This historical timeline includes legislative and procedural changes that have affected the Texas Commission on Law Enforcement over the years.
Click on each date for a list of changes that took effect on that day. You can navigate throught the timeline using the links at the bottom, or you can search for a topic or key word using the search bar in the top right corner.
60th Legislature appropriated money – Wallace D. Beasley appointed as Director, plus four employees.
Glen H. Mclaughlin served as the first Chairman of the Commission on Law Enforcement Officer Standards and Education.
Voluntary program of certification was implemented and three levels of peace officers were provided: Basic, Intermediate, and Advanced.
First peace officer certifications awarded by the Commission.
61st Legislature amended the original act to provide that all new peace officers appointed on or after 9/1/1970 must meet certain employment and certification standards established by the Commission.
Legislation identified “peace officers” as those in Art. 2.12, CCP.
Commission empowered to revoke a certification for violation of standards, and automatic revocation for commission of a felony offense.
Peace officers required to be certified by the Commission prior to appointment.
Grandfather exemption was given for those appointed and active on this date.
A temporary certification allowed an agency to appoint a person and send them to training within a one-year period following the date of appointment.
School certification established (academies).
Basic Peace Officer Course (BPOC) created as 140 hours minimum with 1 year allowed for training.
Field services division created.
Minimum standards for employment set, including high school diploma or GED.
Rule prohibited peace officer from being employed if convicted of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUID) with 10 years or ever convicted of a felony.
Authorization for reserve law enforcement officers. Requiring certification prior to appointment and one year to obtain training.
Fred Toler appointed executive director.
BPOC increased to 240 hours.
Basic reserve course of 70 hours created.
House Bill (HB) 1203 requires reporting of appointments and training.
Disqualification for felony conviction established.
Mental examinations required for licensure as a peace officer or reserve.
Psychological examinations recommended for licensure as a peace officer or reserve.
HB 451 establishes the LEOS training fund.
Only six months allowed for peace officer training. Laws changed to allow the same six months for reserves.
Began requiring supporting documents to accompany peace officer and reserve applications with each employment. Date of appointment was date received; no backdating of files.
Became mandatory to submit supporting documents with application, with penalty for non-reporting.
Certification of county jailers begun. Grandfather clause created for existing jailers. One-year temporary jailer license.
Psychological statement required with applications.
Senate Bill (SB) 544 establishes peace officer firearms proficiency.
Rule prohibited peace officer and reserve officers from being appointed if convicted of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUID) with 10 years or ever convicted of a felony.
Basic County Corrections Course (BCCC) approved for 36 hours.
BPOC increased to 320 hours.
Required probationary period for peace officers and reserves changed back to one year.
Licensing was begun – appointment standards same for peace officers, reserves, and county jailers.
“L” series forms created. Use of L-1A without supporting documents was begun.
Language added to 4413-29(aa) to allow Commission set rule for reactivation of peace officer license.
SB 544 established weapons proficiency requirement for peace officers.
Instructor certificates became permanent.
Licenses printed and distribution by field representatives began.
Licensing exams required for each license issued.
SB 155 required all applicants for licensure to be of good moral character.
Legislation became effective that provided for suspensions of licenses in addition to revocation.
New legislation required 2 FBI fingerprint cards, CCH and L-3 Psychological Statement to be submitted with the L-1A if the individual has been out of law enforcement for a period of 180 days.
Added to Art. 2.12, C.C.P. – water district personnel under 51.132, certain port authorities and state medical examiners.
Note: During this period, beginning in October, all peace officer grandfathers were given a chance (notified by mail) to pass the state licensing exam in order to “get out from under the grandfather clause.” Those passing the exam were issued Basic Peace Officer certification. The last test date for grandfathering was 8/31/1984.
SB 155 set continuing education training requirements for peace officers established. Agencies to provide a training program during a 24-month period, not to exceed 40 hours. Commission must approve courses.
not ever confessed to a felony.
U.S. citizenship required.
F-6 forms discontinued. Class rosters keypunched and kept by Academy Evaluation section.
Crime Prevention Inspector certificates added to Commission certifications.
Grandfather licenses expired if the officers left their current agencies.
Grandfather certificates no longer issued and grandfather officers no longer exempt from training requirements if newly employed after 9/1/1984.
BCCC increased to 40 hours.
Out-of-state officers and applicants with college degrees given three chances to pass the state licensing exams.
Reserve officers with degrees required to test for compliance with training.
Basic Peace Officer certificates and permanent licenses as well as Basic Reserve Certificates and permanent licenses will be issued if an L-1 is on file, training passed, and exam passed. (1 year of employment no longer required.) Jailer certificates and permanent licenses issued after 1 year of service.
Certificates and licenses are issued on a weekly basis rather than monthly.
Fingerprint cards classified by the FBI no longer have to be on file in order to issue the licenses and certificates.
Constable appointed on or after 9/1/1985 has two years to become licensed.
HB 1592 authorizes re-activation procedures.
HB 1592 changes the licensing ages.
BPOC increased to 400 hours.
College degree in law enforcement is no longer sufficient to qualify to take licensing exam. Now 7 course courses are required, as well as Law Enforcement 1 and Law Enforcement 2.
Advanced - 124 hours
Those who have been reserves and have been trained as such are “grandfathered” to Intermediate Reserve status.
Reserves who complete the basic peace officer course and pass the peace officer licensing exam are issued Basic Peace Officer certificates and permanent peace officer licenses.
Equating reserve training and in-service training to 240 hour basic peace officer course allows reserves to take peace officer licensing exam.
L-3 Psychological form requires licensed psychologist or psychiatrist to sign approval. (Ref. Rule 211.98 for exception.) L-2 Physical form now includes Drug Dependency Statement.
Reserves and jailers begin to be tested after completing basic reserve and basic county jailer courses.
Reserve training now becomes creditable towards peace officer certification.
All 9995 (basic peace officer), 9998 (basic reserve) and 9997 (basic county jailer) courses are converted to new numbering system of 1000, 1002, and 1005.
Temporary licenses for peace officers and reserves are discontinued. County jailers still have one year to receive training and pass the state licensing exam.
Provisional license rule is approved, allowing for the issuance of a provisional license under certain conditions such as manpower shortage.
Peace officer and reserve officer minimum age exception rule approved and made effective. The rule thus requires an age of at least 21 unless the applicant has completed training or enrolled in basic training prior to 7/1/1986, has two years in the military and discharged, or has an Associate’s Degree or a total of 60 college semester hours. County jailer age requirements remain at 18 years.
L-1, L-2, and L-3 forms are revised. L-2A Drug Dependency Statement is added to back of L-2, for use in reporting subsequent employment after already being licensed.
Peace officers and reserves must be trained and licensed prior to appointment.
$5.00 fee charged for duplicate license or certificate, along with written request. Fee must be cashier’s check or money order.
Eligibility to test handled by district team leaders rather than licensing. This included reactivations as well as out-of-state and college equivalents.
Intermediate core courses are required for peace officer intermediate certification, if the Basic Peace Officer certificate is issued after 1/1/1987.
Reactivation rule passed, requiring training and/or passing of re-entry test if peace officer (previously licensed) has been out of service (including reserve status) for the past two-year period. Peace officer is allowed to take the re-entry test once without training. If the test is failed, then the applicant must complete the re-entry training and pass the test. Rule states that the applicant is “unlicensed” and is not eligible to work as a peace officer until after the test is passed (Effective date is 1/1/1987, enforced 5/1/1987).
Eligibility to test based on out-of-state reserve training or out of state jailer training, provided that the other state has a certification or licensing requirement.
Rule 211.101, Voluntary Surrender of License becomes effective 2/1/1987.
Enforcement of reactivation rule begins.
Amendment to rule 211.74, Licensing Examination allows for any person designated by the Executive Director to serve as “proctor” and no longer requires a member of the Commission be present to administer the state licensing exam.
SB 929 created the Investigative Hypnosis certificate.
Commission continues in existence until September 1, 1993 (Sunset Act).
VCS Article 4413(29aa) re-codified to Government Code 415.
Public Security Officer appointment added. Licensing course and exam developed.
Telecommunicator training required.
Conditional reserve licenses replaced reserve licenses.
Not on probation for any criminal offense above Class C misdemeanor.
Academy licenses established.
Agreement training established.
Psychological examination required after break in service established.
SB 892 creates the Texas Peace Officers’ Memorial project.
Training in the recognition of cases involving child abuse or neglect added to the continuing education requirements.
Agency instruction required for recognition of child abuse or neglect, family violence, or sexual assault.
SB 992 created the Law Enforcement Achievement Awards.
Investigative Hypnosis certificate established.
The holder of an inactive peace officer license must reactivate their license to work as a reserve.
City Marshals elected on or after 5/26/1989 have two years to become licensed. Grandfather exemption is good only until elected.
20 hours of civil process training required for constable or deputy constables. Requirement may be waived if a hardship exists.
Commission continues in existence until September 1, 1997 (Sunset Act).
Intermediate and Advanced Jailer Proficiency certificates are created. Intermediate core courses are required of jailers who receive their Basic Jailer certificate after 3/1/1993.
Master Peace Officer certificate created. An application must be completed to receive the certificate.
SB 252 added Section 614.061 to the Health and Safety Code to require a Memorandum of Understanding (MOU) with Texas Council on Offenders with Mental Impairments and Texas Commission on Jail Standards for continuity of care for offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill.
a peace officer appointed to their first supervisory position must receive in-service training on supervision during the 24-month period after the date of appointment.
Agencies that appointment reserve law enforcement officers, county jailers, or public security officers may provide each of those with education and training in civil rights, racial sensitivity, and cultural diversity every 24 months.
SB 339 establishes licensing requirement for sheriffs.
Dr. D.C. “Jim” Dozier appointed executive director.
BPOC increased to 560 hours.
Mental Health Officer proficiency certification established.
Appointing agency maintains licensing documents.
Appointment of a convicted felon is a state jail felony.
Retired state employees (licensed before Jan. 1981 and current on Jan.1, 1995) are exempt from continuing education requirements.
SB 1135 requires agencies to provide the details of separation (F-5) from that agency. These notices are made available to agencies by a signed release from an applicant. An attempt to combat “Gypsy Cops.”
not been convicted of above a Class C misdemeanor within the past 5 years.
Requirement for citizenship removed.
BCCC increased to 80 hours.
HB 1856 continues the Commission until September 1, 2009 (Sunset Act).
SB 367 establishes minimum training and certification requirements for Contract Jailers.
(G) disciplinary actions and the appeal of disciplinary actions.
HB 1881 requires initial and continuing education for police chief in each 24-month period (96.641 Education Code).
HB 2909 requires MOU with Texas Department of Criminal Justice to create Supervision Officer Firearms certificates - Holders must re-apply every two years.
HB 1859 requires a risk assessment method to be established for training provider evaluations.
Firearms Instructor Proficiency certificates created. Grandfather status given for all training prior to 3/1/1999, after which a Commission course is required to be completed.
Texas Peace Officers’ Memorial dedication.
HB 2023 authorizes the executive director to commission officers to investigate violations of 1701 Occupations Code.
HB 2009 requires Constables to obtain a license within 270 days of taking office.
HB 3155 re-codifies 415 Government Code to 1701 Occupations Code.
HB 957 recognizes reserve officers with peace officer licenses as peace officers and must comply with the 40-hour training requirement.
Academic Recognition Award established.
HB 2971 allows for TDCJ-trained personnel to be appointed as part-time county jailers without meeting training requirements of 415.054 (1701.310).
Civil Process Certificate established.
Decision made to allow contract jail license holders to use current training and testing if going to work at a county jail facility. Contract license must be valid or two-year rule would apply on training and testing.
Rules revised to reflect Occupations Code.
is not prohibited by state or federal law from possessing firearms or ammunition.
Fee schedule to be adopted and published.
Fingerprint cards no longer sent to the Commission with the L-1.
HB 815 provides that the next of kin of a deceased Texas peace officer may request a state flag.
SB 1074 added racial profiling to continuing education requirements for peace officers.
SB 563 added criminal asset forfeiture proceedings to continuing education requirements.
HB 2881 amends peace officer continuing education requirements so that civil rights, racial sensitivity, and cultural diversity; and recognition of cases that involve child abuse, child neglect, family violence, and sexual assault, are to be taken once every 48 months.
HB 2585 requires motorcycle operator profiling awareness and sensitivity training.
HB 3491 requires training on dual arrests and the determination of predominant aggressors in family violence situations.
Spanish added to basic peace officer curriculum, hours expanded to 576.
Basic reserve course no longer taught.
POSEIT training available.
the commission may approve the application of a person who was convicted for a Class B misdemeanor at least five (5) years prior to application if an agency administrator sufficiently demonstrates in writing with supporting documentation that mitigating circumstances exist with the case and with the individual applying for licensure, and that the public interest would be served by reducing the waiting period
U.S. citizenship added.
SB 1567 moved the Texas Peace Officers’ Memorial from 1701 Occupations Code to 3105 Government Code.
SB 117 allows certain retired peace officers to carry weapons.
SB 473 adds Identity Theft training for peace officers.
Intermediate and Advance Reserve Courses no longer taught.
Rule amended to issue county jailer licenses to contract jailers.
Crisis Intervention Training (CIT) and Standardized Field Sobriety Testing (SFST) added to BPOC, increases to 618 hours.
BCCC increased to 96 hours.
HB 1588 established initial and continuing education required for constables.
HB 1438 requires the Commission to credit a peace officer with meeting the continuing education requirements if during the relevant 24-month period the peace officer serves on active duty as a member of the U.S. military for at least 12 months.
SB 1473 (Bob Meadours Act) requires training programs for law enforcement officers regarding persons with mental impairments (CIT).
HB 2677 required the terminating agency to identify the type of separation.
Tim Braaten appointed executive director
Fee increased to $250 for Certification of Reactivation of an Expired License and Reinstatement of Suspended or Expired License.
4 Field Service Agent (FSA) positions authorized.
HB 486 allows the Commission to establish a uniform continuing education training period for chiefs of police.
3 additional FSAs authorized.
allows for a hearing to change the F5 report.
HB 487 allows the Commission to establish a uniform continuing education training period for constables.
HB 1955 waives the reinstatement fee for retired officers.
HB 3167 clarifies civil process training waivers for deputy constables.
HB 488 allows revocation of a license for officers elected under the Texas Constitution.
HB 1492 of the 81st Legislative Session allows Achievement Awards to be presented for 20 incidents and accomplishments per year.
HB 2991 provides exemption of certain honorably retired special rangers and special Texas Rangers from certain required law enforcement education and training programs regarding persons with mental impairments.
SB 1303 requires law enforcement agencies that employ one or more peace officers to designate a firearms proficiency officer and require each peace officer to demonstrate weapons proficiency to the firearms proficiency officer at least annually.
HB 2799 adds reporting responsibilities to a person who qualifies for a peace officer license but has not yet been appointed as a peace officer.
SB 1237 requires MOU with Texas Juvenile Probation Commission - allows certain juvenile probation officers to carry firearms.
HB 2580 establishes a peace officer employment opportunity Internet website by Workforce Commission in conjunction with the Commission.
HB 2068 requires an identification card for certain retired peace officers under 1701.357.
HB 4009 establishes a victim assistance program to provide services to domestic victims of trafficking, requires an officer first licensed by the Commission on or after January 1, 2011, to complete within a reasonable time after obtaining the license a one-time basic education and training program on the trafficking of persons, adds a requirement for an intermediate or advanced proficiency certificate issued by the Commission on or after January 1, 2011, an officer must complete the basic education and training program on the trafficking of persons
HB 2093 includes county jailer as a license qualifying for Mental Health Proficiency Certificate.
HB 846 limits information required for the license or certificate renewal process for emergency medical services personnel and certain law enforcement officers.
Chief Administrator Responsibilities for Class B Waivers was amended to explain the chief administrator’s responsibilities for the waiver request process for individuals with a Class B conviction or deferred adjudication within 5 years.
Enrollment Standards was amended to remove the 12 college hour requirement from applicants with GEDs in accordance with HB 3389. It was also amended to add factors considered for mitigating circumstances, and to clarify enrollment requirements for basic peace officer licensing courses. It was also amended to identify examinations required for enrollment to basic peace officer licensing courses, and to clarify that academies may establish additional enrollment standards.
Continuing Education Credit for Licensees was amended to provide for refusal of licensing or certification courses by unlicensed or non-contractual training providers.
Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police was amended to provide clarity for the eligibility requirements for out-of-state peace officers to qualify for an endorsement to attempt a state licensing examination. It was also amended to add the military police occupational specialties, training, and service time requirements.
Crime Prevention Inspector Proficiency was removed due to the repeal of Section 5.33A, of the Insurance Code.
Firearms Proficiency for Community Supervision Officers was amended to reflect weapons proficiency requirements for community supervision officers. It was also amended to include an expiration date for certificates issued, and stipulates requirements for renewal of the certificate for community supervision officers.
Contested Cases and Hearings was amended to allow for the Commission to recover transcription fees as allowed under §2001.059 of the Government Code.
Public Information was amended to include the Commission’s jurisdictional complaint process. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.202 from House Bill 3389, Section 9.
Establishment of an Appointing Entity was added as a new rule to identify the effective date for law enforcement agency applications and the specific information required for a law enforcement agency reporting number. It also identifies the requirements for correctional facilities, consolidated emergency telecommunications centers, and probation or parole departments. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.163 from House Bill 3389, Section 7.
Forms and Applications was amended to incorporate electronic submission of documents. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.153 from House Bill 3389, Section 5.
Law Enforcement Agency Audits was added as a new rule to require the Commission to audit all law enforcement agencies at least once every five years. It also identifies the documents to be reviewed during an audit, and identifies the parties that will be notified of the audit results and how to address the correction of deficiencies. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.162 from House Bill 3389, Section 7.
Reporting Responsibilities of Individuals was amended to identify the reporting requirements for individuals already licensed and those awaiting licensure. These requirements include: name and address changes; arrests, charges or indictments; final disposition of criminal actions; and military separations. These changes are necessary to incorporate the changes to Texas Occupations Code §1701.307 from House Bill 2799.
Responsibilities of Agency Chief Administrators was amended to include the reporting requirements of incident-based data collected for racial profiling. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.164 from House Bill 3389, Section 8.
Risk Assessment was amended to reflect the terminology change of “placed on at-risk probationary status.” It was also amended to include a timeline and procedure for tracking a training provider’s progress toward compliance. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.254 from House Bill 3389, Section 13.
Reporting the Appointment and Termination of a Licensee was amended to allow for the electronic submission of requests and to identify the verification requirements. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.451 from House Bill 3389, Section 19.
Contesting an Employment Termination Report was amended to reflect a procedural change that upon review of the petition, the Executive Director will refer the dispute to SOAH. The amendment also identifies that the commission is not a party to these contested cases. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.4525 from House Bill 3389, Section 20.
Legislatively Required Continuing Education for Licensees was amended to identify the continuing education requirements for individuals licensed as peace officers, county jailers, and reserves. These requirements include: changes to the laws of this state and of the United States pertaining to peace officers; civil rights, racial sensitivity, and cultural diversity; de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; and unless determined by the agency head to be inconsistent with the officer's assigned duties: the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; issues concerning sex offender characteristics. These changes are necessary to incorporate the changes to Texas Occupations Code §1701.351 from House Bill 3389, Sections 15 and 16. Additional amendments are necessary to incorporate the changes to Texas Occupations Code §1701.351 from House Bill 4009, Section 5.
Firearms Proficiency Requirements was amended to require an agency that employs or appoints one officer to qualify at least once per year. It also clarified the type of rifle as a precision rifle. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.355 Continuing Demonstration of Weapons Proficiency from Senate Bill 1303.
Proficiency Certificate Requirements was amended to clarify that proficiency certificates issued by the commission are not required or a prerequisite for establishing proficiency or training. Firearms Proficiency for Juvenile Probation officers was included. It was also amended to identify the items that cause an application to be refused and to allow for cancelation of unqualified certificates or false applications. It also specified that academic degrees must be from an accredited college or university. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.507 from House Bill 1237.
Peace Officer Proficiency was amended to incorporate the course requirements for Basic, Intermediate, and Advanced Peace Officer certificates. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.402 from House Bill 3389, Section 17 and House Bill 4009, Section 6.
Mental Health Officer Proficiency was amended to include the eligibility of licensed county jailers, and to reflect the correct title of the required training course. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.404 Certification of Officers for Mental Health Assignments from House Bill 2093.
Firearms Proficiency for Juvenile Probation Officers was added as a new rule to identify the requirements for obtaining this proficiency certificate, weapons proficiency requirements for juvenile probation officers, and the expiration date and renewal requirements for juvenile probation officers certificates. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.507 from House Bill 1237.
License Action and Notification was amended to identify violations by a licensee that the commission may take action on. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.501 from House Bill 3389, Section 22.
Administrative Penalties was added as a new rule to identify that law enforcement or governmental agencies are subject to an administrative penalty. Notification requirements and criteria of an administrative penalty were added. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.507 from House Bill 3389, Section 23.
Suspension of License was amended to identify convictions and court ordered community supervision situations that would cause the commission to take action against a licensee. These amendments are necessary to incorporate the changes to Texas Occupations Code §1701.1524 from House Bill 3389, Section 7.
Definitions were amended to delete ex-officio members per HB 3389 and added definitions for accredited college or university, high school diploma, home school diploma, and renewed (to continue an active license).
Reactivation was amended to remove retired officers from this section.
Retired Peace Officer Reactivation was added as a new rule to reflect requirements for retired peace officers reactivating their license.
Examinations was amended to clarify that a basic licensing course must be taken after three failures to re-qualify.
Surrender was amended to remove the term “voluntary”.
Forms and Applications was amended eliminate redundant wording in the 30 day time frame to report appointments.
Training Coordinator was amended to reflect “training provider” language rather than “advisory board”.
Reporting Appointment and Termination of a Licensee was amended to clarify that a department can only appoint an individual with an active license.
Jailer Proficiency was amended to incorporate the course requirements for Basic and Intermediate Jailer certificates.
Firearms Proficiency for Community Supervision Officers was amended to correctly identify the entities that appoint community supervision and parole officers. It was also amended to allow for renewal before expiration.
Firearms Proficiency for Juvenile Probation Officers was amended to clarify the requirements of this certificate, and to clarify requirements for renewal of this certificate.
Reinstatement of a License was amended to clarify the requirements for one whose license has been suspended for a violation of commission rules. It was also amended to specifically address reinstatement due to lack of continuing education.
Issuance of Jailer License through a Contract Jail Facility was amended to clarify that a contract jail facility can only appoint an individual with an active license.
Issuance of Peace Officer License through a Medical Corporation was amended to clarify that a medical corporation can only appoint an individual with an active license.
Continuing Education Credit for Licensees was amended to list the documentation requirements for law enforcement agencies submitting continuing education.
Date of Licensing or Certification clarify that initial license issue date reflects initial appointment date.
Academy Licensing was amended to make the application process more user friendly, to streamline the needs assessment process, and streamline the inspection process.
Contractual Training was amended to make the application process more user friendly and to streamline the needs assessment process.
Academic Alternative Licensing was amended to make the application process more user friendly and to streamline the needs assessment process.
Basic Licensing Enrollment Standards had a title change to add the words “Basic Licensing” to accurately reflect these as standards for all basic licensing courses. It was also amended to include conviction requirements, education requirements, and medical and psychological requirements for all basic licensing courses.
Contesting an Employment Termination Report was amended to include a standardized form for submitting a petition.
Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police was amended to remove the requirement of equivalent course topics and hours of training at the time of initial certification or licensure. It also removed the requirement that years of service had to follow initial basic training with an agency in the state where the license or certificate was issued. These changes were necessary to remove barriers for officers from other states to be eligible for licensure in Texas
Advanced Instructor Proficiency was introduced as a new proficiency certificate.
Suspension of License was amended to remove the ability of the Commission to suspend an inactive license due to expiration, involuntary surrender, two-year break in service for clarity.
Suspension of License for Constitutionally Elected Officials was amended to remove the ability of the Commission to suspend an inactive license due to expiration, involuntary surrender, two-year break in service for clarity.
Revocation of License was amended to remove the ability of the Commission to suspend an inactive license due to expiration, involuntary surrender, two-year break in service for clarity.
Revocation of License for Constitutionally Elected Officials was amended to remove the ability of the Commission to suspend an inactive license due to expiration, involuntary surrender, two-year break in service for clarity.
Emergency Telecommunications Proficiency was amended to provide clarification for individuals seeking Emergency Telecommunications Proficiency Certificates regarding training and years of service.
Retired Peace Officer Reactivation was amended to ensure that a retired peace officer reactivating a license must meet the current licensing standards.
Eligibility to Take State Examinations was amended to ensure that an individual must meet the current licensing standards for an endorsement to remain valid.
SFST Instructor Proficiency was amended to allow qualified instructors without this certificate to teach SFST.
Standardized Field Sobriety Testing (SFST) Proficiency was amended to clarify that this proficiency certificate is not a requirement to perform SFST.
Cybercrime Investigator Proficiency was added to provide recognition for investigators specially trained in cybercrimes.
Renew is deleted to reflect previous rule changes
Reporting the Appointment and Termination of a License subsection (a) is amended to allow for the electronic submission of requests. Subsection (a)(1)(B) is amended to match definitions used throughout the rules. Subsection (b) is added to identify the verification requirements.
Responsibility of a Law Enforcement Agency to Report an Arrest of a Peace Officer or County Jailer was amended to remove ”Peace Officer” and “County Jailer” from the title due to a statutory reporting requirement change and to be consistent with other rules. Subsection (a) is amended to allow an arresting agency to be held reasonably accountable after receiving formal notice of such appointment status and to incorporate the statutory reporting change.
Reporting Responsibilities of Individuals subsection (a)(6) is amended to the categories of military discharges and comply with changes in other rules.
Training Provider Advisory Board subsection (b) is amended to require training of advisory board members, to include a timeframe for course completion.
Minimum Standards for Initial Licensure subsection (a)(1)(B) is amended to match definitions used throughout the rules. Subsection (a)(13) is amended to clarify the types of discharge allowable for licensure.
Reactivation of a License subsection (d) is deleted in order to be consistent across all licenses issued by the Commission. Removed jailer licenses issued after March 1, 2001, after which all jailer licenses are subject to reactivation rather than reinstatement.
Advanced Instructor Proficiency subsection (a)(1) is amended to remove experience as a licensee to qualify. Subsection (a)(2) is amended to require the completion of the commission’s advanced instructor course.
Revocation of License subsection (a) is amended to delete conflicting language and to refer to an additional subsection. Subsection (b) is deleted as it was unnecessary. Subsection (c) is added to broaden the scope of jurisdictions for which a criminal offense will be considered by the commission. Subsection (e) amended to narrow the categories of military discharges that shall result in revocation of a license and to be consistent with other rule changes on military discharges. Subsection (g) is amended to remove the word “conditionally”.
Law Enforcement Agency Audits subsection (b)(1) is amended to identify records that are available for audit. A new subsection (e) is added to require a follow-up of deficiencies. Subsection (f) is amended to clarify administrative penalties for continued deficiencies.
Risk Assessment subsection (f) is amended to clarify the enforcement process for providers found at-risk.
Contractual Training subsection (l) is added to clarify the enforcement process for contractual providers found at-risk.
Standardized Field Sobriety Testing (SFST) Proficiency was removed as it did not relate to a licensee’s training to conduct Standardized Field Sobriety Tests as instruction is included in the Basic Peace Officer Course.
Revocation of License for Constitutionally Elected Officials subsection (c) is amended to clarify the options for revocation based on an offense directly related to the duties of the office held. Subsection (d) is amended to delete references to inapplicable requirements. Subsection (g) was amended to remove unnecessary notification requirements.
Proficiency Certificate Requirements was added to allow certificate holders to make application, with supporting documentation, to change the issue date of certificates. Staff must verify the accuracy of the submission before a certificate will be reissued.
Kim Vickers appointed executive director
HB 1402 exempts persons licensed under 1701 from Occupations Code Chapter 53.
Adds an offense for employing or retaining an unqualified telecommunicator.
SB 244 allows peace officer who is second in command to a police chief to attend a program from Bill Blackwood to be exempt from continuing education requirements under 1701.351 and 1701.352.
Identifies the training requirements for a chief of police.
Allows all information related to separation subject to subpoena
Definitions were added and amended, for “Fit for duty”, “Background Investigation”, “Diploma mill”, “Distance education”, “Telecommunicator” and “Lesson Plan”, and deleted for “Endorsement” and “Alternative Delivery.”
Fitness for duty was added to the requirements for the establishment of an appointing entity.
Court martial was removed from the reporting responsibilities of individuals.
Responsibilities of Agency Chief Administrators now includes an obligation for chief administrators to determine fitness for duty and provide training requirements from Texas Occupations Code Chapter 1701
Academy Licensing was changed to include approval for any licensing distance education courses
Contractual Training was amended to reflect a new definition; changes for distance education; subsection (i) is deleted due to changes in the distance education process
Academic Alternative Licensing was amended to reflect the electronic approval for licensing examinations.
Training Coordinator was amended to clarify course reporting requirements.
Basic Licensing Enrollment Standards was amended to reflect that other providers may conduct basic licensing courses. Amended to reflect the changes in drug testing from SB 542; amended to incorporate the new guidelines for psychological examinations; dishonorable discharge is added.
Basic Telecommunicator Enrollment Standards was added as a new rule which incorporates training requirements for telecommunicators from HB 3823.
Minimum Standards for Initial Licensure was amended to incorporate the new guidelines for psychological examinations; amended to reflect the changes in drug testing from SB 542; amended to remove court martial as it is too restrictive.
Application for License and Initial Report of Appointment was amended to remove the “less than 20 exemption” as deleted by HB 3823.
Reporting the Appointment and Termination of a Licensee was renamed to include all “appointees”; amended to reflect changes to reporting separation of licensees; Sub (g) is added to clarify the reporting requirements for telecommunicators. Sub (i) amended to reflect separation document changes from SB 545.
Contesting an Employment Termination Report was amended to reflect changes made by SB 545. Sub (c) is repealed. Sub d, e, f, g, amended to correct cities affected by the repeal of (c).
Continuing Education Credit for Licensees was amended to clarify documents required for training submitted under a departmental training roster.
Legislatively Required Continuing Education for Licensees was expanded to include Sub (e) which reflects training requirements from HB 3823. Sub (h) amended to reflect changes made by SB 545.
Waiver of Legislatively Required Continuing Education was amended to accurately reflect the training requirements of 1701.354, Continuing Education for Deputy Constables.
Reactivation of a License was amended to clarify the application process for reactivation of a license; clarify the examination requirement for reactivation of a license.
Eligibility to Take State Examinations now includes officers with training from other states, federal, and military as well as deleting out-of-date language.
Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police now reflects the electronic examination process; clarifies the application process.
Examination Administration was amended to establish consistency of the electronic examination process.
Examinee Requirements now establishes a consistent methodology for the attempting the licensing examination, includes changes from SB 867, and reflects the electronic examination process.
Emergency Telecommunications Proficiency was amended to reflect the changes of HB 3823.
Administrative Penalties was amended to clarify the types of violations and corresponding penalties imposed on law enforcement agencies and governmental entities.
Suspension of License was amended to clarify categories of offenses and administrative violations that lead to license suspension, institutes mandatory minimum terms of suspension, and deletes out-of-date language.
Suspension of License for Constitutionally Elected Officials was amended to clarify categories of offenses and administrative violations that lead to license suspension, institutes mandatory minimum terms of suspension, and deletes out-of-date language.
Reinstatement of a License was amended to establish consistency of the electronic examination process.
Revocation of License was amended to add additional categories of revocation and to remove court martial as it is too restrictive.
Chapter 221 name changed from “Proficiency Certificates and other Post-Basic Licenses” to “Proficiency Certificates”
223.17 Reinstatement of a License
Restore was deleted as the term or the action is not used in current rules.
Minimum Standards for Initial Licensure subsections (a)(12)(B), (e)(2), (g), (h), (i), and (j) were amended to provide continuity in referencing legal codes. Subsection (i)(3) was deleted to comply with Texas Occupations Code §1701.311, Provisional License for Workforce Shortage. Subsection (j)(3) was deleted to comply with Texas Occupations Code §1701.310, Appointment of County Jailer; Training Required. Statute provides that training must be completed before the first anniversary from the date the temporary jailer was appointed.
Subsection (e) was added to require agency to comply with requirements of subsection (a) for appointees with more than 180 day break in service (requires employment reports from TCLEOSE, background investigation, written consent form, must obtain service and educational records, and must contact previous law enforcement employers).
Legislatively Required Continuing Education for Licensees subsection (e) was deleted as telecommunicator training is not “continuing” education. Telecommunicators are not licensees. Education requirements will be included in §217.2 Minimum Standards for Telecommunicators.
5. Pass licensing exam.
Requirements for licensees with less than two years break, two to five year break, and more than five year break were also added.
(d) was added to exclude this subsection for licensees exempted from continuing education requirements under Texas Occupations Code 1701.356 (if exempted from continuing education then licensee that meets the requirements of 1701.356 can never be delinquent in meeting training requirements.)
(g) If licensee is not licensed within 2 years from date of successful completion of licensing exam the licensing course must be repeated.
(h) was amended to omit redundancy in current requirements to make application and submit required fees.
Peace Officer Proficiency subsection (a)(3) was added as a requirement for basic peace officer certificate. It has been a requirement and needed to be added to this section. Subsection (a)(4) was added to comply with §1701.258 requiring training in Human Trafficking.
Surrender of License subsections (f) and (g) were deleted as they were not applicable to license surrender. Once a person surrenders a license, they no longer have a license to reinstate and must complete a licensing program to obtain another license, having to meet the requirements of 215.15 Basic Licensing Enrollment Standards.
The definition of “Diploma Mill” was changed to conform with the scope of state regulatory power regarding recognition of accreditation standards for secondary education.
A chief administrator is prohibited from appointing an applicant subject to pending administrative action based on ineligibility or statutory suspension or revocation.
Psychological and physical fitness must be determined within 180 days before enrollment, acceptance, or entry into a licensing course.
Psychological and physical fitness must be determined within 180 days before appointment.
An agency is required to submit an F-5 Report of Separation for a licensee not appointed within 30 days after the agency submits an application for appointment.
The commission may deny an application for licensure or refuse an appointment for a person subject to a pending administrative action based on ineligibility or statutory suspension or revocation. A chief administrator is prohibited from appointing an applicant subject to pending administrative action based on ineligibility or statutory suspension or revocation.
Other than duty ammunition may be used to meet firearms proficiency requirements.
Civil Process proficiency certificate no longer requires the holder to be a full-time salaried officer. It also limits the validity to two years, and requires civil process training to renew.
Cybercrime Investigator proficiency certificate no longer requires the holder to be a full-time salaried officer. Certificate validity is limited to two years, and requires an update course and/or primary assignment as a cybercrime investigator to renew.
Crime Prevention Specialist proficiency certificate was added. It requires one year experience in a crime prevention assignment, completion of required courses, and passing a proficiency examination. Certificate validity is limited to two years. Keeping the certificate requires an update course or primary assignment as a crime prevention specialist every two years.
Changes to the rules governing the suspension of a license by allowing the commission discretion to consider circumstances beyond the current list of mitigating factors.
Special Investigator proficiency certificate was changed to the Sexual Assault/Family Violence Investigator proficiency certificate. Certificate validity is limited to two years, and requires an updated course or be assigned primarily as a sexual assault/family violence investigator once every two years.
The name of the certificate was changed to better reflect the purpose of the certificate. Keeping the certificate requires an update course and or primary assignment as a cybercrime investigator once every two years.
Court Security Specialist proficiency certificate was added and requires individual to be a licensed peace officer or jailer, complete a commission approved courses, is valid for two years, keeping the certificate valid requires an update course or be assigned primarily as a court security practitioner once every two years.
Administrative penalty amounts were added allowing the commission to impose monetary penalties against a law enforcement agency or governmental entity for violations of commission statutes or rules. Aggravated and mitigating circumstances can be considered in determining final penalty amounts. The executive director can enter into agreed orders. The law enforcement agency or governmental entity has the opportunity to challenge alleged violations.
If a telecommunicator appointment is made after a 180-day break in service, the agency must notify the commission of the appointment no later than seven days after the appointment. An agency may not submit a separation report prior to the exhaustion of administrative appeals.
SB 686 changes name of Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to Texas Commission on Law Enforcement (TCOLE)
HB 1009 Created the School Marshal program. TCOLE to establish training program effective 01/01/2014.
HB 1951 requires the licensing and regulation of telecommunicators. Licenses to be issued 01/01/2014.
SB 965 changes F-5 separation amendment procedure to require issuing agency to replace original F-5 with the corrected F-5 on file.
HB 3559 renamed the Texas Peace Officers’ Memorial to Texas Peace Officers’ Memorial Monument and changes responsibility for continued maintenance to the State Preservation Board.
The number of training providers that one person may represent at the annual TCOLE training coordinators conference is limited to one. Each representative must be affiliated with the training provider. This is necessary to ensure that individuals attending the annual training coordinators’ conference have a vested interest in the training provider they represent. By preventing a single representative from appearing on behalf of multiple training coordinators, a coordinator will directly benefit from the training provided at the conference. As a result, training throughout the state will be improved and up to date.
Successful completion of a commission approved crisis communications course is required for telecommunicator minimum standards. This is necessary to ensure individuals applying for certification have crisis skills for the certification sought.
Training requirements for civil rights, racial sensitivity, and cultural diversity for a licensee who has completed or is exempted from such training under another commission license or certificate is eliminated. This is necessary to minimize training course duplication requirements.
Investigative Hypnosis proficiency certificate is valid for two years. Keeping the certificate requires an update course once every two years. This is necessary to ensure that officers holding the proficiency certificate are up to date with the most current information on training and technology.
School Marshal training program established per HB 1009
Missing service time is added as “authorized service time” for unreported telecommunicators, with proper documentation from the appointing agency.
TCOLE’s online training program, POSEIT is no longer available. Online courses are now taken through TCOLE Learning.
New website created to conform to agency name change and ease of use.
Chapter 229: Texas Peace Officers’ Memorial Monument, changed from Texas Peace Officers’ Memorial
Also, in response to the statutory creation of the school marshal program, the amendment defines “School Marshal.”
Reporting Responsibilities for Individuals now clarifies “licensee” to include telecommunicators. It also clarifies that a single military, not F-5 Report of Separation, dishonorable or bad conduct discharge is a disqualifier or violation. This new rule is necessary to conform to statutory amendments and clarify disqualifiers.
Law Enforcement Achievement Awards includes telecommunicator statute and clarifies military disqualifiers or violations.
Commission Authorization of Training Providers substitutes the term “licensing of training providers” to entering into “contracts with providers.” This is necessary to set out the Commission’s discretionary authority to enter into a contract with a training provider. There were no substantive changes to a training provider applicant’s previous responsibilities or duties under rule. This helps delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
General Application and Approval Process now outlines the Commission’s general approval process for all prospective training provider applicants. There were no substantive changes to a training provider applicant’s previous responsibilities or duties under rule. This new rule helps, delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Law Enforcement Academy Training Provider establishes specific requirements for a law enforcement academy training provider applicant. This is necessary to set out the Commission’s general approval process for all prospective training provider applicants. This new rule creates no substantive changes to a training provider applicant’s previous responsibilities or duties under rule. This new rule helps delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Other Training Providers establishes specific requirements for academy training provider applicants. This new rule is necessary to set out the Commission’s general approval process for all prospective training provider applicants. This new rule creates no substantive changes to a training provider applicant’s previous responsibilities or duties under rule. This new rule helps delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Academic Alternative Training Provider establishes specific requirements for academic alternative training provider applicants. This new rule is necessary to set out the Commission’s general approval process for all prospective academic alternative training provider applicants. With the exception of requiring an academic alternative program to conduct a comprehensive review subject to commission approval prior to licensing exam, this new rule creates no substantive changes to an academic alternative training provider applicant’s previous responsibilities or duties under rule. This new rule helps delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Training Provider Advisory Board now conforms rule to longstanding practice and other provisions by replacing “license” with “contract.”
Risk Assessment now conforms rule to longstanding practice and other provisions by replacing “license” with “contract.”
Basic Licensing Enrollment Standards was renumbered from 215.15 to 217.23. This rule consolidates and establishes basic enrollment standards for applicants. This new rule is necessary to delete redundant information, conform disqualifying family violence language with current suspension and revocation rules, clarify longstanding interpretation of previous rules related to disqualifying military discharges involving bad conduct, and remove telecommunicators from federal motor vehicle and firearm possession disqualifiers.
Telecommunicator Enrollment Standards was renumbered from 215.16 to 217.25. This rule consolidates and establishes basic enrollment standards for telecommunicator applicants. This new rule is necessary to delete redundant information, conform disqualifying family violence language with current suspension and revocation rules and clarify longstanding interpretation of previous rules related to disqualifying military discharges involving bad conduct.
General Contract Procedures and Provisions added to consolidate and establish general contract provisions with approved training provider applicants. This is necessary to consolidate and set out Commission’s general contract provisions with approved training provider applicants. This new rule creates no substantive changes to training provider applicant’s previous responsibilities or duties under rule and helps to delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Contract Cancellation, Suspension, and Termination streamlines approved training provider contracts. This new rule is necessary to consolidate and set out training provider contract cancellation, suspension, and termination provisions. This new rule creates no substantive changes to training provider applicant’s previous responsibilities or duties under rule and helps to delete, renumber, and organize redundant information regarding training provider application, approval, and contract provisions.
Minimum Standards for Initial Licensure conforms disqualifying military discharges and family violence language to current suspension and revocation rule. It also clarifies to reflect longstanding interpretation of previous rules related to disqualifying military discharges involving bad conduct.
Denial and Cancellation adds “school districts” to list of entities who may not appoint an unqualified person under Commission standards, in response to the statutory creation of the school marshal program. In order to protect Texans from exposure to ineligible license holders or applicants, it is necessary to deny appointment or issuance of a license pending a determination of eligibility or administrative sanction. Also, school districts are added to this section under the legislatively created “School Marshal” program.
Reporting Appointment and Separation of a Licensee Adds telecommunicators to agency appointment requirements. It also removes redundant cross-referencing to other rule numbers.
Contesting an Employment Termination Report Clarifies how reports of separation will be changed after an F-5 Report of Separation hearing. This is necessary to conform with statutory amendments by adding telecommunicator as a licensee entitled to an F-5 Report of Separation. Also, instead of issuing orders to the chief administrators, administrative law judges will now instruct the Commission to make any necessary changes after an F-5 Report of Separation hearing. The amendment(s) further removes redundant cross-referencing to other rule numbers.
Continuing Education Credit for Licensees was renumbered from 217.9 to 218.1 for organizational purposes. This ensures clear and concise requirements for licensees receiving continuing education credit. This is necessary to set out the Commission’s general approval process for all continuing education credit for licensees. This new rule creates no substantive changes to continuing education responsibilities or duties under rule. This new rule helps renumber and reorganize rules regarding licensee continuing education requirements.
Reporting Legislatively Required Continuing Education was renumbered from 217.13 to 218.5. This ensures clear and concise reporting requirements for licensees receiving continuing education credit. This is necessary to set out the Commission’s general approval process for reporting education credit for licensees. This new rule creates no substantive changes to continuing education responsibilities or duties under rule. This new rule helps renumber and reorganize rules regarding licensee continuing education requirements.
Waiver of Legislatively Required Continuing Education was renumbered from 217.15 to 218.7. This ensures clear and concise continuing education waiver requirements for licensees. This is necessary to set out the Commission’s general approval process for a waiver from continuing education credit for licensees. This new rule creates no substantive changes to continuing education responsibilities or duties under rule. This new rule helps renumber and reorganize rules regarding licensee continuing education waiver requirements.
Reactivation of a License was renumbered from 217.19 to 219.11. Establishes reactivation procedures for licenses to include school marshal licenses. In response to the statutory creation of the school marshal program, this rule is necessary to conform to statutory amendments by making school marshal licenses subject to commission license reactivation procedures. This rule sets forth reactivation requirements in relation to the period of time since a person’s last appointment. The requirements recognize the diminishing effect of time on a licensee’s skills and proficiency. The reexamination and retraining requirements are necessary to refresh and fully update the training, knowledge, and skills of a person who fails to be appointed or licensed after a certain period of time. The requirements and time periods are modeled on other state’s similar reactivation standards. It also removes redundant cross-referencing to other rule numbers and helps to renumber and organize rules regarding license reactivation requirements.
Retired Peace Officer Reactivation was renumbered from 217.20 to 219.13. This new rule is necessary to remove redundant cross-referencing to other rule numbers and helps to renumber and reorganize rules regarding licensee reactivation requirements for retired peace officers.
Firearms Proficiency Requirements was renumbered from 217.21 to 218.9. Ensures clear and concise firearm qualification requirements for licensees. The new rule is necessary to set out the Commission’s general approval process for firearms qualifications to clarify time period and types of weapons required for proficiency qualification.
Appointment Eligibility of a Telecommunicator adds appointment requirements for telecommunicators. This new rule is necessary to conform with statutory amendments by adding “telecommunicator” appointment eligibility requirements similar to other licensees. It is necessary to ensure that the public is served by telecommunicators who meet the same high standards as other Commission licensees.
Eligibility to Take State Examinations conforms rule with school marshal amendment by, when applicable and in addition to this rule, making school marshal licenses subject to reactivation requirements. In response to the statutory creation of the school marshal program, this amendment is necessary to conform to statutory amendments by adding school marshal licenses and remove redundant cross-referencing to other rule numbers.
This rule sets forth examination requirements in relation to the period of time since a person’s basic licensing training. The requirements recognize the diminishing effect of time on the basic licensing course skills. The reexamination and retraining requirements are necessary to refresh and fully update the training, knowledge, and skills of a person who fails to be appointed or licensed within a certain period of time.
Professional and technical competence as taught in a basic licensing course is paramount to commission licensees. Basic licensing course subject matter must be mastered as demonstrated by passing an examination. As such, multiple examination failures demonstrate an unacceptable lack of retention in basic licensing course instruction. Thus, to ensure the public’s safety, welfare, and trust in the regulated community, a licensing course must be repeated until competence is demonstrated.
As for school marshals, due to possible changes in training and changes to the school marshal program itself, the requirement that an individual be licensed within two years from the date of their successful completion of the licensing exam is necessary. As with any new licensing course, after re-evaluation of the program by the commission, changes may be required.
License Requirements for Persons with Military Special Forces Training was added to conform with SB 162. This new rule establishes procedures for licensing qualified former special forces members. This is necessary to conform with statutory amendment giving the Commission authority to adopt rules allowing former special forces members to take the basic licensing examination.
Advanced Instructor Proficiency was amended to conform to statutory agency name change.
Administrative Penalties was amended to include administrative penalties for appointing ineligible individuals as a school marshal and telecommunicator. In response to the statutory creation of the school marshal program, this amendment is necessary to conform to school marshal and telecommunicator statutory amendments. The amendment adds school districts as an appointing entity subject to administrative penalties. Under the rule, governmental entities are subject to administrative penalties for, among other things, appointing or employing an ineligible person or failing to timely submit required documentation. The graduated fees directly correlate to a violation’s severity and adverse effect on the public’s safety, welfare, and trust in the regulated community. As such, violations related to statutory requirements or the appointment of licensees are assigned penalties at or near the top of the penalty scale. Compliance and administrative violations are at the low or midrange of the penalty scale.
Surrender of License clarifies a surrender of one license surrenders all Commission-issued licenses.
Suspension of License conforms disqualifying family violence language with enrollment and licensing rules and sets out a list of illustrative circumstances the Commission may consider when determining the seriousness of an offense in order to determine an appropriate period of suspension. The nonexclusive list of considerations would help afford commissioners full knowledge of the conduct leading to a licensee’s disposition offense. Such circumstances would allow for the reasoned consideration of any mitigating circumstances presented in light of the seriousness of conduct. The amendment moves the bodily injury or coercion component from “mitigating factors” to the determination of suspension criteria.
Suspension of License for Constitutionally Elected Officials conforms disqualifying family violence language with enrollment and licensing rules and sets out a list of illustrative circumstances the Commission may consider when determining the seriousness of an offense in order to determine an appropriate period of suspension. The nonexclusive list of considerations would help afford commissioners full knowledge of the conduct leading to a licensee’s disposition offense. Such circumstances would allow for the reasoned consideration of any mitigating circumstances presented in light of the seriousness of conduct. The amendment moves the bodily injury or coercion component from “mitigating factors” to the determination of suspension criteria.
Revocation of License conforms disqualifying military discharges and family violence language to current enrollment and licensing rule. This is necessary to clarify and reflect longstanding interpretation of previous rules related to disqualifying military discharges involving bad conduct. It also conforms disqualifying “family violence” language to current suspension and revocation rules.
School District Responsibilities ensures qualified school marshal licensee appointments are reported to the Commission. This new rule is necessary to conform to the statutory school marshal amendment by setting forth a school district’s requirements in order to appoint a school marshal. Due to the obvious potential harm of an ineligible or untrained person holding a school marshal license or appointment, a detailed process regarding appointment requirements is necessary.
School Marshal Licensing and Reporting Requirements ensures qualified school marshal licensees appointments. This new rule is necessary to conform to the statutory school marshal amendment by setting forth an applicant’s requirements in order to be eligible for appointment as a school marshal. Due to the obvious potential harm of an ineligible or untrained person holding a school marshal license or appointment, a detailed process regarding appointment requirements is necessary.
School Marshal Training Entities ensures qualified school marshal licensees. This new rule is necessary to conform to the statutory school marshal amendment by setting forth the training program requirements for school marshals.
School Marshal Renewals ensures qualified school marshal licensees. This new rule is necessary to conform to the statutory school marshal amendment by setting forth the license renewal requirements for school marshals. Due to the obvious potential harm of an ineligible or untrained person holding a school marshal license or appointment, a detailed process regarding appointment requirements is necessary.
License Action ensures qualified school marshal licensees. This new rule is necessary to conform to the statutory school marshal amendment by setting forth the license revocation and suspension procedures for school marshal licenses. Due to the obvious potential harm of an ineligible or untrained person holding a school marshal license or appointment, public policy weighs heavily in favor of immediate revocation or suspension action.
Confidentiality of Information ensures qualified school marshal licensees. The new rule protects information received in relation to school marshal licensees. This new rule is necessary to conform to the statutory school marshal amendment by setting forth the confidentiality of information received in relation to school marshals.
Eligibility for Memorial Monument was amended to clarify type of memorial. This amendment is necessary to conform to statutory amendment by adding “monument” to caption of Peace Officer Memorial provisions.
Specific Eligibility of Memorial Monument was amended to clarify type of memorial. This amendment is necessary to conform to statutory amendment by adding “monument” to caption of Peace Officer Memorial provisions.
Chief Administrator Responsibilities for Class A and B Waivers was amended to clarify requirements for eligibility of misdemeanor waiver requests on a case-by-case basis and allow consideration of a waiver for Class A misdemeanor offenses. This change allows a chief administrator to request a waiver on behalf of an applicant with a Class A misdemeanor offense following a five-year waiting period.
Minimum Standards for Telecommunicators now conforms disqualifying military discharges and family violence language to current suspension and revocation rule.
Legislatively Required Continuing Education for Licensees was renumbered from 217.11 to 218.3 to conform to statutory amendments by adding telecommunicator requirements for licensees receiving continuing education credit. This new rule is necessary to set out the Commission’s general approval process for all continuing education credit for licensees since telecommunicators are now licensed.
Examinee Requirements now incorporates examination accommodation requirements into rule.
Out of state, federal and military officers attempting to become licensed in Texas must complete the TCOLE rules overview course as a requirement for endorsement to take the state licensing exam.
Rule 215.7 Training Provider Advisory Board, expands the training advisory board duties and allows the board to set policies and procedures for the academy with consent of the chief administrator. This is necessary to clarify the inter-advisory board relationship between advisory board members and chief administrator.
Rule 215.9 Training Coordinator removes enforcement of admission, attendance, retention, and other standards set by the commission from the training advisory to the advisory board. This change is necessary to clarify the inter-advisory board relationship and duties between advisory board members and the chief administrator.
Rule 217.1 Minimum Standards for Enrollment and Initial Licensure, combined initial licensing and enrollment standards into one rule, including telecommunicator requirements. The changes are necessary to recodify and combine all enrollment and licensure standards into one rule for ease of reference and to make more user friendly.
Rule 217.2, Minimum Standards for Telecommunicators was repealed and standards for Telecommunicators was added to Rule 217.1.
Rule 217.23, Basic Licensing Enrollment Standards and Rule 217.25, Telecommunicator Enrollment Standards, were repealed and replaced by a new rule which combined initial licensing and enrollment standards into one rule, including telecommunicator requirements.
Rule 221.13, Emergency Telecommunicator Proficiency, adds a master proficiency certification for telecommunicators. This is necessary to create consistency proficiency levels for all licenses.
Rule 221.31, Retired Peace Officer and Federal Law Enforcement Officer Firearms Proficiency, this rule change removes obsolete rule cross-referencing.
SB 742 requires a four hour training on missing or exploited children for eligibility of peace officer intermediate or advanced proficiency certification.
Rule 211.3, Public Information, this rule change removes the commission website address.
HB 48 creates the Timothy Cole Exoneration Review Commission, which includes a TCOLE appointee, to discuss and make any recommendations to reduce or eliminate wrongful convictions.
SB 158 requires TCOLE to compile an annual report of expenditure data related to body-worn cameras for agencies receiving grants through the Office of the Governor. The bill also requires TCOLE to create a model body-worn camera policy and a model training (Course 8158).
SB 386 expands the school marshal program to allow public junior colleges to appoint school marshals.
HB 872 changes the reactivation process for peace officers with ten years of service or more. Under this legislation, peace officers with at least 10 years of full-time service, but less than 15 years of service, may not be required to complete a full Basic Peace Officer Course to reactivate their license, regardless of the amount of time since their last appointment.
HB 3211 allows a peace officer to take a new supervisor course (Course 3737) up to a year prior to appointment as a supervisor, or up to one year following such an appointment.
HB 1338 requires TCOLE to create two courses: Traumatic and Acquired Brain Injury (Course 4066) and Trauma-Affected Veterans (Course 4067).
HB 2053 requires Child Safety Check Alert List training (Course 4068) for those applying for an intermediate or advanced proficiency certificate on or after January 1, 2016.
HB 593 requires canine encounter training (Course 4065) within the basic peace officer course, within two years of licensure, or for eligibility of peace officer intermediate or advanced proficiency certificate.
SB 1987 requires training on Interactions with Deaf and Hard of Hearing Drivers (Course 7887) in the basic peace officer course, within two years of licensure, or for an intermediate proficiency certificate.
Through a directive in the General Appropriations Act, the Legislature required TCOLE to work with the Texas Department of Public Safety to develop a Driver Responsibility Program Outreach and Education course (Course 8159). This is to be incorporated into the basic peace officer course and available for continuing education to ensure that peace officers are familiar with the Driver Responsibility Program and can accurately explain it to drivers.
HB 2684 requires all school resource officers and independent school district police department officers at districts with an enrollment of 30,000 students or more to undergo training specific to school-based law enforcement (Course 4064).
Rule 211.1, Definitions, makes background investigation a broader definition which encompasses not only pre-employment investigation, but pre-enrollment investigations, provides a definition for a contract jailer, removes redundant information, changes the definition title of Court-ordered Community supervision to Community supervision; and defines honorably retired peace officer for clarification in response to legislation.
Rule 211.5, Licensee Lists, was repealed because it contained information that was already stated in statute.
211.7, Meeting Dates and Procedures, changes in this rule gives the presiding officer more flexibility in scheduling meetings by removing the requirement that the commission meet in March, June, September, and December.
211.13, Notice of Commission Rulemaking, changes in this conforms with Texas Government Code §2001.028.
211.16, Establishment of an Appointing Entity, removed the requirement of submitting the agency number when applying for an agency. The number is always issued after the application has been approved.
Rule 211.25, Date of Appointment, adds telecommunicators to the list of licensees.
Rule 211.29, Responsibilities of Agency Chief Administrators, simply removed the reference to Subchapter L of the Texas Occupations Code, Chapter 1701 should the statute change in the future.
Rule 211.35, Tuition Reimbursement for Commission Employees, this new rule complies with HB 3337 (84R), a new legislative requirement for all state agencies concerning approval of tuition reimbursement. The Executive Director must approve the tuition reimbursement.
Rule 215.9, Training Coordinator, this amended rule creates additional options for posting of training calendars, defines minimum requirement of training files, and adds training files to the retention period.
Rule 215.13, Risk Assessment, was amended to remove redundant information (ie. “…fiscal year 2007…” as this time period has passed).
Rule 217.1, Minimum Standards for Enrollment and Initial Licensure, this amended rule raises the standards for licensure for offenses involving family violence. If the individual was convicted or placed on community supervision, then the individual is barred from licensure.
Rule 218.9, Continuing Firearms Proficiency Requirements, removed the phrase “including at least five rounds of ammunition” from the handgun requirement.
Rule 218.11, Child Safety Check Alert List Training, this is a new rule necessary to reflect legislative changes from HB 2053 (84R).
Rule 219.1, Eligibility to Take State Examinations, clarifies minimum enrollment and licensure language.
Rule 219.11, Reactivation of a License, this re-written rule complies with HB 872 (84R) which addresses reactivation requirements for individuals holding an inactive peace officer license. This more streamlined rule was developed to ensure clarification of the reactivation process. It also incorporates honorably retired reactivation.
Rule 221.3, Proficiency Certificates, this rule now includes the Peace Officer, Jailer, and Telecommunicator Proficiency requirements into one rule.
Rule 221.43, School-Based Law Enforcement Proficiency Certificate, new certificate that reflects legislative changes from HB 2684 (84R).
223.1, License Action and Notification, this rule was amended to remove redundancies appearing in other existing rules and proposed amendments, removes unnecessary wording, adds the last known address provision, and provides more efficient and accurate notifications to licensees.
Rule 223.3, Answer Required, removes redundancies appearing in other existing rules and removes unnecessary wording. Rather than requiring an answer to be filed no later than 20 days after the respondent is provided with notice, wording was changed to …20 days after the date respondent receives notice.
Rule 223.5, Contested Cases and Hearings, is a new title for this rule number. This new rule consolidates and recodifies contested case procedures. Rules 223.5, 223.7, 223.9, and 223.11 are all in new rule 223.5.
Rule 223.14, Construction of Other Laws, this new rule recodifies previous rules related to criminal dispositions.
Rule 223.15, License Suspension, recodifies previous rules related to license suspension.
Rule 223.16, Probation and Mitigating Factors, recodifies previous rules related to license suspension.
Rule 223. 17, Reinstatement of a License, removes unnecessary cross-references.
Rule 223.18, Suspension Following Felony Arrest, this new rule allows the commission to suspend the license of an appointed person arrested or indicted for certain felony offenses. The rule is necessary to protect the safety and welfare of the public and the integrity of the profession by preventing licensed felony arrestees from engaging in the duties of peace officers, jailers, and telecommunicators during the pendency of a criminal disposition.
Rule 223.19, License Revocation, this new rule recodifies previous rules related to license revocation.
Rule 227.1, Appointing Entity Responsibilities is amended to include public junior college and to clarify the retention of documentation in subsection (c).
Rule 227.3, School Marshal Licensing and Reporting Requirements, includes public junior college, reflecting legislative changes from SB 386.
Rule 227.5, School Marshal Training Entities, includes public junior college, reflecting legislative changes from SB 386.
Rule 227.9, License Action, this rule was amended to remove the term “concealed” in response to legislative changes from HB 910 (84R).
Rule 227.11, Confidentiality of Information, is repealed as it contains redundant information that is already in statute.
Rule 219.25, License Requirements for Persons with Military Special Forces Training, this amended rule updates the qualifications to take the state licensing examination. New licensing standards are added and service time restrictions are removed. A special forces training course is added and the amended rule eliminates the need for the individual to show proof of completion. This streamlines the licensing process for persons with military special forces training.
Rule 221.25, Civil Process Proficiency, this rule change updates the qualifications for eligibility of the Civil Process certificate by adding clerks in a constable or sheriff’s office that work with civil process.
Rule 225.1, Issuance of Jailer License through a Contract Jail Facility, this amendment is necessary to correct rule cross-referencing.
Rule 225.3, Issuance of Peace Officer License through a Medical Corporation, this amendment is necessary to correct rule cross-referencing.
Rule 215.10, Course Instructor Requirements, holds a course instructor accountable for the training class.
Rule 217.7, Reporting Appointment and Separation of a Licensee, this new rule is a rewrite of the current §217.7 and moves the reporting date of the L-1 Appointment of Licensee report from 30 days to 7 days to conform with the reporting requirements for the F-5 Notice of Separation. This rewrite also adds a requirement that TCOLE records relating to the appointment of an officer be housed with the chief administrator due to security issues with criminal history records being accessible to individuals not authorized to review these records.
Rule 223.15, License Suspension, this rule now matches the current revocation rule.
Rule 223.18, Suspension Following Felony Arrest, this amendment removes discretionary criteria for felony arrest suspensions from the Executive Director. Thus, such suspensions are ministerial actions executed by the Executive Director on behalf of the Commission.
HB 867 expands the school marshal program to allow private schools to appoint school marshals, and requires TCOLE to develop a list of approved duty frangible ammunition to be carried by school marshals.
SB 42 requires any Court Security Officer to complete a course to achieve a basic court security certification (Course 10999) within one year of assignment to that position. Under this legislation, Court Security Officers include constables, sheriffs, sheriff's deputies, municipal peace officers, or any other person assigned to provide security for an appellate, district, statutory county, county, municipal, or justice court.
Citizens of American Samoa and Swains Island (U.S. Nationals) have an equivalent citizenship status for the purpose of law enforcement.
HB 1545 allows those applying for a peace officer license on or after September 1, 2017, whose high school transcript reflects a public services endorsement in the area of law enforcement to obtain additional credit hours for that endorsement.
SB 1849 and HB 3051 make changes to the racial profiling reports submitted to TCOLE. The changes include the repeal of the partial exemption for agencies using in-car video, a requirement that data be collected for all traffic stops, including those in which a verbal or written warning was issued.
SB 1849 requires De-escalation Techniques for Limiting the Use of Force in Public Interaction (Course 1849) for peace officers within the basic peace officer course, every 48 months for those with a basic or no proficiency certificate, or to obtain an intermediate or advanced proficiency certificate.
SB 1849 also requires at least 8 hours of mental health training to be included in the basic jailer course and to be completed by existing jailers by August 31, 2021 (Course 4900).
SB 30 requires Civilian Interaction Training in the basic peace officer course. Peace officers licensed on or before January 1, 2018, must complete the training by January 1, 2020.
HB 1590 establishes the Office for Sexual Assault Survivor Assistance.
SB 1397 allows for a continuing education exemption for retired officers.
SB 586 modifies training for trauma-informed response techniques.
SB 971 modifies training on recognizing Strangulation.
HB 1415 adds continuing education hours for Constables on civil process.
HB 971 allows military service to be counted towards training credit.
SB 11 removes enrollment requirement for school based law enforcement.
HB 292 adds the Human Trafficking course added to the Basic Peace Officer Certification.
HB 4236 updates policy and model for body-worn cameras.
SB 1827 creates training course on Epinephrine Auto-Injectors.
HB 3706 relates to handgun license for railroad and special rangers of Texas and Southwestern Cattle Raisers Association.
HB 4236 allows family members or representatives of victim to see body worn camera footage.
HB 1552 updates the LEOSA forms for jailers carrying firearms.
HB 3800 adds reporting requirement to Human Trafficking course.
HB 4468 changes requirements of temporary jailer license.
HB 3503 requires jailers to take firearms training.
SB 2143 allows Kickapoo Indian Tribe to employ and commission peace officers.
SB 346 relates to consolidation and allocation of court costs.
SB 713 extends TCOLE for two years and the commission is required to undergo a limited scope sunset review leading up to the 88th legislative session.
HB 3712 requires the minimum hour and content requirements for the modified basic peace officer training course apply to those who begin the course on or after July 1, 2022.
HB 2831 requires the advisory committee to submit their first report that includes recommendations related to the training for interacting with person who have intellectual or developmental disabilities by December 1, 2022.