07/12/2012

  • The following rules were amended to conform to changes made to the reactivation of a license:
    • 211.1(51) definition of “Reactivate”
    • 217.20 Retired Peace Officer Reactivation
    • 219.1 Eligibility to Take State Examinations
    • 219.2 Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police

    • 223.17 Reinstatement of a License

  • The following definitions were amended or deleted:
    • High School Diploma was amended to comply with requirements of Texas Occupations Code §1701.255 Enrollment Qualifications.
    • Reactivate was amended to include requirements in becoming inactive.

    • 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.

  • Reporting the Appointment and Separation of a Licensee subsection (a)(2)(A) was amended to clarify that the background was to include investigation into criminal, employment, and education background.  Subsection (d) was amended to clarify what documents are required for appointees with less than 180 day break in service.  The requirements are:
    • 1.   Documentation that the agency met the requirements in subsection (a) (requires employment reports from TCLEOSE, background investigation, written consent form, must obtain service and educational records, and must contact previous law enforcement employers.);
    • 2.   Documentation that peace officer is compliant with weapons qualification.

  • 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.

  • Reactivation of a License was amended to include the following changes: 
(a) was amended to define when a license becomes “inactive” as not being appointed at the end of the unit or cycle; and not meeting training requirements.
(d) was amended to include reactivation requirements for inactive licensees with less than two years break in service.
            1. Meet current licensing standards;
            2. Complete required continuing education training; and
            3. Make application and pay fee.
(e) was added to include reactivation requirements for inactive licensees with two years break in service but less than 5 years.
            1. Meet current licensing standards;
            2. Complete supplemental peace officer course;
            3. Make application and pay fee; and
            4. Pass licensing exam.
(f) was added to include reactivation requirements for inactive licensees with 5 years or more break in service.
            1. Meet current enrollment standards;
            2. Meet the current licensing standards;
            3. Complete basic licensing course;
            4. Make application and pay fee; and

    5. Pass licensing exam.

  • Reinstatement of a License was amended to include the following changes:
  (a)   was amended to clarify requirements for reinstatement of a licensee that has maintained required continuing education      requirements for the duration of their suspended or probated term.
              1. Make application
              2. Submit fees
  (b)   was amended to clarify requirements for reinstatement of a licensee that has failed to continually maintain the required  continuing education requirements during their suspended or probated term.

  Requirements for licensees with less than two years break, two to five year break, and more than five year break were also added.

  • Retired Peace Officer Reactivation was amended to include the following changes:
(a) was amended to define when a license becomes “inactive” as not being appointed at the end of the unit or cycle; and not meeting training requirements.
(c) was amended to list requirements for retired reactivation:
            1. Meet current licensing standards;
            2. Meet current continuing education requirements; and
            3. Make application and submit fees.

(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.)

  • Eligibility to Take State Exams w amended to include the following changes:
 (b) Eligibility to take exam:
            3. Meet 223.17 reinstatement requirements
(d) Examinee will be allowed 3 attempts at test; All attempts must be completed within 180 days; Any remaining attempts become invalid on the 181st day. Any remaining attempts after examinee passes the exam becomes invalid. If exam attempt is invalidated for any other reason that attempt will count as one of the three attempts.
(e) Examinee must repeat licensing course if:
            2. Fails to complete all three attempts within 180 days         
(f) If examinee required to repeat licensing course under (e), will not be allowed to repeat academic alternative program.

(g) If licensee is not licensed within 2 years from date of successful completion of licensing exam the licensing course must be repeated.

  • Reciprocity for Out of State Peace Officers, Federal Criminal Investigators, and Military Police was amended to include the following changes:
(b)(3) Was amended to require applicant to pass the peace officer licensing exam to conform to other rule amendments.
(c)(2) Out of State peace officers was amended to specify requirements of service to qualify for reciprocity consideration.  Requirements are full time paid for 2 continuous years within the 4 years prior to application.  Service time must have occurred after a basic peace officer training course (time as a peace officer employed under a temporary or provisional license does not qualify for time served.)
(e)(2) Federal Criminal Investigator was amended to correspond with the requirements in (c)(2).
(f) Military was amended to remove the current list of various military occupation specialty classifications to an “approved by the commission” review of acceptable classifications.  This allows the flexibility in approval of the ever changing occupation specialty classifications that exists in the various branches of the military.
(g) Military was amended to correspond with requirements in (c)(2) and (e)(2).

  (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.