Texas Administrative Code

Similar documents
10. The applicant must be of good moral character and reputation. 11. The applicant must have a satisfactory prior employment record.

Please tell us how you heard of Jack Harwell Detention Center. Newspaper Ad. Texas Workforce Commission. On- Line Advertising

CITY OF LAREDO CIVIL SERVICE COMMISSION

Texas Administrative Code

ALABAMA PEACE OFFICERS STANDARDS AND TRAINING COMMISSION ADMINISTRATIVE CODE

SECOND REGULAR SESSION [P E R F E C T E D] SENATE BILL NO TH GENERAL ASSEMBLY INTRODUCED BY SENATOR MUNZLINGER.

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of certain orders for protection. (BDR 3-839)

IC Chapter 1.3. Security Guard Agency Licensing

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of orders of protection relating to high-risk behavior.

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT COUNTY, ILLINOIS. PEOPLE OF THE STATE OF ILLINOIS ) ) v. ) Case No. ) ) ) ) Defendant )

*SB0036* S.B. 36 S.B CONCEALED FIREARM ACT AMENDMENTS. LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: J.L. Wilson :34 AM 6

Ohio Legislative Service Commission

115 CMR: DEPARTMENT OF DEVELOPMENTAL SERVICES

PERMITS TO CARRY AND/OR ACQUIRE WEAPONS Laws and Procedure

POLICE DEPARTMENT APPLICANT REQUIREMENTS

PATROL OFFICER APPLICATION PACKAGE

Tribal Concealed Carry Permit Application Please note the following:

IC Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship

LICENSE TO CARRY A HANDGUN ( LTC ) MODEL POLICY

TOWN OF COLUMBINE VALLEY POLICE DEPARTMENT APPLICATION FOR EMPLOYMENT

APPLICATION FOR DENTAL HYGIENE/ PROVISIONAL LICENSURE

Q: Where do I Submit my Application for a Carry License?

AN ACT.

IC ARTICLE 30. PRIVATE INVESTIGATOR FIRMS, SECURITY GUARDS, AND POLYGRAPH EXAMINERS. IC Chapter 1. Private Investigator Firm Licensing

ELIGIBILITY REQUIREMENTS FOR A LICENSE TO CARRY FIREARMS

APPLICATION FOR DENTAL HYGIENE/ PROVISIONAL LICENSURE

ALABAMA STATE BOARD OF CHIROPRACTIC EXAMINERS ADMINISTRATIVE CODE CHAPTER 190-X-2 LICENSURE TABLE OF CONTENTS

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 28, 2017

Miss. Code Ann MISSISSIPPI CODE of ** Current through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions ***

- 79th Session (2017) Senate Bill No. 437 Committee on Commerce, Labor and Energy

Senate Bill No. 237 Senators Lee, Hardy and Beers. Joint Sponsor: Assemblyman Settelmeyer

Fort Worth ISD EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CRIMINAL HISTORY AND CREDIT REPORTS

ARKANSAS STATE POLICE PRIVATE BUSINESS RECOGNITION APPLICATION

UNITED STATES DISTRICT COURT

AN ACT. Relating to the practice of psychology, providing for licensing of psychologists, making certain acts illegal and providing penalties.

NATIONAL PARK SERVICE SEASONAL LAW ENFORCEMENT TRAINING (NPS-SLET) RECRUIT APPLICANT PERSONAL HISTORY STATEMENT

Texas Statutes Section ELIGIBILITY ---TEX OC. CODE ANN :The Law

Michael Gayoso, Jr. Office of the County Attorney TH

JEFFERSON COUNTY ATTORNEY S OFFICE Joshua A. Ney, County Attorney

APPLICATION FOR DENTAL/PROVISIONAL LICENSURE

Proposed Amendment to Georgia Massage Therapy Practice Act

MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. CHAPTER 1 - ADMINISTRATION DATE: ADM PAGE 1 of 6 CONCEALED FIREARM PERMIT POLICY

Chapter 813 Driving Under the Influence of Intoxicants 2003 EDITION Driving under the influence of intoxicants; penalty

Illinois Surgical Assistant Law

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation

Order for Occupational Driver s License

THE FOLLOWING ITEMS MUST BE SENT IN WITH YOUR APPLICATION IN ORDER FOR IT TO BE CONSIDERED COMPLETE:

DEPARTMENT OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES

RULES AND REGULATIONS

Applicant must have been a resident of OH for 45 days immediately preceding the date of application.

Dear Prospective Police Candidate:

COUNTY OF VENTURA VENTURA COUNTY SHERIFF S OFFICE LICENSE TO CARRY WEAPONS POLICY

ARKANSAS STATE POLICE SECURITY OR INVESTIGATION COMPANY APPLICATION

l_132_ nd General Assembly Regular Session Sub. H. B. No

Substitute for HOUSE BILL No. 2159

Tribal Concealed Carry Permit Application

ARKANSAS STATE POLICE SECURITY OR INVESTIGATION BRANCH LOCATION APPLICATION

IC Chapter 5. Regulated Lifting Devices

TEXAS BOARD OF ARCHITECTURAL EXAMINERS 333 GUADALUPE, SUITE AUSTIN, TX (512)

SUPREME COURT OF GEORGIA OFFICE OF BAR ADMISSIONS

As Reported by the House Armed Services, Veterans Affairs, and Homeland Security Committee

Office of the District Attorney Eighteenth Judicial District of Kansas at the Sedgwick County Courthouse 535 North Main Wichita, Kansas 67203

WHATCOM COUNTY CIVIL SERVICE COMMISSION RULES & REGULATIONS

Most Common Firearms Law Questions

REQUIREMENTS FOR FIRST TIME LTC APPLICANTS AND FOR APPLICANTS WITH A CURRENT LTC NOT ISSUED BY THE TOWN OF COHASSET

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA

EDWIN G. BUSS SECRETARY PROCEDURE TITLE: DOMESTIC OR SEXUAL VIOLENCE PROGRAM FOR STAFF

CONTINUING CERTIFICATE REINSTATEMENT REQUIREMENTS

84(R) HB Enrolled version - Bill Text. H.B. No. 910

219 Concealed Weapons Licenses

EXPUNCTION OF CRIMINAL RECORDS IN NORTH CAROLINA

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

MISSISSIPPI LEGISLATURE REGULAR SESSION 2014 COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 764

Referred to Committee on Health and Human Services. SUMMARY Revises provisions governing mental health. (BDR )

ALABAMA BOARD OF MEDICAL EXAMINERS 540-X-3 APPENDIX E ALABAMA BOARD OF MEDICAL EXAMINERS P.O. Box 946--Montgomery, AL (334)

1 of 9. APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION

CANDIDATE S PERSONAL HISTORY STATEMENT

NC General Statutes - Chapter 93D 1

Boston Police Department Rules and Procedures Rule 400C January 8, 2007

- elect annually one of its members as chairman, and shall also elect annually a secretary,

Superior Court of Washington For Pierce County

Orders of Nondisclosure Overview

- 79th Session (2017) Assembly Bill No. 440 Assemblyman Yeager

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

DEPARTMENT OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES

ALABAMA VICTIMS RIGHTS LAWS1

STATE OF KANSAS OFFICE OF THE ATTORNEY GENERAL Through the KANSAS BUREAU OF INVESTIGATION INSTRUCTIONS

Am. Sub. H.B. 49 As Passed by the Senate AGOCD15

Tri-City CUSD #1. Employment Application. An Equal Opportunity Employer This Application will be maintained for 12 months only

PUBLIC INFORMATION. INFORMATION REQUIRED TO BE PLACED ON THE GUAM FAMILY VIOLENCE REGISTRY

THE ALLEN POLICE DEPARTMENT - HIRING PROCESS

Georgia Weapons Carry License Application Instruction for Completing Application Read these instructions carefully before completing the application.

IC Chapter 9. Sealing and Expunging Conviction Records

FAIRHAVEN POLICE DEPARTMENT FIREARMS LICENSING

CHAPTER Committee Substitute for Senate Bill No. 618

NC General Statutes - Chapter 15A Article 82 1

CHECKLIST OF DOCUMENTS NEEDED FOR THE TEACHER/LIBRARIAN RELATED SERVICES/ADMINISTRATOR CERTIFICATION IN THE CNMI

PART XVI MOLD-RELATED SERVICES Mold-related services licensing program; legislative purpose.

Transcription:

Page 1 of 5 <<Prev Rule TITLE 37 PART 7 CHAPTER 217 RULE 217.1 Texas Administrative Code Next Rule>> PUBLIC SAFETY AND CORRECTIONS TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION LICENSING REQUIREMENTS Minimum Standards for Initial Licensure (a) The commission shall issue a peace officer, jailer, temporary jailer, or public security officer license to an applicant who meets the following standards: (1) minimum educational requirements: (A) has passed a general educational development (GED) test indicating high school graduation level; (B) is a high school graduate; or (C) has 12 semester hours credit from an accredited college or university. (2) for peace officers and public security officers, is 21 years of age, or 18 years of age if the applicant has received an associate's degree or 60 semester hours of credit from an accredited college or university or has received an honorable discharge from the armed forces of the United States after at least two years of active service; for jailers is 18 years of age; (3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record; (4) community supervision history: (A) has not ever have been on court-ordered community supervision 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; but (B) the commission may approve the application of a person who received probation or courtordered community supervision for a Class B misdemeanor at least five (5) years prior to application if an agency administrator sufficiently demonstrates in writing with supporting documentation that mitigating circumstances exist with the case and with the individual applying for licensure, and that the public interest would be served by reducing the waiting period; (5) is not currently charged with any criminal offense for which conviction would be a bar to licensure; (6) conviction history: (A) has not ever been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years; but

Page 2 of 5 (B) the commission may approve the application of a person who was convicted for a Class B misdemeanor at least five (5) years prior to application if an agency administrator sufficiently demonstrates in writing with supporting documentation that mitigating circumstances exist with the case and with the individual applying for licensure, and that the public interest would be served by reducing the waiting period; (7) has never been convicted of any family violence offense; (8) is not prohibited by state or federal law from operating a motor vehicle; (9) is not prohibited by state or federal law from possessing firearms or ammunition; (10) has been subjected to a background investigation and has been interviewed prior to appointment by representatives of the appointing authority; (11) has been 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 in writing by that professional 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 physical examination, blood test, or other medical test; and (C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory medical 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; (12) has been examined by a psychologist, selected by the appointing or employing agency, who is licensed by the Texas State Board of Examiners of Psychologists. The psychologist must be familiar with the duties appropriate to the type of license sought and appointment to be made. This examination may also be conducted by a psychiatrist. The appointee must be declared in writing by that professional to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought within 180 days before the date of appointment by the agency. The examination must be conducted pursuant to professionally recognized standards and methods: (A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; (B) the examination may be conducted by qualified persons identified by 501.004, of the Texas Occupations Code. 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 initial 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;

Page 3 of 5 (13) has not been discharged from any military service under less than honorable conditions including, specifically; (A) under other than honorable conditions; (B) bad conduct; (C) dishonorable; (D) any other characterization of service indicating bad character; (14) has not had a commission license denied by final order or revoked; (15) is not currently on suspension, or does not have a voluntary surrender of license currently in effect; (16) meets the minimum training standards and passes the commission licensing examination for each license sought; (17) has not violated any commission rule or provision of the Texas Occupations Code, Chapter 1701; and (18) is a U.S. citizen. (b) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from: (1) another penal provision of Texas law; or (2) a penal provision of any other state, federal, military or foreign jurisdiction. (c) 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. (d) In evaluating whether mitigating circumstances exist, the commission will consider the following factors: (1) the applicant's history of compliance with the terms of community supervision; (2) the applicant's continuing rehabilitative efforts not required by the terms of community supervision; (3) the applicant's employment record; (4) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;

Page 4 of 5 (5) the required mental state of the disposition offense; (6) whether the conduct resulting in the arrest resulted in the loss of or damage to property or bodily injury; (7) the type and amount of restitution made by the applicant; (8) the applicant's prior community service; (9) the applicant's present value to the community; (10) the applicant's post-arrest accomplishments; (11) the applicant's age at the time of arrest; and (12) the applicant's prior military history. (e) A person must successfully complete the minimum training required for the license sought: (1) training for the peace officer license consists of: (A) the current basic peace officer course; (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 program, taken through a licensed academic alternative provider, and after September 1, 2003, at least an associate's degree. (2) training for the jailer license consists of the current basic county corrections course(s); (3) training for the public security officer license consists of the current basic peace officer course; and (4) passing any examination required for the license sought while the endorsement remains valid. (f) The commission shall issue a peace officer or jailer license to any person who is otherwise qualified for that license, even if that person is not subject to the licensing law or rules by virtue of election or appointment to office under the Texas Constitution. (g) A sheriff who first took office on or after January 1, 1994, must meet the licensing requirements of 1701.302 of the Texas Occupations Code (h) A constable taking office after August 30, 1999, must meet the licensing requirements of 86.0021 of the Texas Local Government Code.

Page 5 of 5 (i) The commission may issue a provisional license, consistent with 1701.311 of the Texas Occupations Code, to an agency for a person to be appointed by that agency. 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 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 transferred 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; (3) on the date the holder fails the peace officer licensing examination for the third time; or (4) on failure to comply with the terms stipulated in the provisional license approval. (j) The commission may issue a temporary jailer license, consistent with 1701.310 of the Texas Occupations Code. 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 temporary jailer license. A temporary jailer license expires: (1) 12 months from the original appointment date; (2) on completion of training and passing of the jailer licensing examination; or (3) on the date the holder fails the jailer licensing examination for the third time. (k) 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. (l) The effective date of this section is July 6, 2009. Source Note: The provisions of this 217.1 adopted to be effective March 1, 2001, 26 TexReg 226; amended to be effective November 1, 2001, 26 TexReg 8192; amended to be effective March 1, 2002, 27 TexReg 480; amended to be effective March 1, 2003, 27 TexReg 12373; amended to be effective June 1, 2006, 31 TexReg 2875; amended to be effective July 9, 2007, 32 TexReg 4230; amended to be effective January 1, 2009, 33 TexReg 10506; amended to be effective July 6, 2009, 34 TexReg 4347 Next Page Previous Page List of Titles Back to List Public Footer Bar