PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 25. SAFETY RESPONSIBILITY REGULATIONS
The Texas Department of Public Safety (the department) proposes an amendment to §25.8, concerning Reinstatement. The proposed amendment implements House Bill 3224, 88th Leg., R.S. (2023), by removing the reference to reinstating a suspended motor vehicle registration because the bill removed the ability to suspend a motor vehicle registration for a second conviction of failure to establish financial responsibility, and only a driver license may be suspended under that circumstance.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be that a second conviction for failure to establish financial responsibility will not result in the suspension of vehicle registration.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand, limit, or repeal an existing regulation. The proposed rulemaking does increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department’s work; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code and Texas Transportation Code §601.021, which authorizes the department to administer and enforce Chapter 601 of the Texas Transportation Code.
Texas Government Code, §411.004(3); Texas Transportation Code, §521.005; and §601.021, are affected by this proposal.
§25.8.Reinstatement.
When a party's license is [and/or registrations
have been] suspended, and proof of financial responsibility
is a prerequisite for withdrawal of such suspension, a statutory reinstatement
fee will be required prior to renewal or issuance of a license [and/or
registrations]. When a party's license is [and/or
registrations are] suspended in several cases and proof of financial
responsibility is required in each case, only one statutory reinstatement
fee will be required prior to renewal or issuance of a license.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304634
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 424-5848
SUBCHAPTER E. DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES
The Texas Department of Public Safety (the department) proposes amendments to §36.60, concerning Administrative Penalties. The proposed amendments remove obsolete language and modify the penalty schedule to implement changes made in rule §36.11 and in Senate Bill 224, 88th Leg., R.S. (2023), amending Occupations Code, Chapter 1956, Metal Recycling Entities.
The department previously proposed amendments to §36.60 in the September 8, 2023, issue of the Texas Register (48 TexReg 5011) and accepted comments through October 9, 2023. Written comments were submitted by Carol Alvarado, Texas State Senator, District 6, Jeff Leach, Texas State Representative, District 67, and Steve Bresnen, on behalf of PGM of Texas, all of whom expressed concerns that the administrative penalties proposed were not consistent with Senate Bill 224, which provided for harsher penalties of fines up to $10,000 to deter criminals and businesses from engaging in illegal activities related to catalytic converters. In response to these comments the department withdrew the previously published proposal and is now reintroducing it with increased penalties relating to certain catalytic converter transactions.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be greater clarity in regulation of the metal recycling industry and compliance with legislation.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability. During the first five years the proposed rule is in effect the proposed rule should not impact positively or negatively the state's economy.
Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O. Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer Chapter 1956.
Texas Government Code, §411.004(3) and Texas Occupations Code, §1956.013, are affected by this proposal.
§36.60.Administrative Penalties.
[(a) In addition to or in lieu of
discipline imposed pursuant to §36.52 of this title (relating
to Advisory Letters, Reprimands and Suspensions of a Certificate of
Registration) the department may impose an administrative penalty
on a person who violates this Chapter or Subchapter A-2 or Subchapter
A-3 of the Act, or who engages in conduct that would constitute an
offense under §1956.040(c-2) or (c-4) of the Act.]
(a) [(b)] The figure in this
section reflects the department's penalty schedule applicable to administrative
penalties imposed under this section. For any violation not expressly
addressed in the penalty schedule, the department may impose a penalty
not to exceed $500 for the first (1st) violation. For the second (2nd)
violation within the preceding one (1) year period, the penalty may
not exceed $1,000.
Figure: 37 TAC §36.60(a) (.pdf)
[Figure: 37 TAC §36.60(b)]
(b) [(c)] Upon receipt of a notice
of administrative penalty under this section, a person may request
a hearing before the department pursuant to §36.56 of this title
(relating to Informal Hearing; Settlement Conference).
(c) [(d)] The failure to pay
an administrative penalty that has become final, whether by the passage
of the deadline to appeal or by final court disposition, whichever
is later, shall result in suspension of the license with no further
notice or right to appeal. The suspension takes effect when the appeal
deadline has passed and remains in effect until the penalty is paid
in full.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304672
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 424-5848
CHAPTER 215. TRAINING AND EDUCATIONAL PROVIDERS
The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §215.13, Risk Assessment. This proposed amended rule allows for a training provider's licensing exam passing rate to be calculated across all exam attempts, instead of only first attempts by students.
Mr. John P. Beauchamp, Interim Executive Director, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effect on state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by encouraging further educational support for students while continuing to maintain minimum standards for licensing examinations. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no anticipated costs to small businesses, microbusinesses, or individuals as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. John P. Beauchamp, Interim Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
The amended rule as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
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 all [first] attempts
for any three consecutive state fiscal years is less than 80 percent
of the students attempting the licensing exam;
(2) courses taught by academic alternative providers are not conducted in compliance with Higher Education Program Guidelines 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 documentation is not on file;
(6) the training provider submits false reports to the commission;
(7) the training provider makes repeated errors in reporting;
(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 identified 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 concerning the quality of training or failure to meet training needs for the service 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 documentation 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 concerning the quality of training or failure to meet training needs for the service 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 concerning the quality of education or failure to meet education needs for the service area.
(d) If at risk, the chief administrator of the sponsoring organization, or the training coordinator, must report to the commission in writing within 30 days what steps are being taken to correct deficiencies 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 probationary status for one year. If the provider remains at-risk after a 12-month probationary period, the commission shall begin the revocation process. If a provider requests a settlement agreement, the commission may enter into an agreement in lieu of revocation.
(g) A training or educational program placed on at-risk probationary status must notify all students and potential students of their at-risk status.
(h) The effective date of this section is February 1, 2016.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304673
John Beauchamp
Interim Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §218.3, Legislatively Required Continuing Education for Licensees. This proposed amended rule conforms with the amendments made to Texas Occupations Code §1701.253(q) and §1701.3525 made by Senate Bill 1852 (88R).
Mr. John P. Beauchamp, Interim Executive Director, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effect on state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by conforming with Texas Occupations Code §1701.253 and §1701.3525 to require active shooter response training for law enforcement personnel. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no anticipated cost to small businesses, microbusinesses, or individuals as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. John P. Beauchamp, Interim Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.253, School Curriculum, §1701.3525, Active Shooter Response Training Required for Officers, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
The amended rule as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.253, School Curriculum, §1701.3525, Active Shooter Response Training Required for Officers, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
No other code, article, or statute is affected by this proposal.
§218.3.Legislatively Required Continuing Education for Licensees.
(a) Each licensee shall complete the legislatively mandated continuing education in this chapter. Each appointing agency shall allow the licensee the opportunity to complete the legislatively mandated continuing education in this chapter. This section does not limit the number or hours of continuing education an agency may provide.
(b) Each training unit (2 years)
(1) Peace officers shall complete at least 40 hours of continuing education, to include the corresponding legislative update for that unit. Peace officers shall complete not less than 16 hours of training on responding to an active shooter as developed by the Advanced Law Enforcement Rapid Response Training Center at Texas State University-San Marcos.
(2) Telecommunicators shall complete at least 20 hours of continuing education to include cardiopulmonary resuscitation training.
(c) Each training cycle (4 years)
(1) Peace officers who have not yet reached intermediate proficiency certification shall complete: Cultural Diversity (3939), Special Investigative Topics (3232), Crisis Intervention (3843) and De-escalation (1849).
(2) Individuals licensed as reserve law enforcement officers, jailers, or public security officers shall complete Cultural Diversity (3939), unless the person has completed or is otherwise exempted from legislatively required training under another commission license or certificate.
(d) Assignment specific training
(1) Police chiefs: individuals appointed as "chief" or "police chief" of a police department shall complete:
(A) For an individual appointed to that individual's first position as chief, the initial training program for new chiefs provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual's appointment or election as chief; and
(B) At least 40 hours of continuing education for chiefs each 24-month unit, as provided by the Bill Blackwood Law Enforcement Management Institute.
(2) Constables: elected or appointed constables shall complete:
(A) For an individual appointed or elected to that individual's first position as constable, the initial training program for new constables provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual's appointment or election as constable.
(B) Each 48 month cycle, at least 40 hours of continuing education for constables, as provided by the Bill Blackwood Law Enforcement Management Institute and a 20 hour course of training in civil process to be provided by a public institution of higher education selected by the Commission.
(3) Deputy constables: each deputy constable shall complete a 20 hour course of training in civil process each training cycle. The commission may waive the requirement for this training if the constable, in the format required by TCOLE, requests exemption due to the deputy constable not engaging in civil process as part of their assigned duties.
(4) New supervisors: each peace officer assigned to their first position as a supervisor must complete new supervisor training within one year prior to or one year after appointment as a supervisor.
(5) School-based Law Enforcement Officers: School district peace officers and school resource officers providing law enforcement services at a school district must obtain a school-based law enforcement proficiency certificate within 180 days of the officer's commission or placement in the district or campus of the district.
(6) Eyewitness Identification Officers: peace officers performing the function of eyewitness identification must first complete the Eyewitness Identification training (3286).
(7) Courtroom Security Officers/Persons: any person appointed to perform courtroom security functions at any level shall complete the Courtroom Security course (10999) within 1 year of appointment.
(8) Body-Worn Cameras: peace officers and other persons meeting the requirements of Occupations Code 1701.656 must first complete Body-Worn Camera training (8158).
(9) Officers Carrying Epinephrine Auto-injectors: peace officers meeting the requirements of Occupations Code 1701.702 must first complete epinephrine auto-injector training.
(10) Jailer Firearm Certification: jailers carrying a firearm as part of their assigned duties must first obtain the Jailer Firearms certificate before carrying a firearm.
(11) University Peace Officers, Trauma-Informed Investigation Training: each university or college peace officer shall complete an approved course on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking.
(e) Miscellaneous training
(1) Human Trafficking: every peace officer first licensed on or after January 1, 2011, must complete Human Trafficking (3270), within 2 years of being licensed.
(2) Canine Encounters: every peace officer first licensed on or after January 1, 2016, must take Canine Encounters (4065), within 2 years of being licensed.
(3) Deaf and Hard of Hearing Drivers: every peace officer licensed on or after March 1, 2016, must complete Deaf and Hard of Hearing Drivers (7887) within 2 years of being licensed.
(4) Civilian Interaction Training: every peace officer licensed before January 1, 2018, must complete Civilian Interaction Training Program (CITP) within 2 years. All other peace officers must complete the course within 2 years of being licensed.
(5) Crisis Intervention Training: every peace officer licensed on or after April 1, 2018, must complete the 40 hour Crisis Intervention Training within 2 years of being licensed.
(6) Mental Health for Jailers: all county jailers must complete Mental Health for Jailers not later than August 31, 2021.
(f) The Commission may choose to accept an equivalent course for any of the courses listed in this chapter, provided the equivalent course is evaluated by commission staff and found to meet or exceed the minimum curriculum requirements of the legislatively mandated course.
(g) The commission shall provide adequate notice to agencies and licensees of impending non-compliance with the legislatively required continuing education.
(h) The chief administrator of an agency that has licensees who are in non-compliance shall, within 30 days of receipt of notice of non-compliance, submit a report to the commission explaining the reasons for such non-compliance.
(i) Licensees shall complete the legislatively mandated continuing education in the first complete training unit, as required, or first complete training cycle, as required, after being licensed.
(j) All peace officers must meet all continuing education requirements except where exempt by law.
(k) The effective date of this section is June 1, 2022.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304676
John Beauchamp
Interim Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 936-7700
The Texas Commission on Law Enforcement (Commission) proposes new 37 Texas Administrative Code §221.46 concerning Active Shooter Training for Schools. This proposed new rule conforms with the addition of Texas Occupations Code §1701.2515 made by Senate Bill 999 (88R).
Mr. John P. Beauchamp, Interim Executive Director, has determined that for each year of the first five years this proposed new rule will be in effect, there will be no effect on state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be a positive benefit to the public by conforming with Texas Occupations Code §1701.2515 to establish requirements to obtain a certificate to provide active shooter training to peace officers of students or employees at a public primary school, public secondary school, or institution of higher education. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed new rule will be in effect, there will be no anticipated cost to small businesses, microbusinesses, or individuals as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed new rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. John P. Beauchamp, Interim Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The new rule is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.2515, Certificate Required to Provide Active Shooter Training at Public Schools and Institutions of Higher Education, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
The new rule as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.2515, Certificate Required to Provide Active Shooter Training at Public Schools and Institutions of Higher Education, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
No other code, article, or statute is affected by this proposal.
§221.46.Active Shooter Training for Schools.
(a) To qualify for an Active Shooter Training Instructor certificate under Texas Occupations Code § 1701.2515, an individual must possess a current TCOLE Instructor Proficiency Certificate, complete an active shooter training instructor course approved by the commission, and complete any required application. The certificate expires two years from the date of issuance. An individual may apply for renewal of the certificate by providing proof the applicant has completed eight hours of continuing education related to law enforcement response to active shooter events.
(b) To qualify as an Active Shooter Training Provider under Texas Occupations Code § 1701.2515, a training provider must complete an application and show proof that the training provider employs appropriate training staff that possess a current Active Shooter Training Instructor certificate described in subsection (a) of this section. The certificate expires two years from the date of issuance.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304677
John Beauchamp
Interim Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 936-7700