Ch. 4 T-Cole Rules Overview

Question 1

What is the mission of TCOLE?

Answer 1

The mission as a regulatory state agency, is to establish and enforce standards to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel.

Question 2

TCOLE is a state agency created by this act?

Answer 2

59th legislature-senate bill (SB) 236

Question 3

When did TCOLE become effective?

Answer 3

August 30, 1965

Question 4

How are the TCOLE rules organized?

Answer 4

Ch.211 Administration

Ch.215 training and education providers

Ch. 217 enrollment, licensing, appointment, and separation

Ch. 218 continuing education

Ch. 219 pre licensing, reactivation, tests, and endorsements

Ch.221 proficiency certificates

Ch. 223 enforcement

Ch. 225 specialized licenses

Ch. 227 school Marshals

Ch. 229 Texas peace officers memorial monument

Question 5

(a) In order for an individual to enroll in any basic licensing course the provider must have on file documentation, acceptable to the Commission, that the individual meets eligibility for licensure.
(b) The commission shall issue a license to an applicant who meets the following standards:
(1) minimum age requirement:
(A) for peace officers and public security officers, is 21 years of age; or 18 years of age if the applicant has received:
(i) an associate’s degree; or 60 semester hours of credit from an accredited college or university; or
(ii) has received an honorable discharge from the armed forces of the United States after at least two years of active service;
(B) for jailers and telecommunicators is 18 years of age;
(2) minimum educational requirements:
(A) has passed a general educational development (GED) test indicating high school graduation level;
(B) holds a high school diploma; or
(C) for enrollment purposes in a basic peace officer academy only, has an honorable discharge from the armed forces of the United States after at least 24 months of active duty service.
(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record;
(4) has never been on court-ordered community supervision or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;
(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;
(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;
(7) has never been convicted or placed on community supervision in any court of an offense involving family violence as defined under Chapter 71, Texas Family Code;
(8) for peace officers, is not prohibited by state or federal law from operating a motor vehicle;
(9) for peace officers, is not prohibited by state or federal law from possessing firearms or ammunition;
(10) has been subjected to a background investigation completed by the enrolling or appointing entity into the applicant’s personal history. A background investigation shall include, at a minimum, the following:
(A) An enrolling entity shall:
(i) require completion of the Commission-approved personal history statement; and
(ii) verify that the applicant meets each individual requirement for licensure under this rule based on the personal history statement and any other information known to the enrolling entity; and
(iii) contact all previous enrolling entities.
(B) In addition to subparagraph (A) of this paragraph, a law enforcement agency or law enforcement agency academy shall:
(i) require completion of the Commission-approved personal history statement; and
(ii) meet all requirements enacted in Occupations Code 1701.451, including submission to the Commission of a form confirming all requirements have been met. An in-person review of personnel records is acceptable in lieu of making the personnel records available electronically if a hiring agency and a previous employing law enforcement agency mutually agree to the in-person review.
(11) examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the agency to be:
(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought;
(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test; and
(C) for the purpose of meeting the requirements for initial licensure, an individual’s satisfactory medical exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual’s date of graduation from that academy, if accepted by the appointing agency;
(12) examined by a psychologist, selected by the appointing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for the position sought; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face to face interview conducted after the instruments have been scored. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the agency;
(A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; or
(B) the examination may be conducted by qualified persons identified by Texas Occupations Code § 501.004. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; and
(C) for the purpose of meeting the requirements for initial licensure, an individual’s satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual’s date of graduation from that academy, if accepted by the appointing agency;
(13) has never received a dishonorable discharge from the armed forces of the United States;
(14) has not had a commission license denied by final order or revoked;
(15) is not currently on suspension, or does not have a surrender of license currently in effect;
(16) meets the minimum training standards and passes the commission licensing examination for each license sought;
(17) is a U.S. citizen.
(c) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:
(1) another penal provision of Texas law; or
(2) a penal provision of any other state, federal, military or foreign jurisdiction.
(d) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.
(e) A person must meet the training and examination requirements:
(1) training for the peace officer license consists of:
(A) the current basic peace officer course(s);
(B) a commission recognized, POST developed, basic law enforcement training course, to include:
(i) out of state licensure or certification; and
(ii) submission of the current eligibility application and fee; or
(C) a commission approved academic alternative program, taken through a licensed academic alternative provider and at least an associate’s degree.
(2) training for the jailer license consists of the current basic county corrections course(s) or training recognized under Texas Occupations Code §1701.310;
(3) training for the public security officer license consists of the current basic peace officer course(s);
(4) training for telecommunicator license consists of telecommunicator course; and
(5) passing any examination required for the license sought while the exam approval remains valid.
(f) The commission may issue a provisional license, consistent with Texas Occupations Code §1701.311, to an agency for a person to be appointed by that agency. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a provisional license. A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor transferred by the agency to another applicant. A provisional license may not be reissued and expires:
(1) 12 months from the original appointment date;
(2) on leaving the appointing agency; or
(3) on failure to comply with the terms stipulated in the provisional license approval.
(g) The commission may issue a temporary jailer license, consistent with Texas Occupations Code §1701.310. A jailer appointed on a temporary basis shall be enrolled in a basic jailer licensing course on or before the 90th day after their temporary appointment. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary jailer license. A temporary jailer license may not be renewed and expires:
(1) 12 months from the original appointment date; or
(2) on completion of training and passing of the jailer licensing examination.
(h) The commission may issue a temporary telecommunicator license, consistent with Texas Occupations Code §1701.405. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary telecommunicator license. A temporary telecommunicator license expires:
(1) 12 months from the original appointment date; or
(2) on completion of training and passing of the telecommunicator licensing examination. On expiration of a temporary license, a person is not eligible for a new temporary telecommunicator license for one year.
(i) 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.
(j) The effective date of this section is June 1, 2022

Answer 5

217.1 Minimum standards for enrollment and initial licensure

Question 6

(a) An agency appointing an individual who does not hold a commission license must file an application for the appropriate license with the commission. The application must be approved with a license issuance date before the individual is appointed or commissioned. The application must be completed, signed, and filed with the commission by the agency’s chief administrator or designee.
(b) An application for a license or initial report of appointment must be submitted in an application format currently accepted by the commission.
(c) An agency that files an application for licensing must keep on file and in a format readily accessible to the commission a copy of the documentation necessary to show each licensee appointed by that agency met the minimum standards for licensing, including weapons proficiency for peace officers.
(d) An agency must retain records required under subsection (c) of this section for a minimum of five years after the licensee’s termination date with that agency. The records must be maintained in a format readily accessible to the commission.
(e) An agency failing to appoint an individual within 30 days after submitting an application must report a termination of employment in the current commission format.
(f) The effective date of this section is January 17, 2013.

Answer 6

217.3 Application for license and initial report of appointment

Question 7

(a) The commission may deny an application for any license and may refuse to accept a report of appointment if the:
(1) applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;
(2) applicant has not affixed any required signature;
(3) required forms or documentation are incomplete, illegible, or are not attached;
(4) application is not submitted or signed by a chief administrator, or designee with authority to appoint the applicant to the position reported;
(5) application is not submitted by the appointing agency or entity;
(6) agency reports the applicant 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; or
(8) application contains a false assertion by any person; or
(9) applicant is subject to pending administrative action against a commission-issued license.
(b) An agency chief administrator or school district may not appoint an applicant subject to pending administrative action based on:
(1) enrollment or licensure ineligibility; or
(2) statutory suspension or revocation.
(c) If an application is found to be incorrect or subject to denial under subsection (a) of this section, any license issued to the applicant 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 February 1, 2014.

Answer 7

217.5 Denial and cancellation

Question 8

(a) Before a law enforcement agency may appoint a person licensed or seeking a license as a peace officer, county jailer, or telecommunicator the agency head or designee must:
(1) obtain the person’s written consent for the agency to view the person’s employment records;
(2) obtain a copy of the Personal Status Report (PSR) maintained by the commission;
(3) obtain a completed, signed, and notarized Personal History Statement (PHS);
(4) obtain a Computerized Criminal History (CCH) from TCIC and NCIC;
(5) obtain proof of eligibility after separation from the military, if applicable;
(6) conduct and document a background investigation;
(7) for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment;
(8) for current licensees, electronically request and obtain the F-5 Return (F5R) from the commission, contact each of the person’s previous law enforcement employers, and document the contact on the F5 return; and
(9) in addition to the requirements listed in this section:
(A) For a licensee with more than 180 days since their last appointment:
(i) obtain a new declaration of psychological and emotional health (L3 Form);
(ii) obtain a new declaration of the lack of any drug dependency or illegal drug use (L2 Form); and
(iii) obtain new proof that the licensee has been fingerprinted and subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record.
(B) For a person’s initial appointment:
(i) obtain proof of meeting educational requirements;
(ii) obtain proof of meeting U.S. citizenship requirements;
(iii) obtain new proof 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;
(iv) obtain a new declaration of psychological and emotional health (L3 Form), if more than 180 days from the graduation of the basic licensing course;
(v) obtain a new declaration of medical eligibility and lack of any drug dependency or illegal drug use (L2 Form), if more than 180 days from the graduation of the basic licensing course; and
(vi) submit an appointment application (L1 Form) and receive an approval of the application before the person discharges any duties related to the license sought.
(10) For current licensees, submit a Statement of Appointment (L1 Form) within 7 days of the appointment.
(b) When a person licensed by the commission separates from an agency, the agency shall, within 7 business days:
(1) submit a Separation report (Form F5) to the commission; and
(2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code section 1701.452.
(c) A law enforcement agency that is given a signed consent form shall make the person’s employment records available to a hiring law enforcement agency as authorized by Texas Occupations Code section 1701.451.
(d) An agency must retain records kept 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 head or designee in a format readily accessible to the commission.
(e) The effective date of this section is February 1, 2020.

Answer 8

217.7 Reporting appointment and separation of licensee

Question 9

What is an L1 form?

Answer 9

Statement of appointment of police officer

Question 10

What is an L2 form?

Answer 10

Declaration of the lack of any drug dependency or illegal drug use.

Question 11

What is the L3 form?

Answer 11

Declaration of psychological and emotional health

Question 12

What is the F5 form?

Answer 12

Separation report

Question 13

Form that must be completed for current licensee employment history when seeking employment from another agency?

Answer 13

F5R

Question 14

What is a sunset commission?

Answer 14

When the statute expires

Question 15

It is each officer’s responsibility to ensure compliance with ___________?

Answer 15

Commission rules

Question 16

(a) A person who is the subject of an employment termination report is entitled to file a petition contesting information included in the employment termination report. The written petition for correction of the report must be filed with the executive director on a form currently prescribed by the commission and a copy must be served on the law enforcement agency.
(b) A petition described in subsection (a) of this section must be received by the executive director not later than the 30th day after the person receives a copy of the report of separation.
(c) Upon receipt of the petition the executive director will refer the dispute to SOAH.
(d) A proceeding conducted pursuant to subsection (c) of this section is a contested case under Chapter 2001, Texas Government Code. The parties to the proceeding shall be the person contesting the employment termination and the chief administrative officer of the law enforcement agency. The Commission is not considered a party in a proceeding conducted by SOAH. The chief administrative officer of the law enforcement agency shall have the burden of proof by a preponderance of the evidence. Following the contested case hearing, the administrative law judge shall issue a final order on the petition.
(e) If the alleged misconduct is not supported by a preponderance of the evidence, the administrative law judge shall order the commission to change the report. The commission shall send the changed report to the law enforcement agency that prepared the original employment termination report. The law enforcement agency shall replace the original employment termination report with the changed report.
(f) Any party to a proceeding described in subsection (d) of this section may file exceptions to the administrative law judge’s final order in accordance with SOAH rules and procedures.
(g) The results of a hearing described in subsection (d) of this section are enforceable by the commission pursuant to Chapter 1701, Texas Occupations Code and Chapter 2001, Texas Government Code.
(h) The results of a hearing described in subsection (d) of this section are appealable in accordance with Chapter 2001, Texas Government Code.
(i) A chief administrative officer of a law enforcement agency who fails to comply with the results of a hearing after all appeals available to the agency have been exhausted is subject to disciplinary action pursuant to Chapter 1701, Texas Occupations Code, and Chapter 223 of this title.
(j) All information submitted under subsection (d) of this section is exempt from disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless the individual resigned or was terminated due to substantiated incidents of excessive force or violations of law other than traffic offenses, and is subject to subpoena only in a judicial proceeding.
(k) The effective date of this section is February 1, 2014

Answer 16

217.8 contesting an employment termination report

Question 17

(a) A continuing education course is any training course that is recognized by the commission, specifically:
(1) legislatively required continuing education curricula and learning objectives developed by the commission;
(2) training in excess of basic licensing course requirements;
(3) training courses consistent with assigned duties; or
(4) training not included in a basic licensing course.
(b) A law enforcement agency submitting continuing education courses under the chief administrator’s approval through a departmental report of training, must have the following on file and readily accessible to the commission:
(1) lesson plans; or
(2) certificate of completion with hours indicated on the certificate;
(3) attendees’ critique of the course that includes:
(A) written evaluation of the instructor; and
(B) an assessment of how this training was applicable to their assigned duties;
(4) number of students attending from the agency;
(5) copy of course outline (if available); and
(6) copy of available handouts.
(c) The commission may refuse credit for:
(1) a course that does not contain a final examination or other skills test, if appropriate, as determined by the training provider;
(2) annual firearms proficiency;
(3) an out-of-state course not approved by that state’s POST;
(4) training that fails to meet any commission established length and published learning objectives;
(5) an instructor claiming credit for a basic licensing course or more than one presentation of a non-licensing course by an instructor, per 24 month unit of a training cycle;
(6) course(s) claimed by deceitful means;
(7) courses provided by the same training provider and taken more than two times within one training unit; or
(8) legislatively mandated or certification courses reported by unlicensed or non-contractual training providers.
(d) The training provider or agency must report to the commission and keep on file in a format readily accessible to the commission, a copy of all continuing education course training reports.
(e) The effective date of this section is February 1, 2014.

Answer 17

218.1 continuing education credit for licensee

Question 18

(a) Each licensee shall complete the legislatively mandated continuing education in this chapter. Each appointing agency shall allow the licensee the opportunity to complete the legislatively mandated continuing education in this chapter. This section does not limit the number or hours of continuing education an agency may provide.
(b) Each training unit (2 years)
(1) Peace officers shall complete at least 40 hours of continuing education, to include the corresponding legislative update for that unit.
(2) Telecommunicators shall complete at least 20 hours of continuing education to include cardiopulmonary resuscitation training.
(c) Each training cycle (4 years)
(1) Peace officers who have not yet reached intermediate proficiency certification shall complete: Cultural Diversity (3939), Special Investigative Topics (3232), Crisis Intervention (3843) and De-escalation (1849).
(2) Individuals licensed as reserve law enforcement officers, jailers, or public security officers shall complete Cultural Diversity (3939), unless the person has completed or is otherwise exempted from legislatively required training under another commission license or certificate.
(d) Assignment specific training
(1) Police chiefs: individuals appointed as “chief” or “police chief” of a police department shall complete:
(A) For an individual appointed to that individual’s first position as chief, the initial training program for new chiefs provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual’s appointment or election as chief; and
(B) At least 40 hours of continuing education for chiefs each 24-month unit, as provided by the Bill Blackwood Law Enforcement Management Institute.
(2) Constables: elected or appointed constables shall complete:
(A) For an individual appointed or elected to that individual’s first position as constable, the initial training program for new constables provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual’s appointment or election as constable.
(B) Each 48 month cycle, at least 40 hours of continuing education for constables, as provided by the Bill Blackwood Law Enforcement Management Institute and a 20 hour course of training in civil process to be provided by a public institution of higher education selected by the Commission.
(3) Deputy constables: each deputy constable shall complete a 20 hour course of training in civil process each training cycle. The commission may waive the requirement for this training if the constable, in the format required by TCOLE, requests exemption due to the deputy constable not engaging in civil process as part of their assigned duties.
(4) New supervisors: each peace officer assigned to their first position as a supervisor must complete new supervisor training within one year prior to or one year after appointment as a supervisor.
(5) School-based Law Enforcement Officers: School district peace officers and school resource officers providing law enforcement services at a school district must obtain a school-based law enforcement proficiency certificate within 180 days of the officer’s commission or placement in the district or campus of the district.
(6) Eyewitness Identification Officers: peace officers performing the function of eyewitness identification must first complete the Eyewitness Identification training (3286).
(7) Courtroom Security Officers/Persons: any person appointed to perform courtroom security functions at any level shall complete the Courtroom Security course (10999) within 1 year of appointment.
(8) Body-Worn Cameras: peace officers and other persons meeting the requirements of Occupations Code 1701.656 must first complete Body-Worn Camera training (8158).
(9) Officers Carrying Epinephrine Auto-injectors: peace officers meeting the requirements of Occupations Code 1701.702 must first complete epinephrine auto-injector training.
(10) Jailer Firearm Certification: jailers carrying a firearm as part of their assigned duties must first obtain the Jailer Firearms certificate before carrying a firearm.
(11) University Peace Officers, Trauma-Informed Investigation Training: each university or college peace officer shall complete an approved course on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking.
(e) Miscellaneous training
(1) Human Trafficking: every peace officer first licensed on or after January 1, 2011, must complete Human Trafficking (3270), within 2 years of being licensed.
(2) Canine Encounters: every peace officer first licensed on or after January 1, 2016, must take Canine Encounters (4065), within 2 years of being licensed.
(3) Deaf and Hard of Hearing Drivers: every peace officer licensed on or after March 1, 2016, must complete Deaf and Hard of Hearing Drivers (7887) within 2 years of being licensed.
(4) Civilian Interaction Training: every peace officer licensed before January 1, 2018, must complete Civilian Interaction Training Program (CITP) within 2 years. All other peace officers must complete the course within 2 years of being licensed.
(5) Crisis Intervention Training: every peace officer licensed on or after April 1, 2018, must complete the 40 hour Crisis Intervention Training within 2 years of being licensed.
(6) Mental Health for Jailers: all county jailers must complete Mental Health for Jailers not later than August 31, 2021.
(f) The Commission may choose to accept an equivalent course for any of the courses listed in this chapter, provided the equivalent course is evaluated by commission staff and found to meet or exceed the minimum curriculum requirements of the legislatively mandated course.
(g) The commission shall provide adequate notice to agencies and licensees of impending non-compliance with the legislatively required continuing education.
(h) The chief administrator of an agency that has licensees who are in non-compliance shall, within 30 days of receipt of notice of non-compliance, submit a report to the commission explaining the reasons for such non-compliance.
(i) Licensees shall complete the legislatively mandated continuing education in the first complete training unit, as required, or first complete training cycle, as required, after being licensed.
(j) All peace officers must meet all continuing education requirements except where exempt by law.
(k) The effective date of this section is June 1, 2022.

Answer 18

218.3 legislatively required continuing education for licensees

Question 19

(a) Each agency, academy, or training provider shall maintain proof of a licensee’s completion of legislatively required continuing education training in a format currently accepted by the commission. The report of training shall be submitted to the commission within 30 days following completion of the training. Failure to report training to the commission within 30 days is a violation of commission rules. Upon receipt of a properly completed report of training, the commission will make the appropriate entry into the training records of the licensee.
(b) The chief administrator of an agency that has licensees who are in non-compliance shall, within 30 days of receipt of notice of non-compliance, submit a report to the commission explaining the reasons for such non-compliance.
(c) The effective date of this section is February 1, 2014.

Answer 19

218.5 reporting legislative required continuing education

Question 20

(a) The executive director may waive the legislatively required continuing education for a licensee, as required by the Texas Occupations Code, Chapter 1701, if the licensee demonstrates the existence of mitigating circumstances justifying the licensee’s failure to obtain the legislatively required continuing education.
(b) Mitigating circumstances are defined as:
(1) catastrophic illness or injury that prevents the licensee from performing active duty for longer than 12 months; or
(2) active duty with the armed forces of the United States, or a reserve component of the armed forces of the United States for a time period in excess of 12 months.
(c) A request for a waiver of the legislatively required continuing education due to mitigating circumstances shall be in writing, accompanied by verifying documentation, and shall be submitted to the executive director with a copy to the chief administrator of the licensee’s appointing agency not less than 30 days prior to the end of the training unit.
(d) Absent mitigating circumstances, a request for a waiver under this section shall be submitted to the executive director not less than 90 days prior to the end of the training unit.
(e) The commission may waive the requirement for civil process training if not less than 90 days prior to the end of the training cycle:
(1) the constable requests a waiver for the deputy constable based on a representation that the deputy constable’s duty assignment does not involve civil process responsibilities; or
(2) the constable or deputy constable requests a waiver because of hardship and the commission determines that a hardship exists.
(f) Within 20 days of receiving a request for a waiver under this section, the executive director shall notify the licensee and the chief administrator of the licensee’s appointing agency, whether the request has been granted or denied.
(g) A licensee, whose request for a waiver under this section is denied, is entitled to a hearing in accordance with Texas Government Code, Chapter 2001. The licensee must request a hearing within 20 days of the waiver being denied. In a hearing pursuant to this subsection, the licensee is the petitioner and the executive director is the respondent. The burden of proof shall be on the licensee to show why he or she is entitled to a waiver of the legislatively required continuing education requirement.
(h) The effective date of this section is February 1, 2014.

Answer 20

218.7 waiver of legislatively required continuing education

Question 21

(a) Each agency or entity that employs at least one peace officer or at least one firearms certified jailer shall:
(1) require each peace officer or firearm certified jailer that it employs to successfully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried;
(2) designate a firearms proficiency officer to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:
(A) date of qualification;
(B) identification of peace officer or jailer;
(C) firearm manufacturer, model;
(D) results of qualifying; and
(E) course(s) of fire;
(3) keep on file and in a format readily accessible to the commission a copy of all records of this proficiency.
(b) The annual firearms proficiency requirements shall include:
(1) an external inspection by the proficiency officer, range officer, firearms instructor, or gunsmith to determine the safety and functioning of the weapon(s);
(2) a proficiency demonstration in the care and cleaning of the weapon(s) used; and
(3) a course of fire that meets or exceeds the minimum standards.
(c) The minimum standards for the annual firearms proficiency course of fire shall be:
(1) handguns - a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload;
(2) shotguns - a minimum of five rounds of ammunition fired at a range of at least 15 yards;
(3) precision rifles - a minimum of 20 rounds of ammunition fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90;
(4) patrol rifles - a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90;
(5) fully automatic weapons - a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon.
(d) The minimum passing percentage shall be 70 for each firearm.
(e) The executive director may, upon written agency request, waive a peace officer’s demonstration of weapons proficiency based on a determination that the requirement causes a hardship.
(f) The effective date of this section is February 1, 2020.

Answer 21

218.9 Continuing firearms proficiency requirements

Question 22

(a) An education and training program on the Texas Crime Information Center’s child safety check alert list will include instruction relating to:
(1) the procedures for placing a child or other person on the child safety check alert list;
(2) the manner in which an officer should interact with a child or other person on the child safety check alert list whom the officer locates; and
(3) the procedures for removing a child or other person from the child safety check alert list.
(b) The training program will be made available to employees in the child protective services division of the Department of Family and Protective Services, including caseworkers, supervisors, and special investigators.
(c) The effective date of this section is February 1, 2016.

Answer 22

218.11 child safety check alert training

Question 23

(a) The commission shall issue proficiency certificates in accordance with the Texas Occupations Code §1701.402. Commission certificates issued pursuant to §1701.402 are neither required nor a prerequisite for establishing proficiency or training. The commission shall give credit toward proficiency certification for successful completion of hours or degrees at accredited colleges and universities or for military service.
(b) To qualify for proficiency certificates, applicants must meet all the following proficiency requirements:
(1) submit any required application currently prescribed by the commission, requested documentation, and any required fee;
(2) have an active license or appointment for the corresponding certificate (not a requirement for Mental Health Officer Proficiency, Retired Peace Officer and Federal Law Enforcement Officer Firearms Proficiency, Firearms Instructor Proficiency, Firearms Proficiency for Community Supervision Officers, Firearms Proficiency for Juvenile Probation Officers or Instructor Proficiency);
(3) must not have license(s) under suspension by the commission within the previous 5 years;
(4) meet the continuing education requirements for the previous training cycle;
(5) for firearms related certificates, not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm; and
(6) academic degree(s) must be issued by an accredited college or university.
(c) The commission may refuse an application if:
(1) an applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;
(2) an applicant has not affixed any required signature;
(3) required forms are incomplete;
(4) required documentation is incomplete, illegible, or is not attached; or
(5) an application contains a false assertion by any person.
(d) The commission shall cancel and recall any certificate if the applicant was not qualified for its issue and it was issued:
(1) by mistake of the commission or an agency; or
(2) based on false or incorrect information provided by the agency or applicant.
(e) If an application is found to be false, any license or certificate issued to the appointee by the commission will be subject to cancellation and recall.
(f) The issuance date of a proficiency certificate may be changed upon submission of an application along with documentation supporting the proposed date of eligibility and payment of any required fee.
(g) The effective date of this section is February 1, 2020.

Answer 23

221.1 proficiency certificate requirements

Question 24

(a) To qualify for a basic, intermediate, advanced, or master proficiency certificate, an applicant must meet all current proficiency requirements set by the commission.
(b) The effective date of this section is February 1, 2016.

Answer 24

221.3 Proficiency certificates

Question 25

(a) An individual may not take a licensing exam for a license they actively hold. (b) To be eligible to take a state licensing exam, an individual must: (1) have successfully completed a commission-approved basic licensing course or academic alternative program; (2) meet the requirements for reactivation if the individual is currently licensed; (3) meet the requirements for reinstatement if the individual is currently licensed; (4) meet the requirements if an individual is an out of state peace officer, federal criminal investigator, or military; or (5) be eligible to take the county corrections licensing exam as provided in Texas Occupations Code, Chapter 1701, §1701.310. (c) To maintain eligibility to attempt a licensing exam the applicant must meet the minimum standards for enrollment and initial licensure. (d) An eligible examinee will be allowed three attempts to pass the examination. All attempts must be completed within 180 days from the completion date of the licensing course. Any remaining attempts become invalid on the 181st day from the completion date of the licensing course, or if the examinee passes the licensing exam. If an attempt is invalidated for any other reason, that attempt will be counted as one of the three attempts. (e) The examinee must repeat the basic licensing course for the license sought if: (1) the examinee fails all three attempts to pass the licensing exam; (2) the examinee fails to complete all three attempts within 180 days from the completion date of the licensing course; or (3) the examinee is dismissed from an exam for cheating. If dismissed from an exam for cheating, all remaining attempts are invalidated. (f) An examinee that is required to repeat a basic licensing course under the provisions in subsection (e) of this section will not be allowed to repeat an academic alternative program. (g) If an individual is not appointed within 2 years from the date of their successful completion of the licensing exam, the license will be placed in an inactive status. (h) When applicable and in addition to this section, school marshal licenses are subject to the requirements of Chapter 227 of this title. (i) The effective date of this section is June 1, 2022.

Answer 25

219.1 eligibility to take state exam

Question 26

(a) The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at: (1) the address of the agency shown in commission records to have the holder under current or last appointment; (2) the address shown on the Texas driver's license record of the holder; (3) the last known address on record with the commission; or (4) any other address requested by the holder in a written request to the executive director. (b) An action by the commission to deny, suspend, or revoke one license operates against any other commission license or certificate held by the same person. (c) The effective date of this section is February 1, 2016.

Answer 26

223.1 License action and notification

Question 27

(a) In addition to any other action or penalty authorized by law, the commission may impose an administrative penalty against a law enforcement agency or governmental entity, including a school district, for violations of commission statutes or rules. (b) In determining total penalty amounts, the commission shall consider: (1) the seriousness of the violation; (2) the respondent's history of violations; (3) the amount necessary to deter future violations; (4) efforts made by the respondent to correct the violation; and (5) any other matter that justice may require. (c) The following is a nonexclusive list of the per day per violation base penalty amounts for: (1) Appointing an unlicensed person as a peace officer, jailer, or telecommunicator, $1,000; (2) Appointing or employing an unlicensed or ineligible person as a school marshal, $1,000; (3) Appointing as a peace officer or jailer a person disqualified because of criminal history, $1,000; (4) Appointing a person who does not meet minimum licensing or appointment standards as a peace officer or jailer, $750; (5) Appointing or continued appointment of a person as a peace officer or jailer with a revoked, suspended, or cancelled license or who is otherwise ineligible for appointment or licensure, $1,000; (6) Failing to timely submit any required appointment documents, $350; (7) Failing to timely submit any required appointment, notice, or separation documents related to school marshals, $1000; (8) Failing to timely submit or deliver an F-5 Report of Separation, $350; (9) Failing to timely submit racial profiling data to the commission, $1,000; (10) Failing to timely report to the commission the reason(s) a license holder(s) appointed by the law enforcement agency or governmental entity are not in compliance with continuing education standards, $250; (11) Failing to timely comply with substantive provisions of any order(s) issued under commission statutes or rules, $750; (12) Failing to timely comply with technical provisions of any order(s) issued under commission statutes or rules, $350; (13) Failing to timely comply with required audit procedures, $350; (14) Failing to timely submit or maintain any document(s) as required by commission statutes or rules, $250; (15) Other noncompliance with commission statutes or rules not involving fraud, deceit, misrepresentation, intentional disregard of governing law, or actual or potential harm to the public or integrity of the regulated community as a whole, $200. (d) In determining the total penalty amount, the commission may consider the following aggravating factors: (1) the severity and frequency of violations; (2) multiple or previous violations; (3) actual or potential harm to public safety; (4) whether the violation could constitute criminal activity; (5) evidence of an intent to defraud, deceive, or misrepresent; and (6) any other aggravating factors existing in a particular case. (e) In determining the total penalty amount, the commission may consider the following mitigating factors: (1) immediacy and degree of corrective action; and (2) any other matter that justice may require. (f) The presence of mitigating factors does not constitute a requirement of dismissal of a violation of commission statutes or rules. (g) Subject to final approval of the commission, the executive director has the discretion to enter into an agreed order. In return for compromise and settlement, the total penalty amount in an agreed order may be calculated using a base amount below those listed in this rule. (h) The commission will provide written notice to a law enforcement agency or governmental entity of any alleged violations. (i) By written answer, a law enforcement agency or governmental entity may request a hearing challenging the allegations set forth in the notice letter. Failure to file an answer within twenty days after being provided written notice may result in the entry of a default order. The default order may include additional penalties for failing to respond to the notice letter or failing to correct any alleged violations. (j) The effective date of this section is February 1, 2014.

Answer 27

223.2 Administrative penalties

Question 28

(a) In order to preserve the right to a hearing as described under this subchapter, an answer must be filed not later than 20 days after the date the respondent receives notice of the executive director's petition or notice of violation. Failure to file a timely answer may result in the issuance of a default order. (b) The answer may be in the form of a general denial as that term is used in the district courts of the State of Texas. (c) The commission may grant the default order or refer the case to SOAH for a contested case hearing. (d) If a person files a timely answer as required by this section, but fails to appear at the contested case hearing after receiving timely and adequate notice, the executive director may move for default judgment against the respondent as provided by SOAH rules. (e) The effective date of this section is February 1, 2016.

Answer 28

223.3 Answer required

Question 29

(a) Contested cases, hearings and appeals will be conducted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001. (b) The commission may consider exceptions or briefs filed within 20 days after a party's notification of a proposal for decision. Responses are due within 15 days after exceptions are filed. (c) All or part of the proceedings of a contested case will be transcribed upon the written request of a party with cost to that party, unless the executive director provides otherwise. (d) Any party who appeals a final decision must pay all preparation costs for the original or certified copy of the record of any proceeding to be submitted to the court. (e) The commission may assess transcript costs to one or more parties. (f) The effective date of this section is February 1, 2016.

Answer 29

223.5 contested cases and hearings

Question 30

(a) A licensee may surrender a license: (1) as part of an employee termination agreement; (2) as part of a plea bargain to a criminal charge; (3) as part of an agreed settlement to commission action; or (4) for any other reason. (b) A license may be surrendered either permanently or for a stated term. (c) Effective dates: (1) the beginning date for any surrender shall be the date stated in the request or, if none, the date it was received by the commission; (2) a term surrender shall have its ending date stated in the request; and (3) any request without a stated ending date shall be construed as a permanent surrender. (d) A licensee may surrender any license by sending, or causing to be sent, a signed, notarized, written request to the executive director, who may accept or reject the request. The signed written request shall indicate that the licensee understands and has knowledge of the consequences of the document being signed. The executive director may accept requests for surrender submitted to the commission in any other form that indicates the licensee intends to surrender the license to the commission. The executive director may liberally construe the intent of any request. The surrender of one commission-issued license operates as a surrender of all commission-issued licenses. The surrender should include a summary of the reason for the surrender. (e) If accepted, the licensee is no longer licensed: (1) effective on the beginning date of the surrender; and (2) except for permanent surrenders, until such person applies for and meets the requirements of a new license. (f) The effective date of this section is February 1, 2014.

Answer 30

223.13 surrender of license

Question 31

(a) A criminal disposition under the law of Texas, another state, federal, military, tribal, or foreign jurisdiction, will be construed under the closest equivalent under the Texas Penal Code classification of offenses. (b) 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. (c) The effective date of this section is February 1, 2016.

Answer 31

223.14 construction of other laws

Question 32

a) Unless revocation is required, the commission may suspend a license or certificate for violating any provision of the Texas Occupations Code, Chapter 1701 or commission rule. (b) The license of a person charged with a felony and placed on community supervision shall be suspended for thirty years. (c) The license of a person convicted or placed on community supervision for any offense above the grade of Class C misdemeanor may be suspended for 10 years. (d) A suspension based on a Class A misdemeanor shall be at least 120 days. (e) A suspension based on a Class B misdemeanor shall be at least 60 days. (f) The license of a person who fails to comply with legislative continuing education requirements may be suspended: (1) up to 90 days for first-time noncompliance; and (2) up to 180 days for second-time noncompliance. (g) The commission may suspend the license of a person who has previously received two written reprimands from the commission. (h) Factors the commission may consider in determining a term of suspension include: (1) the seriousness of the conduct resulting in the arrest; (2) the required mental state of the disposition offense; (3) 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; (4) the licensee’s previous violations of commission statutes or rules; (5) actual or potential harm to public safety, including personal injury and property damage, resulting from the conduct resulting in the arrest; (6) aggravating evidence existing in a particular case; and (7) evidence used in rebuttal to mitigating factors. (i) A suspension can begin no sooner than the date of the statute or rule violation. (j) A suspension or probation may be ordered to run concurrently or consecutively with any other suspension or probation. (k) The effective date of this section is May 1, 2017.

Answer 32

223.15 license suspension

Question 33

(a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors: (1) the licensee's history of compliance with the terms of court-ordered community supervision; (2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision; (3) the licensee's post-arrest employment record; and (4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee. (b) The commission may impose reasonable terms of probation, including: (1) continued employment requirements; (2) special reporting conditions; (3) special document submission conditions; (4) voluntary duty requirements; or (5) any other reasonable term of probation. (c) A probated or suspended license remains as such until: (1) the term of suspension has expired; (2) all other terms of probation have been fulfilled; and (3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or (4) revoked. (d) A suspended license remains suspended until: (1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and (2) a written request for reinstatement has been received from the licensee and accepted by the commission; or (3) the remainder of the suspension is probated and the license is reinstated. (e) The effective date of this section is February 1, 2016.

Answer 33

223.16 Probation and mitigation factors

Question 34

(a) To reinstate a suspended or probated license for a licensee that meets current training requirements and has continually maintained legislatively required continuing education for the duration of the suspension or probation, a licensee must: (1) make application for reinstatement in the format currently prescribed by the commission; and (2) submit any required fee(s). (b) A licensee that does not meet current training requirements, or has failed to continually maintain the legislatively required continuing education for the duration of the suspension or probation, must meet the reactivation of a license requirement in the format currently prescribed by the commission. (c) The effective date of this section is November 1, 2018.

Answer 34

223.17 reinstatement of a license

Question 35

(a) The commission, through the executive director, may suspend the license of a person arrested or indicted for a felony offense which would constitute an immediate peril to the public health, safety or welfare if the person were to remain licensed during the pendency of criminal proceedings. (b) By virtue of their nature, the following felony arrests constitute immediate peril: (1) Sexual offenses; (2) Assaultive offenses; and (3) Offenses classified under Chapter 39 or section 31.03(f) of the Texas Penal Code. (c) If an offense constitutes immediate peril, the commission will notify the person of the summary suspension order and the intention to initiate proceedings within 30 days of the commission’s order. (d) A person may request a hearing regarding the summary suspension within 20 days after the summary suspension order is received. Otherwise, the license may be suspended until final disposition of the case. (e) The effective date of this section is May 1, 2017.

Answer 35

223.18 Suspension following felony arrests.

Question 36

(a) The license of a person convicted of a felony shall be immediately revoked. (b) The license of a person convicted or placed on community supervision for an offense directly related to the duties and responsibilities of any related office held by that person may be revoked. In determining whether an offense directly relates to such office, the commission will consider: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purpose for requiring a license for such office; (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office. (c) The license of a person convicted or placed on community supervision for any offense involving family violence shall be revoked. (d) The license of a person who is noncompliant for the third time in obtaining continuing education shall be revoked. (e) The license of a person who has received a dishonorable discharge from the armed forces of the United States shall be revoked. (f) The license of a person who has made, submitted, caused to be submitted, or filed a false or untruthful report to the commission may be revoked. (g) The license of a person who has been found to be in unauthorized possession of any commission licensing examination or portion of a commission licensing examination, or a reasonable facsimile shall be revoked. (h) Revocation permanently bars the person from any future licensing or certification by the commission. (i) A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as: (1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued; (2) the dishonorable or bad conduct discharge has been upgraded to above dishonorable or bad conduct conditions; or (3) the report alleged to be false or untruthful was found to be truthful. (j) During the direct appeal of any appropriate conviction, a license may be revoked pending resolution of the mandatory direct appeal. The license will remain revoked unless and until the holder proves that the conviction has been set aside on appeal. (k) The holder of any revoked license may informally petition the executive director for reinstatement of that license based upon proof by the licensee that the facts supporting the revocation have been negated. (l) If granted, the executive director shall inform the commissioners of such action no later than at their next regular meeting. (m) If denied, the holder of a revoked license may petition the commission for a hearing to determine reinstatement based upon the same proof. (n) The effective date of this section is June 1, 2022.

Answer 36

223.19 License Revocation

Question 37

(a) Within thirty days, a licensee or person meeting the requirements of a licensee shall report to the commission: (1) any name change; (2) a permanent mailing address other than an agency address; (3) all subsequent address changes; (4) an arrest, charge, or indictment for a criminal offense above the grade of Class C misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, including the name of the arresting agency, the style, court, and cause number of the charge or indictment, if any; (5) the final disposition of the criminal action; and (6) receipt of a dishonorable discharge from the armed forces of the United States. (b) The effective date of this section is June 1, 2022.

Answer 37

211.27 Reporting responsibilities of individuals

Question 38

(a) When an agency receives information that it has arrested or charged an individual that is required to report under §211.27 of this title for any offense above a Class C misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, the chief administrator or their designee must report such arrest to the commission in the format currently prescribed by the commission within 30 business days of notice of the arrest, including the: (1) name, date of birth and PID of licensee (if available); (2) name, address, and telephone number of the arresting agency; (3) date and nature of the arrest; (4) arresting agency incident, booking, or arrest number; and (5) name, address, and telephone number of the court in which such charges are filed or such arrest is filed. (b) The effective date of this section is July 14, 2011.

Answer 38

211.28 Responsibility of a law enforcement agency to report an arrest

Question 39

(a) A person is eligible to have the person's name on the Memorial Monument if the person was killed in the line of duty and was: (1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2.12, Code of Criminal Procedure, or other law; (2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2.122, Code of Criminal Procedure; (3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or (4) a Texas peace officer who, in historical perspective, would be eligible under any of the preceding criteria. (b) A person identified in subsection (a) of this section is eligible for inclusion on the Memorial Monument if: (1) the fatal incident was a direct result of a line of duty, on or off duty incident; (2) the fatal incident was an indirect result but directly attributed to a line of duty, on or off duty incident; (3) the fatal incident was a direct result of a felonious assault on the officer, perpetrated because of the officer's status, regardless of duty status; or (4) the Employees Retirement System of Texas authorizes benefits to the eligible survivors of the person as provided by Chapter 615, Government Code. (c) The effective date of this section is May 1, 2018.

Answer 39

229.1 eligibility for memorial monument

Question 40

(a) Nominations for inclusion on the Memorial Monument must be submitted to the commission in accordance with Article 3105.0035, Government Code. (b) In order to make a preliminary recommendation to the Commission on whether a nominee is eligible for inclusion on the Memorial Monument, the executive director or designee shall accept supporting documentation affirming a nominee's eligibility, including: (1) certified copy of the Law Enforcement Agency incident report or other records; (2) certified copy of the Coroner's report; (3) sworn affidavit completed by the law enforcement agency chief executive officer or any other person with knowledge of the incident accepting responsibility for the information submitted, accompanied by a description detailing the incident and death; (4) certified copy of statements of witnesses to the fatal incident; (5) an original letter or petition of a family member with verified supporting documents; (6) reproduced documents verified by a state or county historical commission chairperson; (7) news articles or other published materials supported by documents listed above; or (8) any other documentation which would reasonably substantiate a finding by the commission. (c) The commission shall review the recommendations of the executive director concerning names of deceased officers for inclusion on the Memorial Monument at a regularly scheduled meeting and make its final determination according to §3105.0035 Texas Government Code. (d) Nominations must be submitted to the Commission no later than 30 days prior to a quarterly meeting in which the Commission will be taking up the executive director's preliminary recommendations. (e) The effective date of this section is May 1, 2018.

Answer 40

229.3 specific eligibility of memorial monument

Question 41

(a) An officer whose death is attributed to natural causes, is not eligible for inclusion, except when a medical condition arises out of a specific response to a violation of the law or an emergency situation causing an officer's death, or causing the officer's death during or after a period of hospitalization following the specific response to the violation of the law or emergency situation. (b) An officer whose death is attributed to any of the following is not eligible for inclusion: (1) when caused as a result of or during the officer's commission of a crime; (2) as a direct result of the officer's voluntary alcohol or controlled substance abuse; or (3) when caused by the officer's intention to bring about the officer's own death. (c) The effective date of this section is July 6, 2009.

Answer 41

229.7 Deaths not included