02/01/2014

• Chapter 211: Administration, no change
• Chapter 215: Training and Educational Providers, changed from Training and Educational Providers and Related Matters
• Chapter 217: Enrollment, Licensing, Appointment, and Separation, changed from Licensing Requirements
• Chapter 218: Continuing Education, new chapter
• Chapter 219: Prelicensing, Reactivation, Tests, and Endorsements, changed from Prelicensing and Reactivation Courses, Tests, and Endorsements
• Chapter 221: Proficiency Certificates, no change
• Chapter 223: Enforcement, no change
• Chapter 225: Specialized Licenses, no change
• Chapter 227: School Marshals, new chapter

• Chapter 229: Texas Peace Officers’ Memorial Monument, changed from Texas Peace Officers’ Memorial

• Amended to clarify definitions to Commission’s longstanding practices, conform to statutory amendments, and define newly added school marshal.
• The definitions for “Contractual Training Provider,” “Law Enforcement Academy,” and “Training Provider” were It clarified and conformed to the commission’s longstanding practice of entering into contractual relationships with training providers.  The frame mounted optical enhancing sighting device defined in “Patrol Rifle” is changed from 3 power to 5 power to expand the varieties of acceptable patrol rifles.

• 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.