CHAPTER 218. CONTINUING EDUCATION

(1) another penal provision of Texas law; or

(2) a penal provision of any other state, federal, military or foreign jurisdiction.

(d) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.

(e) A person must meet the training and examination require-ments:

(1) training for the peace officer license consists of:

(A) the current basic peace officer course(s);

(B) a commission recognized, POST developed, basic law enforcement training course, to include:

(i) out of state licensure or certification; and (ii) submission of the current eligibility application and fee; or

(C) a commission approved academic alternative pro-gram, taken through a licensed academic alternative provider and at least an associate's degree.

(2) training for the jailer license consists of the current ba-sic county corrections course(s) or training recognized under Texas Oc-cupations Code §1701.310;

(3) training for the public security officer license consists of the current basic peace officer course(s);

(4) training for telecommunicator license consists of telecommunicator course; and

(5) passing any examination required for the license sought while the exam approval remains valid.

(f) The commission may issue a provisional license, consistent with Texas Occupations Code §1701.311, to an agency for a person to be appointed by that agency. An agency must submit all required ap-plications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the applica-tion, the commission will issue a provisional license. A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor trans-ferred by the agency to another applicant. A provisional license may not be reissued and expires:

(1) 12 months from the original appointment date;

(2) on leaving the appointing agency; or

(3) on failure to comply with the terms stipulated in the provisional license approval.

(g) The commission may issue a temporary jailer license, con-sistent with Texas Occupations Code §1701.310. An agency must sub-mit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the ap-proval of the application, the commission will issue a temporary jailer license. A temporary jailer license expires:

(1) 12 months from the original appointment date; or (2) on completion of training and passing of the jailer li-censing examination.

(h) The commission may issue a temporary telecommunica-tor license, consistent with Texas Occupations Code §1701.405. An agency must submit all required applications currently prescribed by

the commission and all required fees before the individual is appointed.

Upon the approval of the application, the commission will issue a tem-porary telecommunicator license. A temtem-porary telecommunicator li-cense expires 12 months from the original appointment date.

(i) A person who fails to comply with the standards set forth in this section shall not accept the issuance of a license and shall not accept any appointment. If an application for licensure is found to be false or untrue, it is subject to cancellation or recall.

(j) The effective date of this section is February 1, 2016.

[November 1, 2014.]

The agency certifies that legal counsel has reviewed the pro-posal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2015.

TRD-201504288 Kim Vickers Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 29, 2015 For further information, please call: (512) 936-7713

37 TAC §218.9

The Texas Commission on Law Enforcement (Commission) proposes an amendment to §218.9, concerning Continuing Firearms Proficiency Requirements. Subsection (c)(1) removes misnomer language. Subsection (f) reflects the effective date.

This amendment is necessary to remove the phrase "including at least five rounds of ammunition."

John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be no effect on state or local governments as a result of administering this section.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by removing unnecessary infor-mation.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small businesses, individuals, or both as a result of the proposed section.

Comment on the proposal may be submitted electronically to [email protected] or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law En-forcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code

§1701.151, General Powers of the Commission; Rulemaking Authority; §1701.308, Weapons Proficiency; and §1701.355, Continuing Demonstration of Weapons Proficiency.

The amendment as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;

♦ ♦ ♦

Rulemaking Authority; §1701.308, Weapons Proficiency; and

§1701.355, Continuing Demonstration of Weapons Proficiency.

No other code, article, or statute is affected by this proposal.

§218.9. Continuing Firearms Proficiency Requirements.

(a) Each agency or entity that employs at least one peace offi-cer shall:

(1) require each peace officer that it employs to success-fully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried;

(2) designate a firearms proficiency officer to be responsi-ble for the documentation of annual firearms proficiency. The docu-mentation for each officer shall include:

(A) date of qualification;

(B) identification of officer;

(D) results of qualifying; and (E) course(s) of fire;

(3) keep on file and in a format readily accessible to the commission a copy of all records of this proficiency.

(b) The annual firearms proficiency requirements shall in-clude:

(1) an external inspection by the proficiency officer, range officer, firearms instructor, or gunsmith to determine the safety and functioning of the weapon(s);

(2) a proficiency demonstration in the care and cleaning of the weapon(s) used; and

(3) a course of fire that meets or exceeds the minimum stan-dards.

(1) handguns - a minimum of 50 rounds, [including at least five rounds of ammunition,] fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload;

(2) shotguns - a minimum of five rounds of ammunition fired at a range of at least 15 yards;

(3) precision rifles - a minimum of 20 rounds of ammuni-tion fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90;

(4) patrol rifles - a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload;

however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90;

(5) fully automatic weapons - a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon.

(d) The minimum passing percentage shall be 70 for each firearm.

(e) The executive director may, upon written agency request, waive a peace officer's demonstration of weapons proficiency based on a determination that the requirement causes a hardship.

(f) The effective date of this section is February 1, 2016.

[February 1, 2014.]

The agency certifies that legal counsel has reviewed the pro-posal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2015.

TRD-201504289 Kim Vickers Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 29, 2015 For further information, please call: (512) 936-7713

37 TAC §218.11

The Texas Commission on Law Enforcement (Commission) proposes new §218.11, concerning Child Safety Check Alert List Training. This new rule is necessary to reflect legislative changes.

This new rule is necessary to reflect legislative changes from HB 2053 (84R).

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by providing training and knowledge regarding the child safety check list.

The new rule is proposed under Texas Occupations Code

§1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.262, Training Program Relating to Child Safety Check Alert List, as passed under HB 2053 (84R).

The new rule as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;

Rulemaking Authority, and §1701.262, Training Program Relat-ing to Child Safety Check Alert List, as passed under HB 2053 (84R).

No other code, article, or statute is affected by this proposal.

§218.11. Child Safety Check Alert List Training.

(a) An education and training program on the Texas Crime In-formation Center's child safety check alert list will include instruction relating to:

♦ ♦ ♦

(1) the procedures for placing a child or other person on the child safety check alert list;

(2) the manner in which an officer should interact with a child or other person on the child safety check alert list whom the officer locates; and

(3) the procedures for removing a child or other person from the child safety check alert list.

(b) The training program will be made available to employees in the child protective services division of the Department of Family and Protective Services, including caseworkers, supervisors, and spe-cial investigators.

The agency certifies that legal counsel has reviewed the pro-posal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2015.

TRD-201504290 Kim Vickers Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 29, 2015 For further information, please call: (512) 936-7713

CHAPTER 219. PRELICENSING, REACTIVA-TION, TESTS, AND ENDORSEMENTS

37 TAC §219.1

The Texas Commission on Law Enforcement (Commission) pro-poses an amendment to §219.1, concerning Eligibility to Take State Examinations. Subsection (c) clarifies the minimum en-rollment and licensure language. Subsection (i) reflects the ef-fective date.

This amendment is necessary to clarify language concerning en-rollment and licensure.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by clarifying language.

Comment on the proposal may be submitted electronically to [email protected] or in writing to Mr. Kim Vick-ers, Executive Director, Texas Commission on Law Enforcement 6330, E. Highway 290, Suite 200, Austin, Texas 78723-1035.

The amendment is proposed under Texas Occupations Code

§1701.151, General Powers of the Commission; Rulemaking Authority, and §1701.304, Examination.

The amendment as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;

Rulemaking Authority, and §1701.304, Examination.

No other code, article, or statute is affected by this proposal.

§219.1. Eligibility to Take State Examinations.

(a) An individual may not take a licensing exam for a license they actively hold.

(b) To be eligible to take a state licensing exam, an individual must:

(1) have successfully completed a commission-approved basic licensing course or academic alternative program;

(2) meet the requirements for reactivation if the individual is currently licensed;

(3) meet the requirements for reinstatement if the individ-ual is currently licensed;

(4) meet the requirements if an individual is an out of state peace officer, federal criminal investigator, or military; or

(5) be eligible to take the county corrections licens-ing exam as provided in Texas Occupations Code, Chapter 1701,

§1701.310.

(c) To maintain eligibility to attempt a licensing exam the ap-plicant must meet the minimum [basic licensing enrollment] standards for enrollment and initial licensure.[; or if previously licensed, meet minimum initial licensing standards.]

(d) An eligible examinee will be allowed three attempts to pass the examination. All attempts must be completed within 180 days from the completion date of the licensing course. Any remaining attempts become invalid on the 181st day from the completion date of the licens-ing course, or if the examinee passes the licenslicens-ing exam. If an attempt is invalidated for any other reason, that attempt will be counted as one of the three attempts.

(e) The examinee must repeat the basic licensing course for the license sought if:

(1) the examinee fails all three attempts to pass the licens-ing exam;

(2) the examinee fails to complete all three attempts within 180 days from the completion date of the licensing course; or

(3) the examinee is dismissed from an exam for cheating.

If dismissed from an exam for cheating, all remaining attempts are in-validated.

(f) An examinee that is required to repeat a basic licensing course under the provisions in subsection (e) of this section will not be allowed to repeat an academic alternative program.

(g) If an individual is not licensed within 2 years from the date of their successful completion of the licensing exam, the basic licensing course must be repeated.

(h) When applicable and in addition to this section, school marshal licenses are subject to the requirements of Chapter 227 of this title.

(i) The effective date of this section is February 1, 2016.

[February 1, 2014.]

The agency certifies that legal counsel has reviewed the pro-posal and found it to be within the state agency's legal authority to adopt.

♦ ♦ ♦ ♦ ♦ ♦

Filed with the Office of the Secretary of State on October 30, 2015.

TRD-201504291 Kim Vickers Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 29, 2015 For further information, please call: (512) 936-7713

37 TAC §219.11

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on Law Enforcement or in the Texas Register office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.) The Texas Commission on Law Enforcement (Commission) proposes the repeal of §219.11, concerning Reactivation of a License. The repealed section was replaced with new rule

§219.11.

This repeal is necessary to comply with HB 872 (84R) which addresses reactivation requirements for individuals holding an inactive peace officer license. Due to the new requirements, a more streamlined rule was developed to ensure clarification of the reactivation process. It also incorporates honorably retired reactivation.

John Beauchamp, General Counsel, has determined that for each year of the first five years the repeal as proposed will be in effect, there may be little to no effect on state or local govern-ments as a result of administering this repeal.

Mr. Beauchamp has determined that for each year of the first five years, the repeal as proposed will be in effect, there will be a positive benefit to the public by clarifying the reactivation process.

Mr. Beauchamp has determined that for each year of the first five years the repeal as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed repeal.

Comments on the proposal may be submitted electronically to [email protected] or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law En-forcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.

This repeal is proposed under Texas Occupations Code

§1701.151, General Powers of the Commission; Rulemaking Authority; §1701.316, Reactivation of Peace Officer License;

and §1701.3161, Reactivation of Peace Officer License: Retired Peace Officers.

The repeal as proposed is in compliance with Texas Occupa-tions Code §1701.151, General Powers of the Commission;

Rulemaking; §1701.316, Reactivation of Peace Officer License;

and §1701.3161, Reactivation of Peace Officer License: Retired Peace Officers.

No other code, article, or statute is affected by this proposal.

§219.11. Reactivation of a License.

The agency certifies that legal counsel has reviewed the pro-posal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2015.

TRD-201504293 Kim Vickers Executive Director

Texas Commission on Law Enforcement

Earliest possible date of adoption: November 29, 2015 For further information, please call: (512) 936-7713

37 TAC §219.11

The Texas Commission on Law Enforcement (Commission) pro-poses new §219.11, concerning Reactivation of a License. This new rule conforms to statutory amendments concerning the re-activation of a license.

This new rule is necessary to conform with HB 872 (84R) and incorporates the former honorably retired reactivation provision.

Mr. Beauchamp has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by lessening the time restrictions for certain inactive peace officer licensees to return to public service.

The new rule is proposed under Texas Occupations Code

§1701.151, General Powers of the Commission; Rulemaking Authority; §1701.316, Reactivation of Peace Officer License;

and §1701.3161, Reactivation of Peace Officer License: Retired Peace Officers.

The new rule as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;

Rulemaking Authority; §1701.316, Reactivation of Peace Offi-cer License; and §1701.3161, Reactivation of Peace OffiOffi-cer Li-cense: Retired Peace Officers.

No other code, article, or statute is affected by this proposal.

§219.11. Reactivation of a License.

(a) The commission will place all licenses in an inactive status

In document PART 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS (Page 86-92)