(a) Before a Commission employee may receive reimburse-ment for tuition, the reimbursereimburse-ment must be approved by the Executive Director.
(b) The effective date of this section is February 1, 2016.
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-201504285 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 215. TRAINING AND EDUCATIONAL PROVIDERS
37 TAC §215.9
The Texas Commission on Law Enforcement (Commission) pro-poses an amendment to §215.9, concerning Training Coordina-tor. Subsection (b)(2)(D) creates additional options for posting of training calendars. Subsection (b)(3)(B)(i) - (v) defines minimum requirement of training files. Subsection (b)(3)(J) added training files to the retention period. Subsection (e) reflects the effective date.
This amendment is necessary to define the posting of a training calendar and requirements of training files.
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 defining the posting of a training calendar and requirements of training files.
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, and §1701.251, Training Programs; Instructors.
The amendment as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;
Rulemaking Authority, and §1701. 251, Training Programs; In-structors.
No other code, article, or statute is affected by this proposal.
§215.9. Training Coordinator.
(a) A training coordinator must hold a valid instructor license or certificate and must be a full-time paid employee.
(b) The training coordinator must:
(1) ensure compliance with commission rules and guide-lines:
(2) prepare, maintain, and submit the following reports within the time frame specified:
(A) reports of training:
(i) basic licensing course shall be submitted prior to students attempting a licensing exam; and
(ii) within 30 days of completion of continuing ed-ucation course;
(B) self-assessment reports as required by the commis-sion;
(C) a copy of advisory board minutes during an on-site evaluation;
(D) training calendars-schedules must be available for review and [or] posted on the internet, or another public venue, no later than 30 days prior to the beginning of each calendar quarter or academic semester. A continually updated and posted (live) calendar will meet this requirement;
(E) any other reports or records as requested by the commission;
(3) be responsible for the administration and conduct of each course, including those conducted at ancillary sites, and specif-ically:
(A) appointing and supervising qualified instructors;
(B) maintaining course schedules and training files. At a minimum, training files shall contain: [course files, including lesson plans;]
(i) complete lesson plan;
(ii) clear learning objectives;
(iii) instructor biography indicating subject matter expertise and teaching experience;
(iv) approved class roster and original sign-in sheet;
and
(v) course evaluation;
(C) enforcing all admission, attendance, retention, and other standards set by the commission and approved by the advisory board;
(D) securing and maintaining all facilities necessary to meet the inspection standards of this section;
(E) controlling the discipline and demeanor of each stu-dent and instructor during class;
(F) distributing a current version of the Texas Occupa-tions Code, Chapter 1701 and commission rules to all students at the time of admission to any course that may result in the issuance of a license;
(G) distributing learning objectives to all students at the beginning of each course;
♦ ♦ ♦
(H) ensuring that all learning objectives are taught and evaluated;
(I) proctoring or supervising all examinations to ensure fair, honest results; and
(J) maintaining training files, records of tests, and other evaluation instruments for a period of five years.
(4) receive all commission notices on behalf of the training provider and forward each notice to the appointing authority; and
(5) attend or have a designee attend each academy coordi-nator's workshop conducted by the commission. No person may serve as a representative for more than one provider per conference. Each representative must be affiliated with the training provider.
(c) If the position of training coordinator becomes vacant, upon written request from the chief administrator of the training provider the commission may, at the discretion of the executive director, waive the requirements for a period not to exceed six months.
(d) Upon written request from the chief administrator of a training provider that does not have a full-time paid staff, the com-mission may, at the discretion of the executive director, waive the requirements in subsection (a) of this section.
(e) 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-201504286 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 §215.13
The Texas Commission on Law Enforcement (Commission) pro-poses an amendment to §215.13, concerning Risk Assessment.
Subsection (a)(1) removes redundant information. Subsection (h) reflects the effective date.
This amendment is necessary to remove redundant information.
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 redundant information.
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, and §1701.254, Risk Assessment and Inspections.
The amendment as proposed is in compliance with Texas Occu-pations Code §1701.151, General Powers of the Commission;
Rulemaking Authority, and §1701.254, Risk Assessment and In-spections.
No other code, article, or statute is affected by this proposal.
§215.13. Risk Assessment.
(a) A training provider may be found at risk and placed on at-risk probationary status if:
(1) for those providing licensing courses, the passing rate on a licensing exam for first attempts for any three consecutive state fiscal years[, beginning with state fiscal year 2007 (September 1, 2006 through August 31, 2007)] is less than 80 percent of the students at-tempting the licensing exam;
(2) courses taught by academic alternative providers are not conducted in compliance with Higher Education Program Guide-lines accepted by the commission;
(3) commission required learning objectives are not taught;
(4) lesson plans for classes conducted are not on file;
(5) examination and other evaluative scoring documenta-tion is not on file;
(6) the training provider submits false reports to the com-mission;
(7) the training provider makes repeated errors in report-ing;
(8) the training provider does not respond to commission requests for information;
(9) the training provider does not comply with commission rules or other applicable law;
(10) the training provider does not achieve the goals iden-tified in its application for a contract;
(11) the training provider does not meet the needs of the officers and law enforcement agencies served; or
(12) the commission has received sustained complaints or evaluations from students or the law enforcement community concern-ing the quality of trainconcern-ing or failure to meet trainconcern-ing needs for the ser-vice area.
(b) A training provider may be found at risk and placed on at-risk probationary status if:
(1) the contractor provides licensing courses and fails to comply with the passing rates in subsection (a)(1) of this section;
(2) lesson plans for classes conducted are not on file;
(3) examination and other evaluative scoring documenta-tion is not on file;
(4) the provider submits false reports to the commission;
(5) the provider makes repeated errors in reporting;
(6) the provider does not respond to commission requests for information;
♦ ♦ ♦
(7) the provider does not comply with commission rules or other applicable law;
(8) the provider does not achieve the goals identified in its application for a contract;
(9) the provider does not meet the needs of the officers and law enforcement agencies served; or
(10) the commission has received sustained complaints or evaluations from students or the law enforcement community concern-ing the quality of trainconcern-ing or failure to meet trainconcern-ing needs for the ser-vice area.
(c) An academic alternative provider may be found at risk and placed on at-risk probationary status if:
(1) the academic alternative provider fails to comply with the passing rates in subsection (a)(1) of this section;
(2) courses are not conducted in compliance with Higher Education Program Guidelines accepted by the commission;
(3) the commission required learning objectives are not taught;
(4) the program submits false reports to the commission;
(5) the program makes repeated errors in reporting;
(6) the program does not respond to commission requests for information;
(7) the program does not comply with commission rules or other applicable law;
(8) the program does not achieve the goals identified in its application for a contract;
(9) the program does not meet the needs of the students and law enforcement agencies served; or
(10) the commission has received sustained complaints or evaluations from students or the law enforcement community concern-ing the quality of education or failure to meet education needs for the service area.
(d) If at risk, the chief administrator of the sponsoring organ-ization, or the training coordinator, must report to the commission in writing within 30 days what steps are being taken to correct deficien-cies and on what date they expect to be in compliance.
(e) The chief administrator of the sponsoring organization, or the training coordinator, shall report to the commission the progress toward compliance within the timelines provided in the management response as provided in subsection (d) of this section.
(f) The commission shall place providers found at-risk on pro-bationary status for one year. If the provider remains at-risk after a 12-month probationary period, the commission shall begin the revoca-tion process. If a provider requests a settlement agreement, the com-mission may enter into an agreement in lieu of revocation.
(g) A training or educational program placed on at-risk pro-bationary status must notify all students and potential students of their at-risk status.
(h) 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-201504287 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 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION
37 TAC §217.1
The Texas Commission on Law Enforcement (Commission) proposes an amendment to §217.1, concerning Minimum Stan-dards for Enrollment and Initial Licensure. Subsection (b)(7) raises the standards for licensure for offenses involving family violence. If the individual was convicted or placed on commu-nity supervision, then the individual is barred from licensure.
Subsection (j) reflects the effective date.
This amendment is necessary to raise the standards for licen-sure.
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 raising the standards for 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 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; Rulemak-ing Authority; §1701.251, TrainRulemak-ing Programs; Instructors;
§1701.255, Enrollment Qualifications; §1701.307, Issuance of Officer or County Jailer License; §1701.3071, Issuance of Telecommunicator License; §1701.3075, Qualified Applicant Awaiting Appointment; §1701.310, Appointment of County Jailer; Training Required; §1701.311, Provisional License for Workforce Shortage; §1701.312, Disqualification: Felony Conviction or Placement on Community Supervision; and
§1701.405, Telecommunicators.
The amendment as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Com-mission; Rulemaking Authority; §1701.251, Training Programs;
Instructors; §1701.255, Enrollment Qualifications; §1701.307, Issuance of Officer or County Jailer License; §1701.3071, Issuance of Telecommunicator License; §1701.3075, Qualified Applicant Awaiting Appointment; §1701.310, Appointment
of County Jailer; Training Required; §1701.311, Provisional License for Workforce Shortage; §1701.312, Disqualification:
Felony Conviction or Placement on Community Supervision;
and §1701.405, Telecommunicators.
No other code, article, or statute is affected by this proposal.
§217.1. Minimum Standards for Enrollment and Initial Licensure.
(a) In order for an individual to enroll in any basic licensing course the provider must have on file documentation that the individual meets eligibility for licensure and:
(1) a high school diploma;
(2) a high school equivalency certificate; or
(3) for the basic peace officer training course, an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;
(b) The commission shall issue a license to an applicant who meets the following standards:
(1) age requirement:
(A) for peace officers and public security officers, is 21 years of age; or 18 years of age if the applicant has received:
(i) an associate's degree; or 60 semester hours of credit from an accredited college or university; or
(ii) has received an honorable discharge from the armed forces of the United States after at least two years of active ser-vice;
(B) for jailers and telecommunicators is 18 years of age;
(2) minimum educational requirements:
(A) has passed a general educational development (GED) test indicating high school graduation level; or
(B) holds a high school diploma;
(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any crim-inal record;
(4) has never been on court-ordered community supervi-sion or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;
(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;
(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;
(7) has never been convicted or placed on community su-pervision in any court of an offense involving family violence as de-fined under Chapter 71, Texas Family Code;
(8) for peace officers, is not prohibited by state or federal law from operating a motor vehicle;
(9) for peace officers, is not prohibited by state or federal law from possessing firearms or ammunition;
(10) has been subjected to a background investigation;
(11) examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be
declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the agency to be:
(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought;
(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test; and
(C) for the purpose of meeting the requirements for ini-tial licensure, an individual's satisfactory medical exam that is con-ducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that acad-emy, if accepted by the appointing agency;
(12) examined by a psychologist, selected by the appoint-ing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board.
The psychologist or psychiatrist must be familiar with the duties appro-priate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and meth-ods. The examination process must consist of a review of a job de-scription for the position sought; review of any personal history state-ments; review of any background docustate-ments; at least two instruments, one which measures personality traits and one which measures psy-chopathology; and a face to face interview conducted after the instru-ments have been scored. The appointee must be declared by that pro-fessional, on a form prescribed by the commission, within 180 days before the date of the appointment by the agency;
(A) the commission may allow for exceptional circum-stances where a licensed physician performs the evaluation of psycho-logical and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; or
(B) the examination may be conducted by qualified per-sons identified by Texas Occupations Code §501.004. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; and
(C) for the purpose of meeting the requirements for ini-tial licensure, an individual's satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;
(13) has never received a dishonorable or other discharge based on misconduct which bars future military service;
(14) has not had a commission license denied by final order or revoked;
(15) is not currently on suspension, or does not have a
(15) is not currently on suspension, or does not have a