01/14/2010

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.