Current TCLEOSE Rules

TEXAS COMMISSION ON LAW ENFORCEMENT

Current Rules

Texas Administrative Code

Title 37 - Public Safety

Part VII - Texas Commission on Law Enforcement

Officer Standards and Education

Occupations Code

Title 10. Occupations Related to Law Enforcement and Security

Chapter 1701. Law Enforcement Officers

AND

Texas Commission on Law Enforcement

Officer Standards and Education

Fee Schedule

AS OF

June 1, 2007

THE OFFICIAL TEXT OF THESE RULES MAY BE OBTAINED FROM THE TEXAS

ADMINISTRATIVE CODE AND THE APPLICABLE

EDITIONS OF THE TEXAS REGISTER

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

TABLE OF CONTENTS

Texas Administrative Code, Title 37. Public Safety

Part VII. Texas Commission on Law Enforcement Officer Standards and Education

Chapter 211. Administration

Chapter 215. Training and Educational Providers and Related Matters

Chapter 217. Licensing Requirements

Chapter 219. Prelicensing and Reactivation Courses, Tests, and Endorsements

Chapter 221. Proficiency Certificates and other Post-Basic Licenses

Chapter 223. Enforcement

Chapter 225. Specialized Licenses

Chapter 229. Texas Peace Officers' Memorial

Title Page

ADMINISTRATION

§211.1. Definitions ..................................................................................................... 5

§211.3. Public Information ......................................................................................... 9

§211.5. Licensee Lists ............................................................................................... 9

§211.7. Meeting Dates and Procedures .................................................................... 9

§211.9. Execution of Orders Showing Action Taken at Commission Meetings. ........ 9

§211.11. Contemplated Rule Making........................................................................... 10

§211.13. Notice of Commission Rulemaking ............................................................... 10

§211.15. Specific Authority to Waive Rules ................................................................. 10

§211.17. Fees and Payment........................................................................................ 10

§211.19. Forms and Applications ................................................................................ 11

§211.21. Issuance of Duplicate or Delayed Documents .............................................. 11

§211.23. Date of Licensing or Certification .................................................................. 11

§211.25. Date of Appointment ..................................................................................... 12

§211.27. Reporting Responsibilities of Individuals ...................................................... 12

§211.29. Responsibilities of Agency Chief Administrators........................................... 12

§211.31. Memorandum of Understanding on Continuity of Care................................. 13

§211.33. Law Enforcement Achievement Awards ....................................................... 13

TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS

§215.1. Licensing of Training Providers..................................................................... 14

§215.3. Academy Licensing....................................................................................... 14

§215.5. Contractual Training...................................................................................... 17

§215.6. Academic Alternative Licensing.................... ................................................ 18

§215.7. Training Provider Advisory Boards. .............................................................. 19

§215.9. Training Coordinator ..................................................................................... 20

§215.11. Training Provider Evaluations ....................................................................... 22

§215.13. Risk Assessment .......................................................................................... 22

§215.15. Enrollment Standards and Training Credit.................................................... 23

§215.17. Distance Education. ...................................................................................... 25

LICENSING REQUIREMENTS

§217.1. Minimum Standards for Initial Licensure....................................................... 25

§217.3. Application for License and Initial Report of Appointment ............................ 28

§217.5. Denial and Cancellation. ............................................................................... 29

§217.7. Reporting Appointment and Termination of a Licensee................................ 29

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

LICENSING REQUIREMENTS (Cont.)

§217.8. Contesting an Employment Termination Report……………………………….30

§217.9. Continuing Education Credit for Licensees................................................... 31

§217.11. Legislatively Required Continuing Education for Licensees. ........................ 32

§217.13. Reporting Legislatively Required Continuing Education. .............................. 33

§217.15. Waiver of Legislatively Required Continuing Education ............................... 33

§217.19. Reactivation of a License.............................................................................. 34

§217.21. Firearms Proficiency Requirements.............................................................. 34

PRELICENSING AND REACTIVATION COURSES, TESTS, AND ENDORSEMENTS

§219.1. Eligibility to Take State Examinations ........................................................... 35

§219.2. Reciprocity for Out-of-State Peace Officers and

Federal Criminal Investigators ....................................................................... 36

§219.3. Examination Administration .......................................................................... 37

§219.5. Examinee Requirements............................................................................... 38

§219.7. Scoring of Examinations ............................................................................... 38

PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES

§221.1. Proficiency Certificate Requirements............................................................ 39

§221.3. Peace Officer Proficiency.............................................................................. 39

§221.5. Jailer Proficiency........................................................................................... 40

§221.7. Investigative Hypnosis Proficiency................................................................ 41

§221.9. Standardized Field Sobriety Testing Practitioner (SFST) ............................. 41

§221.11. Mental Health Officer Proficiency.................................................................. 42

§221.13. Emergency Telecommunications Proficiency ............................................... 42

§221.15. Crime Prevention Inspector Proficiency........................................................ 43

§221.17. Homeowners Insurance Inspector Proficiency.............................................. 43

§221.19. Firearms Instructor Proficiency. .................................................................... 44

§221.21. Firearms Proficiency for Community Supervision Officers............................ 44

§221.23. Academic Recognition Award ....................................................................... 44

§221.25. Civil Process Proficiency............................................................................... 45

§221.27. Instructor Proficiency .................................................................................... 45

§221.29. Special Investigator Certificate.......................................................................45

§221.31. Retired Peace Officer Firearms Proficiency...................................................45

§221.33. Standardized Field Sobriety Testing (S.F.S.T.) Instructor Proficiency...........46

ENFORCEMENT

§223.1. License Action and Notification..................................................................... 46

§223.3. Answer Required .......................................................................................... 46

§223.5. Filing of Documents ...................................................................................... 47

§223.7. Contested Cases and Hearings .................................................................... 47

§223.9. Place and Nature of Hearings....................................................................... 47

§223.11. Proposal for Decision and Exceptions or Briefs............................................ 47

§223.13. Voluntary Surrender of License. ................................................................... 48

§223.15. Suspension of License.................................................................................. 48

§223.16. Suspension of License for Constitutionally Elected Officials. ....................... 50

§223.17. Reinstatement of a License. ......................................................................... 52

§223.19. Revocation of License................................................................................... 52

§223.20. Revocation of License for Constitutionally Elected Officials. ........................ 54

§223.21. Appeal........................................................................................................... 55

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

SPECIALIZED LICENSES

§225.1. Issuance of Contract Jailer License through a Contract Jail Facility............. 55

§225.3. Issuance of Peace Officer License through a Medical Corporation .............. 55

TEXAS PEACE OFFICERS' MEMORIAL

§229.1. General Eligibility of Deceased Texas Peace Officers.................................. 57

§229.3. Specific Eligibility of Deceased Texas Peace Officers.................................. 57

§229.5. Determination Standards. ............................................................................. 57

§229.7. Deaths Not Included ..................................................................................... 58

1701 OCCUPATIONS CODE....................................................................................... 59

TCLEOSE FEE SCHEDULE ........................................................................................ 87

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

§211.1. Definitions.

(a) The following words and terms, when used in this chapter, shall have the following

meanings, unless the context clearly indicates otherwise.

(1) Academic provider - A school, accredited by the Southern Association of

Colleges and Schools and the Texas Higher Education Coordinating Board,

which has been approved by the commission to provide basic licensing courses.

(2) Academic alternative program - A program for college credit offered by a

training provider recognized by the Southern Association of Colleges and

Schools and the Higher Texas Education Board, authorized by the commission to

conduct preparatory law enforcement training as part of a degree plan program,

and consisting of commission-approved curricula.

(3) Accredited college or university - An institution of higher education that is

accredited or authorized by the Southern Association of Colleges and Schools,

the Middle States Association of Colleges and Schools, the New England

Association of Schools and Colleges, the North Central Association of Colleges

and Schools, the Northwest Commission on Colleges and Universities, or the

Western Association of Schools and Colleges.

(4) Active - A license issued by the commission that meets the current requirements

of licensure, including those legislatively required.

(5) Agency - A law enforcement unit or other entity, whether public or private,

authorized by Texas law to appoint a person licensed or certified by the

commission.

(6) ALJ or Administrative law judge - See "Hearings Examiner" defined below.

(7) Alternative delivery - A learning event characterized by a separation of place or

time between the instructor and student, the students, and/or the student and

learning resources; and in which the interaction between these is conducted

through one or more media.

(8) Appointed - Elected or commissioned by an agency as a peace officer, reserve

or otherwise selected or assigned to a position governed by the Occupations

Code, Chapter 1701, without regard to pay or employment status.

(9) Background investigation - may include:

(A) an investigation looking specifically at a person's dependability; integrity;

initiative; situational reasoning ability; self-control; writing skills; reading

skills; oral communications skills; interpersonal skills; and physical ability;

and

(B) a report that documents an investigation into an applicant's suitability for

licensing and appointment which includes: biographical data; scholastic

data; employment data; criminal history data; interviews with references,

supervisors, and other people who have knowledge of the person's

abilities, skills, and character; and a summary of the investigator's findings

and conclusions regarding the applicant's moral character and suitability.

(10) Basic licensing course - Any current commission developed course that is

required before an individual may be licensed by the commission. The courses

include: Peace Officer, Academic Alternative and County Corrections.

(11) Basic peace officer course - The current commission developed course(s)

required for licensing as a peace officer, taught at a licensed law enforcement

academy in accordance with commission requirements.

(12) Certified copy - A true and correct copy of a document or record certified by the

custodian of records of the submitting entity.

(13) Chief administrator - The head or designee of an agency.

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

(14) Commission - The Texas Commission on Law Enforcement Officer Standards

and Education.

(15) Commissioned - Has been given the legal power to act as a peace officer or

reserve, whether elected, employed, or appointed.

(16) Commissioners - The nine commission members appointed by the governor

and, where appropriate, the five ex-officio members.

(17) Contract jail - A correctional facility, operated by a county, municipality or private

vendor, operating under a contract with a county or municipality, to house

inmates convicted of offenses committed against the laws of another state of the

United States, as provided by Texas Government Code,§ 511.092.

(18) Contractual training provider - A law enforcement agency, a law enforcement

association, or alternative delivery trainer that conducts specific education and

training under a contract with the commission.

(19) Convicted - Has been adjudged guilty of or has had a judgment of guilt entered

in a criminal case that has not been set aside on appeal, regardless of whether:

(A) the sentence is subsequently probated and the person is discharged from

probation;

(B) the charging instrument is dismissed and the person is released from all

penalties and disabilities resulting from the offense;

(D) the person is pardoned, unless the pardon is expressly granted for

subsequent proof of innocence.

(20) Court-ordered community supervision - Any court-ordered community

supervision or probation resulting from a deferred adjudication or conviction by a

court of competent jurisdiction. However, this does not include supervision

resulting from a pretrial diversion.

(21) Distance education - The enrollment and study with an educational institution,

which provides lesson materials prepared in a sequential and logical order for

study by students on their own.

(22) Duty ammunition - Ammunition required or permitted by the agency to be

carried on duty.

(23) Endorsement - An official document stating that an individual has met the

minimum training standards appropriate to the type of examination sought.

(24) Executive director - The executive director of the commission or any individual

authorized to act on behalf of the executive director.

(25) Experience - Includes each month, or part thereof, served as a peace officer,

reserve, jailer, or telecommunicator. Credit may, at the discretion of the

executive director, be awarded for relevant experience from an out-of-state

agency.

(26) Firearms - Any handgun, shotgun, precision rifle, patrol rifle, or fully automatic

weapon that is carried by the individual officer in an official capacity.

(27) Firearms proficiency - Successful completion of the annual firearms proficiency

requirements.

(28) Field training program - A program intended to facilitate a transition from the

academic setting to the performance of the general duties of the appointing

agency.

(29) Governing body resolution - A formal expression or action by a governing body

authorizing a particular act, transaction, appointment, intention, or decision.

(30) Hearings examiner or judge - An administrative law judge appointed by the

chief administrative law judge of the State Office of Administrative Hearings

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

pursuant to the Texas Government Code, Ch. 2003, or a person appointed by

the executive director to conduct administrative hearings for the commission.

(31) High school diploma - High school diploma is a document issued by a school

district or a school accredited by the Texas Private School Accreditation

Commission verifying that the recipient has successfully completed the course of

study prescribed by the school district and accepted by the Texas Education

Agency.

(32) Individual - A human being who has been born and is or was alive.

(33) Jailer - A person employed or appointed as a jailer under the provisions of the

Local Government Code, § 85.005, or Government Code § 511.092.

(34) Killed in the line of duty - A Texas peace officer killed as a directly attributed

result of a personal injury sustained in the line of duty.

(35) Law - Including, but not limited to, the constitution or a statute of this state, or the

United States; a written opinion of a court of record; a municipal ordinance; an

order of a county commissioners' court; or a rule authorized by and lawfully

adopted under a statute.

(36) Law enforcement academy - A school operated by a governmental entity that

has been licensed by the commission, which may provide basic licensing

courses and continuing education.

(37) Law enforcement automobile for training - A vehicle equipped to meet the

requirements of an authorized emergency vehicle as identified by Transportation

Code Secs. 546.003 and 547.702.

(38) Lesson plan - Detailed guides from which an instructor teaches. The plan

includes the goals, specific content and subject matter, performance or learning

objectives, references, resources, and method of evaluating or testing students.

(39) License - A license, certificate, registration, permit, or other form of authorization

required by law or a state agency rule that must be obtained by an individual to

engage in a particular business.

(40) Licensee - An individual holding a license issued by the commission.

(41) Line of duty - Any lawful and reasonable action, which a Texas peace officer is

required or authorized by rule, condition of employment, or law to perform. The

term includes an action by the individual at a social, ceremonial, athletic, or other

function to which the individual is assigned by the individual's employer.

(42) Moral character - The propensity on the part of a person to serve the public of

the state in a fair, honest, and open manner.

(43) Officer - A peace officer or reserve.

(44) Patrol rifle - Any magazine-fed repeating rifle with iron/open sights or with a

frame mounted optical enhancing sighting device, 3 power or less, that is carried

by the individual officer in an official capacity.

(45) Peace officer - A person elected, employed, or appointed as a peace officer

under the Code of Criminal Procedure, Article 2.12, or under other statute.

(46) Placed on probation - Has received an adjudicated, unadjudicated or deferred

adjudication probation for a criminal offense.

(47) POST - State or federal agency with jurisdiction similar to that of the commission,

such as a peace officer standards and training agency.

(48) Precision rifle - Any rifle with a frame mounted optical sighting device greater

than 3 power that is carried by the individual officer in an official capacity.

(49) Proprietary training contractor - An approved training contractor operated for a

profit.

(50) Public security officer - A person employed or appointed as an armed security

officer by this state or a political subdivision of this state. The term does not

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

include a security officer employed by a private security company that contracts

with this state or a political subdivision of this state to provide security services

for the entity.

(51) Reactivate - To make a license issued by the commission active after at least a

two-year break in service.

(52) Resigned/Terminated - an explanation of the circumstances under which the

individual resigned (retired, honorably discharged), was terminated (dishonorably

discharged, generally discharged), or other (killed in the line of duty, died, or

disabled) in accordance with § 1701.452.

(53) Reinstate - To make a license issued by the commission active after disciplinary

action or after expiration of a license due to failure to obtain required continuing

education.

(54) Renew - Continuation of an active license issued by the commission.

(55) Reserve - A person appointed as a reserve law enforcement officer under the

provisions of the Local Government Code, § 85.004, § 86.012 or § 341.012.

(56) Self-assessment - Completion of the commission created process, which

gathers information about a training or education program.

(57) SOAH - The State Office of Administrative Hearings.

(58) Successful completion - A result of:

(A) 70 percent or better; or

(B) C or better; or

(59) Telecommunicator - A dispatcher or other emergency communications

specialist appointed under or governed by the provisions of the Occupations

Code, Chapter 1701.

(60) Texas peace officer - For the purposes of eligibility for the Texas Peace

Officers' Memorial, an individual who had been elected, employed, or appointed

as a peace officer under Texas law; an individual appointed under Texas law as

a reserve peace officer, a commissioned deputy game warden, or a corrections

officer in a municipal, county, or state penal institution, a federal law enforcement

officer or special agent performing duties in this state, including those officers

under Article 2.122, Code of Criminal Procedure, or any other officer authorized

by Texas law.

(61) Training coordinator - An individual, appointed by a commission-recognized

training provider, who meets the requirements of § 215.9.

(62) Training cycle - A 48-month period as established by the commission. Each

training cycle is composed of two contiguous 24-month units.

(63) Training hours - Actual classroom or distance education hours.

(64) Training program - An organized collection of various resources recognized by

the commission for providing preparatory or continuing training. This program

includes, but is not limited to, learning goals and objectives, academic activities

and exercises, lesson plans, exams, skills training, skill assessments,

instructional and learning tools, and training requirements.

(65) Training provider - A governmental body, law enforcement association,

alternative delivery trainer, or proprietary entity credentialed by the commission

to provide preparatory or continuing training for licensees or potential licensees.

(66) Verification (verified) - The confirmation of the correctness, truth, or authenticity

of a document, report, or information by sworn affidavit, oath, or deposition.

(b) The effective date of this section is June 1, 2006.

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

§211.3. Public Information.

(a) All commission rules are published in the Texas Register as they are proposed and

adopted.

(b) The commission will index, maintain, and make available for public inspection at the

Austin headquarters a copy of:

(1) the current rules;

(2) all interpretive memoranda, policies, and procedures; and

(3) all final orders, decisions, and opinions of the commission.

(1) copies of the rules and other documents published by the commission at the

cost recovery rate established in the fee schedule for printed documents. The

current cost schedules are available upon request from the commission;

(2) the rules and many other documents published by the commission are also

available free of charge on the commission website: www.tcleose.state.tx.us;

and

(3) unpublished materials available under the Public Information Act at the rate

established by the General Services Commission for such materials.

(d) The effective date of this section is June 1, 2004.

§211.5. Licensee Lists.

(a) The commission will maintain a list of active and inactive peace officers. The list will be

available on request.

(b) The effective date of this section is March 1, 2001.

§211.7. Meeting Dates and Procedures.

(a) The commission will comply with the open meetings law and may hold quarterly

meetings throughout each calendar year, time and place to be determined by the

presiding officer and executive director, in March, June, September, and December,

unless:

(1) the date, and location is altered by vote of the commissioners; or

(2) more frequent meetings are called by the presiding officer on the presiding

officer's own motion or upon the written request of five voting commissioners.

(b) At least once every two years, a regular or special meeting will receive public comment

on training and standards for officers, jailers, and telecommunicators.

presiding officer, by the assistant presiding officer, the secretary, the most senior

commissioner, or another commissioner selected by vote, in that order.

(d) The effective date of this section is March 1, 2001.

§211.9. Execution of Orders Showing Action Taken at Commission Meetings.

(a) The presiding officer shall have the authority to sign written orders showing actions

taken by the commissioners at public meetings if he or she did not vote against the

action. In the event that the presiding officer votes against the action taken, then a

commissioner who has voted with the majority shall sign the order on behalf of the

commission.

(b) The effective date of this section is March 1, 2001.

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

§211.11. Contemplated Rule Making.

(a) Concerning contemplated rule making, the commission may:

(1) use informal conferences and consultations to obtain the advice of interested

persons; and/or

(2) appoint any advisory committee of experts, interested persons or the public.

(b) An interested person may petition the commission to request the adoption of a rule. The

petition shall comply with the requirements of the Administrative Procedures Act, Texas

Government Code Annotated, Chapter 2001. The petition shall be submitted in writing,

and contain a reasoned justification for the rule being proposed, the text of the rule, a

concise statement of the statutory or other provisions under which the rule is being

proposed and how these provisions authorize or require the proposed rule. The

executive director shall, within 60 days of submission, either place the petition on the

agenda for the next regular meeting or deny the petition in writing. A denial will be

reported at the next meeting. The commission staff or its attorney may modify the

language or format of the petition before it is submitted as a proposed rule.

§211.13. Notice of Commission Rulemaking.

(a) At least 30 days before considering final adoption, the commission will give notice of

each proposed rule change:

(1) to the lieutenant governor and the speaker of the house; and

(2) to each law enforcement agency.

(b) Before the effective date of each proposed rule, the commission will notify each law

enforcement agency of final adoption.

§211.15. Specific Authority to Waive Rules.

(a) The commissioners have determined that good cause exists to delegate to the executive

director the authority to waive the rules of the commission:

(1) to update existing courses or to add new courses and curriculum;

(2) to add new exams or to update existing state licensing or certification exams;

(3) to conduct other special projects as approved by the commissioners; or

(4) for other reasons as may be authorized by law.

(b) The executive director will report these temporary waivers to the commissioners.

§211.17. Fees and Payment.

(a) The commission may charge application fees for licenses, certificates, endorsements,

duplicate documents, and any other reasonable fees as authorized or required by law,

as formally approved and adopted.

(b) Any fee or payment made to the commission by a person, agency, or other entity shall

be remitted by money order, cashier's check, agency check, or electronic payment.

Fees must be submitted with any required application, and are non-refundable.

this section, at a regularly scheduled June meeting, to become effective September 1.

(d) The effective date of this section is March 1, 2001.

Texas Commission on Law Enforcement Officer Standards and Education

June 1, 2007

§211.19. Forms and Applications.

(a) On applications or other forms required by the commission, the applicant or the

individual on whose behalf the form is being submitted is responsible for reviewing the

entire document and any attachments to attest to the accuracy and truthfulness of all

information on and attached to the document.

(b) A person who fails to comply with the standards set forth in these rules shall not accept

the issuance of a license and shall not accept any appointment.

applicant by the commission will be subject to cancellation and recall.

(d) Agencies must keep on file and in a format readily accessible to the commission a copy

of the documentation required by the commission.

(e) An agency must retain required records for a minimum of five years after the licensee's

termination date with that agency.

(f) An agency must report to the commission any failure to appoint an individual in the

reported capacity within 30 days of the reported date of appointment. Such report must

be made in the currently prescribed commission format for termination.

(g) The effective date of this section is March 1, 2001.

§211.21. Issuance of Duplicate or Delayed Documents.

(a) If an original license, certificate, or other document was previously issued by the

commission, a duplicate of that document may, if the document is current and valid, be

issued after:

(1) an application is submitted;

(2) a check of commission records verifies original issuance and continuing validity;

and

(3) payment of any required non-refundable application fee.

(b) The effective date of this section is March 1, 2001.

§211.23. Date of Licensing or Certification.

(a) If an application is required, the date of licensing, or certification, will be either the receipt

date or the acceptance date of the application, whichever is later:

(1) the receipt date is the day the completed application is received by the

commission and will be used if the commission has already received proof before