Licensing Course.

(a) Before a person may enroll in a basic licensing course, the enrolling entity must:

(1) verify that the person meets the minimum standards for enrollment and initial licensure; or

(2) obtain proof from a sponsoring law enforcement agency that verified the person meets the minimum standards for enrollment and initial licensure after conducting and documenting a pre-appointment background investigation.

(b) To verify that a person meets the minimum standards for enrollment and initial licensure, the enrolling entity must:

(1) obtain the person's written consent for the enrolling entity to view the person's records;

(2) obtain a complete, signed, and notarized or digitally certified commission-approved Personal History Statement (PHS); and

(3) conduct and document a pre-enrollment background investigation on the person, to include at a minimum:

(A) reviewing the PHS for eligibility for licensure;

(B) obtaining documentation that the person has been fingerprinted and subjected to a search of local, state, and U.S. national records and fingerprint files to disclose any criminal record and is not disqualified based on criminal records discovered;

(D) for a person who is a military veteran, obtaining the United States Department of Defense Form DD-214 or other military discharge record;

(E) obtaining and reviewing evidence of financial responsibility as required by Texas Transportation Code § 601.051;

(F) obtaining and reviewing information on the person's law enforcement background as available through the national decertification index (NDI);

(G) obtaining proof of United States citizenship or, 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, proof of legal permanent residence and proof that the person has applied for United States citizenship;

(H) obtaining proof of meeting the minimum educational requirements for licensure;

(I) obtaining a valid Licensee Medical Condition Declaration (L-2) for the person; and

(J) obtaining a valid Licensee Psychological and Emotional Health Declaration (L-3) for the person.

(1) the enrolling entity must select a physician licensed by the Texas Medical Board to conduct a medical examination of the person;

(2) the enrolling entity shall provide the physician with a job description for the type of license sought and all available records relating to any medical examinations previously failed by the person;

(3) the physician must be familiar with the duties appropriate to the type of license sought; and

(4) the physician must examine the person and declare within 180 days of enrollment that the person:

(A) is physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought; and

(B) shows no trace of drug dependency or illegal drug use after a blood test or other medical test.

(d) To obtain a valid L-3:

(1) the enrolling entity must select one of the following practitioners to conduct a psychological examination of the person:

(A) a psychologist licensed by the Texas State Board of Examiners of Psychologists;

(B) a psychiatrist licensed by the Texas Medical Board;

(C) under exceptional circumstances and with prior written approval from the commission, a physician licensed by the Texas Medical Board; or

(D) under exceptional circumstances and with prior written approval from the commission, a qualified person identified by Texas Occupations Code § 501.004;

(2) the enrolling entity shall provide the practitioner with a job description for the type of license sought, the person's PHS, a summary of any records relating to the person's prior failure to complete a basic licensing course, and all available records relating to any psychological examinations previously failed by the person;

(3) the practitioner must be familiar with the duties appropriate to the type of license sought;

(4) the examination must:

(A) consist of at least two instruments, one which measures personality traits and one which measures psychopathology;

(B) consist of a face-to-face interview, either in person or through video, conducted after the instruments have been scored; and

(5) the practitioner must examine the person and declare within 180 days of enrollment that the person is in satisfactory psychological and emotional health to serve as the type of licensee for the license sought.

(e) A law enforcement agency or enrolling entity that is given a signed consent form shall make the person's records available to a prospective enrolling entity.

(f) When a person separates from an enrolling entity, within 30 days of the separation, the enrolling entity shall report the separation to the commission.

(g) An enrolling entity must retain records obtained or created under this section while the person is enrolled and for a minimum of five years after the person's separation from the enrolling entity or completion of the basic licensing course. The records must be maintained under the control of the training coordinator or designee in a physical or electronic format readily accessible to the commission and any prospective enrolling entity or prospective appointing law enforcement agency.

(h) The effective date of this section is January 1, 2027.

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 October 5, 2026.

TRD-202604234

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

37 TAC §217.5

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §217.5, Reporting Appointment and Separation of a Licensee. This proposed new rule is part of the proposed reorganization and clarification of Chapter 217, concerning Enrollment, Licensing, Appointment, and Separation. It would remove outdated enrollment, licensing, and appointment language, would move enrollment and appointment processes to their own respective rules, and would clarify the language of this chapter. This proposed new rule would contain appointment and separation processes previously codified in §217.1, Minimum Standards for Enrollment and Initial Licensure, §217.7, Reporting Appointment and Separation of a Licensee, Texas Occupations Code §1701.303, License Application; Duties of Appointing Entity, and Texas Occupations Code §1701.451, Preemployment Procedure. Some of these proposed changes were recommended by the Texas Regulatory Efficiency Office within the Office of the Governor.

The proposed new rule would also incorporate current Commission practices, including that: (1) for a medical examination (L-2), an appointing entity provide all available records relating to a person's prior failed medical examination to the practitioner; (2) for a psychological examination (L-3), an appointing entity provide all available records relating to a person's prior failed psychological examination to the practitioner; (3) for an L-3, the required face-to-face interview may be conducted in person or through video; and (4) an appointing entity may not appoint a person with an unresolved failed medical or psychological examination.

New requirements in the proposed new rule would include: (1) a prohibition on a person from performing any of the appointment or separation requirements for their own appointment or separation to reduce conflicts of interest, the appearance of impropriety, or unethical actions; (2) a streamlined process for the appointment of a constitutionally elected official which only requires verification that the person meets the minimum standards for initial licensure to dispose of the investigation of suitability concerns made unnecessary by their election; and (3) an appointing agency obtaining approval of an appointment before allowing the person to act under the authority of a Commission license to prevent the person from performing regulated activity without proper authority.

Mr. Beauchamp has determined the following:

(1) the proposed rule does not create or eliminate a government program;

(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;

(4) the proposed rule does not require an increase or decrease in fees paid to the agency;

(5) the proposed rule does create a new regulation by prohibiting a person from performing their own appointment or separation requirements;

(6) the proposed rule does not repeal an existing regulation, but does expand an existing regulation by requiring an appointing agency to obtain approval of an appointment before allowing the person to act under the authority of a Commission license, and does limit an existing regulation by streamlining the process for the appointment of a constitutionally elected official;

(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 new rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, Texas Occupations Code §1701.303, License Application; Duties of Appointing Entity, Texas Occupations Code §1701.306, Psychological and Physical Examination, Texas Occupations Code §1701.451, Preemployment Procedure, and Texas Occupations Code §1701.452, Employment Termination Report. 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 competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.303 requires a law enforcement agency to review certain information in the possession of the Commission as part of a pre-appointment background investigation of a person. Texas Occupations Code §1701.306 requires the Commission to adopt rules relating to the medical and psychological examinations required for a person to obtain a license. Texas Occupations Code §1701.451 requires the Commission to establish procedures for the pre-appointment background investigation of a person. Texas Occupations Code §1701.452 establishes the reporting requirements for a person's separation from an appointment.

The new rule as proposed affects or implements Texas Occupations Code Chapter 1701, Law Enforcement Officers. No other code, article, or statute is affected by this proposal.

§217.5. Reporting Appointment and Separation of a Licensee.

(a) A person who is the subject of an appointment or a separation shall not perform any of the appointment or separation requirements in this section for themselves.

(b) Before a law enforcement agency may appoint a person licensed as a peace officer, county jailer, or telecommunicator, except a constitutionally elected official, the agency chief administrator or designee must:

(1) obtain the person's written consent for the agency to view the person's records;

(2) obtain a complete, signed, and notarized or digitally certified commission-approved Personal History Statement (PHS);

(3) conduct and document a pre-appointment background investigation on the person, to include at a minimum:

(A) obtaining the F5R History and Employment Verification (F5R) and Personal Status Report (PSR) from the commission;

(B) reviewing the PHS for eligibility for licensure and appointment and suitability for appointment

(C) having the person fingerprinted and subjected to a search of local, state, and U.S. national records and fingerprint files to disclose any criminal record or pending warrants;

(D) obtaining and reviewing offense reports and criminal court records for any arrests or criminal cases discovered;

(E) requesting and reviewing records from the commission maintained in the commission service records and confidential statewide employment database;

(F) requesting and reviewing records from each basic licensing course attended, regardless of completion;

(G) requesting and reviewing records from each previous appointing agency, to include at a minimum the personnel file, department file, TCOLE credentialing file, appointment application, and other appointment or employment records;

(H) for a person who is a military veteran, obtaining the United States Department of Defense Form DD-214 or other military discharge record;

(I) obtaining and reviewing evidence of financial responsibility as required by Texas Transportation Code § 601.051;

(J) obtaining and reviewing a driving record from the Texas Department of Public Safety;

(K) obtaining and reviewing information on the person's law enforcement background as available through the national decertification index (NDI);

(L) obtaining and reviewing information on the person's background from at least three personal references and at least two professional references;

(M) obtaining proof of United States citizenship or, 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, proof of legal permanent residence and proof that the person has applied for United States citizenship;

(N) obtaining proof of meeting the minimum educational requirements for licensure;

(O) for a first appointment or an appointment more than 180 days after a licensee's last appointment, obtaining a valid Licensee Medical Condition Declaration (L-2) for the person;

(P) for a first appointment or an appointment more than 180 days after a licensee's last appointment, obtaining a valid Licensee Psychological and Emotional Health Declaration (L-3) for the person; and

(Q) for a peace officer, obtaining proof of valid annual firearms proficiency;

(4) verify that the person meets the minimum standards for initial licensure;

(5) complete the F5R;

(6) prepare a summary that documents the findings of the background investigation;

(7) submit to the commission a completed Background Confirmation Form (BCF) certifying that all pre-appointment procedures required by Occupations Code § 1701.451 have been completed; and

(8) submit to the commission a completed Appointment Application (L-1) or Telecommunicator Appointment (L1-T).

(c) Before a law enforcement agency may appoint a constitutionally elected official as sheriff or constable, the agency must:

(1) verify that the person meets the minimum standards for initial licensure by:

(A) having the person fingerprinted and subjected to a search of local, state, and U.S. national records and fingerprint files to disclose any criminal record or pending warrants;

(B) obtaining and reviewing offense reports and criminal court records for any arrests or criminal cases discovered;

(C) for a person who is a military veteran, obtaining the United States Department of Defense Form DD-214 or other military discharge record;

(D) obtaining and reviewing information on the person's law enforcement background as available through the national decertification index (NDI);

(E) obtaining proof of United States citizenship or, 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, proof of legal permanent residence and proof that the person has applied for United States citizenship;

(F) obtaining proof of meeting the minimum educational requirements for licensure;

(G) for a first appointment or an appointment more than 180 days after a licensee's last appointment, obtaining a valid L-2 for the person; and

(H) for a first appointment or an appointment more than 180 days after a licensee's last appointment, obtaining a valid L-3 for the person; and

(2) submit to the commission a completed Appointment Application (L-1).

(d) To obtain a valid L-2:

(1) the agency must select a physician licensed by the Texas Medical Board to conduct a medical examination of the person;

(2) the agency shall provide the physician with a job description for the type of appointment sought and all available records relating to any medical examinations previously failed by the person;

(3) the physician must be familiar with the duties appropriate to the type of appointment sought; and

(4) the physician must examine the person and declare within 180 days of appointment that the person:

(A) is physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of appointment sought; and

(B) shows no trace of drug dependency or illegal drug use after a blood test or other medical test.

(e) To obtain a valid L-3:

(1) the agency must select one of the following practitioners to conduct a psychological examination of the person:

(A) a psychologist licensed by the Texas State Board of Examiners of Psychologists;

(B) a psychiatrist licensed by the Texas Medical Board;

(C) under exceptional circumstances and with prior written approval from the commission, a physician licensed by the Texas Medical Board; or

(D) under exceptional circumstances and with prior written approval from the commission, a qualified person identified by Texas Occupations Code § 501.004;

(2) the agency shall provide the practitioner with a job description for the type of appointment sought, the person's PHS, a summary of the background investigation, and all available records relating to any psychological examinations previously failed by the person;

(3) the practitioner must be familiar with the duties appropriate to the type of appointment sought;

(4) the examination must:

(A) consist of at least two instruments, one which measures personality traits and one which measures psychopathology;

(B) consist of a face-to-face interview, either in person or through video, conducted after the instruments have been scored; and

(5) the practitioner must examine the person and declare within 180 days of appointment that the person is in satisfactory psychological and emotional health to serve as the type of licensee for the appointment sought.

(f) For a first appointment, an agency may also obtain a valid L-2 or L-3 that the person used for enrollment in a basic licensing course for the license type corresponding to the appointment if the appointment occurs within 180 days from completion of the basic licensing course.

(g) If a person fails any L-2, L-3, medical fitness-for-duty examination (FFDE), or psychological FFDE, an agency may not appoint that person until another valid L-2 or L-3 is obtained, as applicable.

(h) The agency must obtain approval of the appointment from the commission before allowing the person to act under the authority of the license.

(i) A law enforcement agency or enrolling entity that is given a signed consent form shall make the person's records available to a prospective appointing law enforcement agency as authorized by Texas Occupations Code § 1701.451.

(j) When a licensee separates from an agency, within seven business days of the separation or exhaustion of all available administrative appeals, the agency shall:

(1) submit a Separation of Licensee (F-5) report to the commission; and

(2) provide a copy of the F-5 report to the licensee by hand delivery or by certified mail to the last known address of the licensee.

(k) An agency must retain records obtained or created under this section while the person is appointed and for a minimum of five years after the licensee's separation date with that agency. The records must be maintained under the control of the agency chief administrator or designee in a physical or electronic format readily accessible to the commission and any prospective appointing law enforcement agency.

(l) The effective date of this section is January 1, 2027.

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 October 5, 2026.

TRD-202604236

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

37 TAC §217.7

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §217.7, Reporting of Enrollment, Licensure, and Appointment. This proposed new rule is part of the proposed reorganization and clarification of Chapter 217, concerning Enrollment, Licensing, Appointment, and Separation. It would remove outdated enrollment, licensing, and appointment language, would move enrollment and appointment processes to their own respective rules, and would clarify the language of this chapter. This proposed new rule would contain the rule provisions previously codified in §217.5, Denial and Cancellation, with edits to remove references to the outdated application process and to clean up the rule's language.

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 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 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 Chapter 1701, Law Enforcement Officers. No other code, article, or statute is affected by this proposal.

§217.7. Reporting of Enrollment, Licensure, and Appointment.

(a) The commission may deny any license and may refuse to accept a report of appointment if the:

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

(2) person has not affixed any required signature;

(3) required forms or documentation are incomplete, illegible, or are not attached;

(4) report is not submitted or signed by a chief administrator, or designee with authority to appoint the person to the position reported;

(5) report is not submitted by the appointing agency or entity;

(6) agency reports the person in a capacity that does not require the license sought;

(7) agency fails to provide documentation, if requested, of the agency's creation or authority to appoint persons in the capacity of the license sought or the agency is without such authority;

(8) report contains a false assertion by any person; or

(9) person is subject to pending administrative action against a commission-issued license.

(b) An agency chief administrator or school district may not appoint a person subject to pending administrative action based on:

(1) enrollment or licensure ineligibility; or

(2) statutory suspension or revocation.

(c) If a license is subject to denial under subsection (a) of this section, any license issued to the person by the commission is subject to cancellation.

(d) Any such document may expire or be cancelled, surrendered, suspended, revoked, deactivated, or otherwise invalidated. Mere possession of the physical document does not necessarily mean that the person:

(1) currently holds, has ever held, or has any of the powers of the office indicated on the document; or

(2) still holds an active, valid license or certificate.

(e) The effective date of this section is January 1, 2027.

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 October 5, 2026.

TRD-202604237

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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

CHAPTER 221. PROFICIENCY CERTIFICATES

37 TAC §221.51

The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §221.51, Law Enforcement Polygraph Certificate. This proposed new rule would establish a certificate to conduct certain polygraph examinations for law enforcement purposes. Specifically, the certificate would be required for a peace officer to conduct a polygraph examination for pre-appointment screening or criminal investigation purposes. It would also be required for any person to conduct a polygraph examination for pre-appointment screening purposes. This conforms with the requirements in Texas Occupations Code § 1701.318 made by Senate Bill 2180 (89R) and is recommended by the Law Enforcement Polygraph Examinations Advisory Committee. The proposed new rule would require completion of a polygraph training program to obtain the certificate and continuing education to maintain the certificate.

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 Occupations Code §1701.318. There will be anticipated economic costs to persons required to comply with the proposed rule to include a Commission application fee and training and continuing education fees from outside training entities.

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 require an increase in fees paid to the agency for an individual to obtain the law enforcement polygraph certificate;

(5) the proposed rule does not create a new regulation;

(6) the proposed rule does not limit or repeal an existing regulation, but does expand an existing regulation by requiring certification of individuals who are not peace officers to conduct pre-appointment polygraph examinations;

(7) the proposed rule does increase the number of individuals subject to the rule's applicability by requiring certification of individuals who are not peace officers to conduct pre-appointment polygraph examinations; and

(8) the proposed rule does not positively or adversely affect this state's economy.

The new rule is proposed pursuant to Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.318, Certification Required for Peace Officers to Conduct Polygraph Examinations. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701. Texas Occupations Code §1701.318 requires the Commission to adopt rules prohibiting a peace officer from conducting certain polygraph examinations unless they have completed Commission-approved training and allows the Commission to establish minimum requirements for the training, testing, and certification of peace officers to conduct certain polygraph examinations.

The new rule as proposed affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.318, Certification Required for Peace Officers to Conduct Polygraph Examinations. No other code, article, or statute is affected by this proposal.

§221.51. Law Enforcement Polygraph Certificate.

(a) To qualify for a law enforcement polygraph certificate, an applicant must:

(1) meet initial training and examination requirements by:

(A) successful completion of a current polygraph training program provided by a polygraph school that is accredited by the American Polygraph Association (APA) or is recognized by the American Association of Police Polygraphists (AAPP); or

(B) current membership with the APA or AAPP on January 1, 2027, and previous successful completion of a polygraph training program provided by a polygraph school that was accredited by the APA or was recognized by the AAPP; and

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

(b) To keep the certificate valid, the holder must complete 30 hours of commission-approved polygraph continuing education every two-year training unit to include 16 hours of continuing education obtained through attendance at a commission-approved polygraph conference.

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

(d) A person who is a peace officer is required to hold a valid law enforcement polygraph certificate to conduct polygraph examinations for:

(1) a pre-appointment examination of a candidate applying for a position that requires a commission license; or

(2) a criminal investigation.

(e) A person, regardless of their status as a peace officer, is required to hold a valid law enforcement polygraph certificate to conduct polygraph examinations for a pre-appointment examination of a candidate applying for a position that requires a commission license.

(f) A certificate holder should adhere to the relevant ethics, policies, and standards of practice currently prescribed by the APA or AAPP when conducting a polygraph examination that requires a certificate.

(g) The effective date of this section is January 1, 2027.

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 October 5, 2026.

TRD-202604230

Gregory Stevens

Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 15, 2026

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