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Rule 211.5, Licensee Lists, was repealed because it contained information that was already stated in statute.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.