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TEXAS COMMISSION ONLAW ENFORCEMENT120BSTATUTES AND RULES HANDBOOK121B122FEBRUARY 1, 2020I. TITLE 37 TEXAS ADMINISTRATIVE CODE CHAPTERS 211‐229 . 11123BHII. CHAPTER 1701 TEXAS OCCUPATIONS CODE, 86TH LEGISLATURE 2019 . 79HIII. CROSS‐REFERENCE FOR COMMISSION STATUTES AND RULES. 143HIV. PROFICIENCY CERTIFICATE REQUIREMENTS . 147V. COMMISSION FEE SCHEDULE . 148H

I. Title 37 Texas Administrative Code Chapters 211‐229 1124B125B146BFRule changes indicated by “ “Chapter 211Chapter 215Chapter 217Chapter 218Chapter 219Chapter 221Chapter 223Chapter 225Chapter 227Chapter 229HHHHH250BFHHHHHAdministration .11Training and Educational Providers .27Enrollment, Licensing, Appointment, and Separation.38Continuing Education .46Prelicensing, Reactivation, Tests, and Endorsements .52Proficiency Certificates .59Enforcement .66Specialized Licenses .73School Marshals .74Texas Peace Officers’ Memorial Monument .76Chapter 211: HHDefinitions . 11Public Information .18Meeting Dates and Procedures .18Execution of Orders Showing Action Taken at Commission Meetings .18Contemplated Rule Making .19Notice of Commission Rulemaking .19Specific Authority to Waive Rules.19Establishment of an Appointing Entity .19Fees and Payment .20Forms and Applications .21Issuance of Duplicate or Delayed Documents .21Date of Licensing or Certification .22Date of Appointment .22Law Enforcement Agency Audits . 22Reporting Responsibilities of Individuals .23Responsibility of a Law Enforcement Agency to Report an Arrest.23Responsibilities of Agency Chief Administrators .23Chief Administrator Responsibilities for Class A and B Waivers .25Memorandum of Understanding on Continuity of Care .26Law Enforcement Achievement Awards .26Tuition Reimbursement for Commission Employees .271The official text of the Commission’s rules can be obtained from the Texas AdministrativeCode and applicable editions of the Texas Register.TCOLE Rules HandbookFebruary 1, 2020Page 2 of 149

Chapter 215: Training and Educational 19§215.21HHHHHHHHHHHCommission Authorization of Training Providers .27General Application and Approval Process .28Law Enforcement Academy Training Provider .29Other Training Providers .30Academic Alternative Training Provider .30Training Provider Advisory Board .31Training Coordinator .32Course Instructor Requirements .33Training Provider Evaluations .34Risk Assessment .34General Contract Procedures and Provisions .36Contract Cancellation, Suspension, and Termination .37Credit for High School Public Services Endorsement .38Chapter 217: Enrollment, Licensing, Appointment, and HHHHMinimum Standards for Enrollment and Initial Licensure . 38Application for License and Initial Report of Appointment .42Denial and Cancellation .42Reporting Appointment and Separation of a Licensee . 43Contesting an Employment Termination Report .44HChapter 218: Continuing 218.11HHHHHContinuing Education Credit for Licensees .46Legislatively Required Continuing Education for Licensees . 47Reporting Legislatively Required Continuing Education .49Waiver of Legislatively Required Continuing Education .49Continuing Firearms Proficiency Requirements . 50Child Safety Check Alert List Training .51Chapter 219: Prelicensing, Reactivation, Tests, and 19.7§219.11§219.25HHHHEligibility to Take State Examinations .52Reciprocity for Out‐of‐State POs, Federal Criminal Investigators, andMilitary Police. 52Examination Administration .54Examinee Requirements .55Scoring of Examinations .56Reactivation of a License . 57License Requirements for Persons with Military Special Forces Training .58TCOLE Rules HandbookFebruary 1, 2020Page 3 of 149

Chapter 221: Proficiency 39§221.41§221.43§221.45HHHHHHProficiency Certificate Requirements . 59Proficiency Certificates .60Investigative Hypnosis Proficiency .60Mental Health Officer Proficiency .60Firearms Instructor Proficiency .61Firearms Proficiency for Community Supervision Officers .61Academic Recognition Award .61Civil Process Proficiency .62Instructor Proficiency .62Advanced Instructor Proficiency .62Sexual Assault/Family Violence Investigator Certificate .63Retired Peace Officer and Federal Law Enforcement Officer FirearmsProficiency .63SFST Instructor Proficiency .63Firearms Proficiency for Juvenile Probation Officers .64Cybercrime Investigator Proficiency.64Crime Prevention Specialist Proficiency.65Court Security Specialist Certificate .65School‐Based Law Enforcement Proficiency Certificate . 65Jailer Firearm Certificate . 66Chapter 223: HHHHHHHHLicense Action and Notification .66Administrative Penalties . 66Answer Required .68Contested Cases and Hearings .68Surrender of License .69Construction of Other Laws .69License Suspension .70Probation and Mitigating Factors .70Reinstatement of a License .71Suspension Following Felony Arrest .72License Revocation .72Chapter 225: Specialized Licenses133B§225.1§225.3HHIssuance of Jailer License through a Contract Jail Facility .73Issuance of Peace Officer License through a Medical Corporation .73TCOLE Rules HandbookFebruary 1, 2020Page 4 of 149

Chapter 227: School HHHAppointing Entity Responsibilities .74School Marshal Licensing and Reporting Requirements .74School Marshal Training Entities .75School Marshal Renewals .75License Action .76Chapter 229: Texas Peace Officers’ Memorial Monument135B§229.1§229.3§229.7HHHEligibility for Memorial Monument .76Nomination and Selection .77Deaths Not Included.78TCOLE Rules HandbookFebruary 1, 2020Page 5 of 149

II. CHAPTER 1701 TEXAS OCCUPATIONS CODE, 86TH LEGISLATURE HHHDefinitions .79Application of Sunset Act .80Application of Chapter.80Reference To Commission On Law Enforcement Officer Standards AndEducation .80Subchapter B. Commission On Law �1701.059.§1701.060.HHHHHHHHHHCommission Membership .80Eligibility of Public Members .81Membership And Employee Restrictions.81Terms; Vacancy .82Officers; Quorum; Voting .82Grounds For Removal .82Compensation; Reimbursement .83Meetings .83Training .83Application of Open Records Law And Administrative Procedure Law .84Subchapter C. Executive Director And 04.§1701.105.§1701.106.HHHHHHExecutive Director .84Personnel .84Division of Responsibilities .84Qualifications And Standards of Conduct Information .84Career Ladder Program; Performance Evaluations .84Equal Employment Opportunity Policy; Report .85Subchapter D. Powers And Duties Of 01.153.§1701.154.§1701.155.§1701.156.HHHGeneral Powers of Commission; Rulemaking Authority .85Rules Relating To Hiring Date of Peace Officer .86Use of Technology .86Alternative Dispute Resolution .86Electronic Submission of Forms, Data, and Documents .87Rules Relating to Consequences of Criminal Conviction or DeferredAdjudication .87Rules Related To Acceptance Of Credit Hours For Completion OfCertain High School Courses .87Reports From Agencies And Schools .87Fees .88Gifts And Grants .88Law Enforcement Officer Standards And Education Fund .88TCOLE Rules HandbookFebruary 1, 2020Page 6 of 149

.162.§1701.163.§1701.164.HHHHHHHHMoney Allocated And Used For Training Or Continuing Education .88Active And Inactive Peace Officers .90Authority To Commission Investigators As Peace Officers .90Provision of State Flag To Next of Kin of Deceased Peace Officer .90Records and Audit Requirements .90Information Provided by Commissioning Entities .91Collection of Certain Incident‐Based Data Submitted by LawEnforcement Agencies .92Subchapter E. Public Interest Information And Complaint 2035.§1701.204.HHHHHPublic Interest Information .92Complaints . 92Records of Complaints .93Tracking and Analysis of Complaint and Violation Data .93Public Participation.932Subchapter F. Training Programs And 01.258.§1701.259.§1701.260.HHHHHHHHHHHTraining Programs; Instructors .93Program And School Requirements; Advisory Board .94School Curriculum .94Risk Assessment And Inspections .98Enrollment Qualifications .98Instruction In Weapons Proficiency Required .99Firearms Training for County Jailers .99Firearms Training Program For Supervision Officers .99Education and Training Programs on Trafficking of Persons .100Firearms Training Program for Juvenile Probation Officers .100Training For Holders of License To Carry A Concealed Handgun;Certification of Eligibility For Appointment As School Marshal . 101Canine Encounter Training Program .102Training For School District Peace Officers and School Resource Officers103Education And Training Program For School District Peace OfficersAnd School Resource Officers .104Acquired And Traumatic Brain Injuries Training .104Trauma Affected Veterans Training.105Training Program Relating To Child Safety Check Alert List .105Training Program For Court Security Officers .105Civilian Interaction Training Program ter G. License Requirements; Disqualifications And Exemptions§1701.301.HLicense Required .106TCOLE Rules HandbookFebruary 1, 2020Page 7 of 149

in Elected Law Enforcement Officers; License Required .106License Application; Duties of Appointing Entity .107Examination .107Examination Results .108Psychological And Physical Examination .108Issuance of Officer Or County Jailer License .109Issuance of Telecommunicator License .109Qualified Applicant Awaiting Appointment .109Weapons Proficiency .109Age Requirement .110Appointment of County Jailer; Training Required .110Provisional License For Workforce Shortage .111Disqualification: Felony Conviction Or Placement On CommunitySupervision .111§1701.313. Disqualification: Conviction of Barratry.112§1701.314. Exemption: Officer Appointed Before September 1, 1970 .112§1701.315. License Requirement For Persons With Military Special ForcesTraining .112§1701.316. Reactivation of Peace Officer License .113§1701.3161. Reactivation of Peace Officer License: Retired Peace Officers .113§1701.317. Limitation on Information Required for License Renewal .114HHHHHHHHHHHHHHHHHHHHSubchapter H. Continuing Education And Yearly Weapons 701.357.H§1701.358.HContinuing Education Required For Peace Officers .114Continuing Education Programs .115Continuing Education Procedures .116Continuing Education For Deputy Constables .117Initial Training And Continuing Education For Constables .117Continuing Demonstration of Weapons Proficiency .119Certain Officers: Reactivation And Continuing Education NotRequired .119Weapons Proficiency For Certain Retired POs And Federal LEOs AndFor Former Reserve LEOs .120Initial Training And Continuing Education for Police Chiefs.121Subchapter I. Professional Training And .404.HHHHProfessional Achievement .121Proficiency Certificates .122Investigative Hypnosis.124Certification of Officers For Mental Health Assignments .124HTCOLE Rules HandbookFebruary 1, 2020Page 8 of 149

§1701.4045.§1701.405.HCertification of Officers For Family Violence and Sexual ter J. Employment Records§1701.451.Preempl. Req. For Empl. Term. Report & Subm. of BackgroundCheck Confirm. Form .127§1701.452. Employment Termination Report .127§1701.4521. License Suspension For Officer Dishonorably Discharged .129§1701.4525. Petition For Correction of Report; Hearing .129§1701.453. Maintenance of Reports And Statements .130§1701.454. Confidentiality .130§1701.455. Subpoena .130§1701.456. Immunity From Liability .130§1701.457. Limitation On Commission Authority.131§1701.458. Venue .131HHHHHHHHHHHSubchapter K. Disciplinary linary Action .131Felony Conviction Or Placement On Community Supervision .132Barratry Conviction .132Hearing .132Administrative Procedure .132Appeal.132Administrative Penalties .133Subchapter L. Criminal 1.554.HCriminal Penalty For Appointment Or Retention of Certain Persons .133Criminal Penalty For Appointment of Person Not Certified ForInvestigative Hypnosis.133Criminal Penalty For Appointment Or Retention of Persons WithCertain Convictions .134Venue .134Subchapter M. Visiting Resource Officer In Public on.134License Required .134Firearms Accident Prevention Program .134TCOLE Rules HandbookFebruary 1, 2020Page 9 of 149