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2009 Texas Code
OCCUPATIONS CODE
TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
CHAPTER 1701. LAW ENFORCEMENT OFFICERS

OCCUPATIONS CODE

TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY

CHAPTER 1701. LAW ENFORCEMENT OFFICERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1701.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Commission on Law Enforcement Officer

Standards and Education.

(2) "County jailer" means a person employed as a county jail

guard under Section 85.005, Local Government Code.

(3) "Officer" means a peace officer or reserve law enforcement

officer.

(4) "Peace officer" means a person elected, employed, or

appointed as a peace officer under Article 2.12, Code of Criminal

Procedure, or other law.

(5) "Public security officer" means a person employed or

appointed as an armed security officer by this state or a

political subdivision of this state. The term does not include a

security officer employed by a private security company that

contracts with this state or a political subdivision of this

state to provide security services for the entity.

(6) "Reserve law enforcement officer" means a person designated

as a reserve law enforcement officer under Section 85.004,

86.012, or 341.012, Local Government Code, or Section 60.0775,

Water Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

173, Sec. 2, eff. May 27, 2005.

Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission on Law

Enforcement Officer Standards and Education is subject to Chapter

325, Government Code (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the commission is

abolished and this chapter expires September 1, 2021.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 1, eff. September 1, 2009.

Sec. 1701.003. APPLICATION OF CHAPTER. (a) Except as expressly

provided by this chapter, this chapter does not:

(1) limit the powers or duties of a municipality or county; or

(2) affect Chapter 143, Local Government Code.

(b) This chapter does not affect a constable or other officer or

county jailer elected under the Texas Constitution before

September 1, 1985, and does not affect a person who held the

office of sheriff before January 1, 1994.

establishing qualifications and standards for hiring or training

officers and county jailers that exceed the commission's minimum

standards.

(d) A provision of this chapter applying to issuance or

revocation of a peace officer license applies to issuance or

revocation of a public security officer license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND

EDUCATION

Sec. 1701.051. COMMISSION MEMBERSHIP. (a) The Commission on

Law Enforcement Officer Standards and Education is an agency of

this state and consists of nine members appointed by the governor

with the advice and consent of the senate as follows:

(1) three members who are sheriffs, constables, or chiefs of

police;

(2) three members who:

(A) are licensed under this chapter, two of whom are peace

officers who, at the time of appointment, hold nonsupervisory

positions with a law enforcement agency; and

(B) have been licensed under this chapter for the five years

preceding the date of appointment; and

(3) three members who represent the public.

(b) Appointments to the commission shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointees.

commission as an additional duty of the office.

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec.

35(1), eff. September 1, 2009.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 35(1), eff. September 1, 2009.

Sec. 1701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not

eligible for appointment as a public member of the commission if

the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of law enforcement;

(2) is employed by or participates in the management of a

business entity or other organization regulated by the commission

or receiving funds from the commission;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the commission or receiving funds from the

commission;

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the commission, other than compensation

or reimbursement authorized by law for commission membership,

attendance, or expenses; or

(5) is an officer, employee, or paid consultant of a law

enforcement labor union.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a commission member and may not be an

employee of the commission employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of law enforcement or county

corrections; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of law

enforcement or county corrections.

the general counsel to the commission or the agency if the person

is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the

commission's operation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 2, eff. September 1, 2009.

Sec. 1701.054. TERMS; VACANCY. (a) Appointed commission

members serve staggered six-year terms. Every two years:

(1) the term of one of the members appointed under Section

1701.051(a)(1) expires;

(2) the term of one of the members appointed under Section

1701.051(a)(2) expires; and

(3) the term of one of the members appointed under Section

1701.051(a)(3) expires.

(b) A vacancy in an office of a member of the commission shall

be filled for the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.055. OFFICERS; QUORUM; VOTING. (a) The governor

shall designate a commission member to serve as the commission's

presiding officer. The presiding officer serves in that capacity

at the will of the governor.

(b) At its first meeting after appointment of members to serve

regular terms, the commission shall elect an assistant presiding

officer and a secretary from its appointed members.

quorum.

(d) An ex officio member may not vote.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.056. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the commission that a member:

(1) does not have at the time of taking office the

qualifications required by Section 1701.051(a) or 1701.052;

(2) does not maintain during service on the commission the

qualifications required by Section 1701.051(a) or 1701.052;

(3) is ineligible for membership under Section 1701.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

commission meetings that the member is eligible to attend during

a calendar year without an excuse approved by a majority vote of

the commission.

(b) The validity of an action of the commission is not affected

by the fact that it is taken when a ground for removal of a

commission member exists.

ground for removal exists, the executive director shall notify

the commission's presiding officer of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the commission, who shall notify the governor and the attorney

general that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 3, eff. September 1, 2009.

Sec. 1701.057. COMPENSATION; REIMBURSEMENT. (a) A commission

member may not receive compensation for service on the

commission.

(b) A commission member is entitled to reimbursement for actual

and necessary expenses incurred in performing functions under

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.058. MEETINGS. (a) The commission shall meet at

least once during each biennium to receive public comment on

training and standards for officers and county jailers. Within a

reasonable time after the meeting, the commission shall report to

the governor and legislature findings and recommendations

resulting from the meeting.

(b) The commission may meet at other times and places in this

state that the commission considers proper. The presiding officer

may call a meeting on the officer's own motion and shall call a

meeting on the written request of five members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.059. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the commission may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the commission until the person completes a training program

that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the commission;

(2) the programs, functions, rules, and budget of the

commission;

(3) the results of the most recent formal audit of the

commission;

(4) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(5) any applicable ethics policies adopted by the commission or

the Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 4, eff. September 1, 2009.

Sec. 1701.060. APPLICATION OF OPEN RECORDS LAW AND

ADMINISTRATIVE PROCEDURE LAW. Except as provided by Sections

1701.502 and 1701.503, the commission is subject to Chapters 551

and 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 1701.101. EXECUTIVE DIRECTOR. The commission may employ an

executive director.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.102. PERSONNEL. The commission may employ personnel

necessary to perform commission functions.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.103. DIVISION OF RESPONSIBILITIES. The commission

shall develop and implement policies that clearly define the

policy-making responsibilities of the commission and the

management responsibilities of the executive director and the

staff of the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.104. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The executive director or the executive director's

designee shall provide, as often as necessary, to the

commission's members and employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program that

addresses opportunities for mobility and advancement for

employees within the agency. The program must require

intra-agency posting of all positions concurrently with any

public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations that are

based on documented employee performance. All merit pay for

commission employees must be based on this system.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee

shall prepare and maintain a written policy statement to ensure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies related to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with requirements

of Chapter 21, Labor Code;

(2) a comprehensive analysis of the commission workforce that

meets federal and state laws, rules, and regulations and

instructions promulgated directly from those laws, rules, and

regulations;

(3) procedures by which a determination can be made of underuse

in the commission workforce of all persons for whom federal or

state laws, rules, and regulations and instructions promulgated

directly from those laws, rules, and regulations encourage a more

equitable balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as a part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING

AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter and for

the commission's internal management and control;

(2) establish minimum standards relating to competence and

reliability, including education, training, physical, mental, and

moral standards, for licensing as an officer, county jailer, or

public security officer;

(3) report to the governor and legislature on the commission's

activities, with recommendations on matters under the

commission's jurisdiction, and make other reports that the

commission considers desirable;

(4) require a state agency or a county, special district, or

municipality in this state that employs officers or county

jailers to submit reports and information;

(5) contract as the commission considers necessary for services,

facilities, studies, and reports required for:

(A) cooperation with municipal, county, special district, state,

and federal law enforcement agencies in training programs; and

(B) performance of the commission's other functions; and

(6) conduct research and stimulate research by public and

private agencies to improve law enforcement and police

administration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.152. RULES RELATING TO HIRING DATE OF PEACE OFFICER.

The commission may not adopt or enforce a rule that sets the date

of appointment of a peace officer at a later date than the date

that appears on employment records of the hiring law enforcement

agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall

implement a policy requiring the commission to use appropriate

technological solutions to improve the commission's ability to

perform its functions. The policy must ensure that the public is

able to interact with the commission on the Internet.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The

commission shall develop and implement a policy to encourage the

use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of commission rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the commission's

jurisdiction.

(b) The commission's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND

DOCUMENTS. The commission by rule shall:

(1) develop and establish a system for the electronic submission

of forms, data, and documents required to be submitted to the

commission under this chapter; and

(2) once that system is established, require law enforcement

agencies to submit to the commission electronically any form,

data, or document required to be submitted to the commission

under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL

CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule

shall establish guidelines consistent with this chapter that are

necessary to comply with Chapter 53 to the extent that chapter

applies to persons licensed under this chapter.

(b) In its rules under this section, the commission shall list

the offenses for which a conviction would constitute grounds for

the commission to take action under Section 53.021 or for which

placement on deferred adjudication community supervision would

constitute grounds for the commission to take action under this

chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.153. REPORTS FROM AGENCIES AND SCHOOLS. (a) The

commission shall establish reporting standards and procedures

for:

(1) appointment and termination of officers and county jailers

by law enforcement agencies;

(2) the activities of licensed training schools; and

(3) other matters the commission considers necessary for the

administration of this chapter.

(b) The commission shall furnish each agency and licensed

training school with the required reporting forms, including

access to electronic submission forms when the system under

Section 1701.1523 is established.

or licensed training school is responsible for compliance with

the reporting standards and procedures prescribed by the

commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 5, eff. September 1, 2009.

Sec. 1701.154. FEES. The commission may establish reasonable

and necessary fees for the administration of this chapter,

including reasonable and necessary fees for the administration of

Section 1701.257.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.155. GIFTS AND GRANTS. The commission may accept

grants or gifts from private individuals, foundations, or the

federal government.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.156. LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION

FUND. (a) The law enforcement officer standards and education

fund account is in the general revenue fund.

(b) The commission shall use the account in administering this

chapter and performing other commission duties established by

law.

35(2), eff. September 1, 2009.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 87, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 35(2), eff. September 1, 2009.

Sec. 1701.157. MONEY ALLOCATED AND USED FOR CONTINUING

EDUCATION. (a) Not later than March 1 of each calendar year,

the comptroller shall allocate money deposited during the

preceding calendar year in the general revenue fund to the credit

of the law enforcement officer standards and education fund

account for expenses related to the continuing education of

persons licensed under this chapter as follows:

(1) 20 percent of the money is allocated to all local law

enforcement agencies in this state in equal shares; and

(2) 80 percent of the money is allocated to all local law

enforcement agencies in this state in a share representing a

fixed amount for each position in the agency, as of January 1 of

the preceding calendar year, that is reserved to a person who:

(A) is licensed under this chapter;

(B) works as a peace officer on the average of at least 32 hours

a week; and

least at the minimum wage and is entitled to all employee

benefits offered to a peace officer by the political subdivision.

(b) To provide the necessary information for an allocation of

money under Subsection (a), a local law enforcement agency must

report to the comptroller not later than November 1 of the

preceding calendar year:

(1) the number of agency positions described by Subsection

(a)(2) authorized as of January 1 of the year the report is due;

(2) the number of agency positions described by Subsection

(a)(2) filled as of January 1 of the year the report is due;

(3) the percentage of the money received by the agency under

Subsection (a) pursuant to the allocation made by the comptroller

on or before March 1 of the year preceding the year in which the

report is due that was used by the agency before the date of the

allocation made by the comptroller under Subsection (a) on or

before March 1 of the year the report is due;

(4) the number of training hours received during the 12-month or

approximately 12-month period described by Subdivision (3) that

were funded by money received by the agency pursuant to the

allocation made by the comptroller on or before March 1 of the

year preceding the year in which the report is due; and

(5) that the agency has complied with the requirements of this

section regarding the use of any money received by the agency

pursuant to the allocation made by the comptroller on or before

March 1 of the year preceding the year in which the report is

due.

complete and detailed record of money received and spent by the

agency under this section. Money received under this section is

subject to audit by the comptroller. Money spent under this

section is subject to audit by the state auditor.

(d) A local law enforcement agency shall use money received

under Subsection (a) only as necessary to ensure the continuing

education of persons licensed under this chapter or to provide

necessary training, as determined by the agency head, to

full-time fully paid law enforcement support personnel in the

agency.

(e) A local law enforcement agency may not use money received

under Subsection (a) to replace funds that are provided to the

agency by the county or municipality having jurisdiction over the

agency on a recurring basis for training law enforcement officers

and support personnel.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 6, eff. September 1, 2009.

Sec. 1701.158. ANNUAL REPORT. (a) The commission shall prepare

annually a complete and detailed written report accounting for

all funds received and disbursed by the commission during the

preceding fiscal year.

(b) The report must meet the reporting requirements applicable

to financial reporting provided by the General Appropriations

Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.159. ACTIVE AND INACTIVE PEACE OFFICERS. (a) The

commission shall establish a list of active licensed peace

officers and a list of inactive licensed peace officers who leave

the employment of a law enforcement agency.

(b) A retired peace officer as defined by Section 1701.3161

continues to hold as an inactive license the license the retired

officer held at the time the retired officer last served as an

elected, appointed, or employed peace officer unless the license

was revoked for cause under Section 1701.501.

not serve as a peace officer unless the person reactivates the

license as provided by Section 1701.316 or 1701.3161.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

878, Sec. 1, eff. June 15, 2007.

Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE

OFFICERS. The commission may commission certified peace officers

as investigators employed by the commission for the limited

purpose of assisting the commission in administering this

chapter.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.501(a), eff.

Sept. 1, 2001.

Sec. 1701.161. PROVISION OF STATE FLAG TO NEXT OF KIN OF

DECEASED PEACE OFFICER. (a) If the next of kin of a deceased

peace officer requests a state flag, the commission shall:

(1) provide a state flag, at no cost to the next of kin, if the

peace officer was:

(A) a current peace officer at the time of the officer's death;

(B) an honorably retired peace officer who voluntarily

terminated employment with a law enforcement agency of this state

or a political subdivision of this state; and

(2) notify the office of the governor of the death of the peace

officer.

(b) The commission may apply for and accept gifts and grants

from public and private entities on behalf of the Texas peace

officer flag account.

the commission under Subsection (b) to the credit of the Texas

peace officer flag account. The Texas peace officer flag account

is a special account in the general revenue fund. Money in the

account may be appropriated only to the commission for the

purpose of implementing this section. Interest earned on money in

the Texas peace officer flag account shall be credited to the

account.

Added by Acts 2001, 77th Leg., ch. 476, Sec. 5, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

744, Sec. 4, eff. September 1, 2005.

Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The

commission is entitled to access records maintained under

Sections 1701.303, 1701.306, and 1701.310 by an agency hiring a

person to be an officer or county jailer, including records that

relate to age, education, physical standards, citizenship,

experience, and other matters relating to competence and

reliability, as evidence of qualification for licensing of an

officer or county jailer.

(b) The commission shall audit the records described by

Subsection (a) of each law enforcement agency at least once every

five years.

framework for the audits conducted by the commission under

Subsection (b) that:

(1) addresses the types of documents subject to audit;

(2) provides a schedule for additional risk-based inspections

based on:

(A) whether there has been a prior violation by the law

enforcement agency;

(B) the inspection history of the agency; and

appropriate;

(3) provides timelines for complying with an audit request or

correcting a violation found during the audit process; and

(4) establishes sanctions for failing to comply with an audit

request or to correct a violation found during the audit process.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.163. INFORMATION PROVIDED BY COMMISSIONING ENTITIES.

(a) This section applies only to an entity authorized by statute

or by the constitution to create a law enforcement agency or

police department and commission, appoint, or employ officers

that first creates a law enforcement agency or police department

and first begins to commission, appoint, or employ officers on or

after September 1, 2009.

(b) The entity shall submit to the commission on creation of the

law enforcement agency or police department information

regarding:

(1) the need for the law enforcement agency or police department

in the community;

(2) the funding sources for the law enforcement agency or police

department;

(3) the physical resources available to officers;

(4) the physical facilities that the law enforcement agency or

police department will operate, including descriptions of the

evidence room, dispatch area, and public area;

(5) law enforcement policies of the law enforcement agency or

police department, including policies on:

(A) use of force;

(B) vehicle pursuit;

(D) domestic abuse protocols;

(E) response to missing persons;

(F) supervision of part-time officers; and

(G) impartial policing;

(6) the administrative structure of the law enforcement agency

or police department;

(7) liability insurance; and

(8) any other information the commission requires by rule.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA

SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall

collect and maintain incident-based data submitted to the

commission under Article 2.134, Code of Criminal Procedure,

including incident-based data compiled by a law enforcement

agency from reports received by the law enforcement agency under

Article 2.133 of that code. The commission in consultation with

the Department of Public Safety, the Bill Blackwood Law

Enforcement Management Institute of Texas, the W. W. Caruth, Jr.,

Police Institute at Dallas, and the Texas Police Chiefs

Association shall develop guidelines for submitting in a standard

format the report containing incident-based data as required by

Article 2.134, Code of Criminal Procedure.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 8, eff. September 1, 2009.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 1701.201. PUBLIC INTEREST INFORMATION. (a) The commission

shall prepare information of public interest describing the

regulatory functions of the commission and the procedures by

which public complaints are filed with and resolved by the

commission.

(b) The commission shall make the information available to the

public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.202. COMPLAINTS. (a) The commission by rule shall

establish a comprehensive procedure for each phase of the

commission's jurisdictional complaint enforcement process,

including:

(1) complaint intake;

(2) investigation;

(3) adjudication and relevant hearings;

(4) appeals;

(5) the imposition of sanctions; and

(6) public disclosure.

(b) On request, a license holder may obtain information

regarding a complaint made against the license holder under this

chapter, including a complete copy of the complaint file. On

receipt of a request under this subsection, the commission shall

provide the requested information in a timely manner to allow the

license holder time to respond to the complaint.

regarding the commission's complaint enforcement process

described by this section is available on any publicly accessible

Internet website and in any appropriate printed materials

maintained by the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 9, eff. September 1, 2009.

Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission shall

maintain a system to promptly and efficiently act on

jurisdictional complaints filed with the commission. The

commission shall maintain information about parties to the

complaint, the subject matter of the complaint, a summary of

the results of the review or investigation of the complaint, and

its disposition.

(b) The commission shall make information available describing

its procedures for complaint investigation and resolution.

complaint of the status of the complaint until final disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 10, eff. September 1, 2009.

Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND VIOLATION

DATA. (a) The commission shall develop and implement a method

for:

(1) tracking complaints filed with the commission through their

final disposition, including:

(A) the reason for each complaint;

(B) how each complaint was resolved; and

jurisdiction of the commission and how the commission responded

to the complaint; and

(2) tracking and categorizing the sources and types of

complaints filed with the commission and of violations of this

chapter or a rule adopted under this chapter.

(b) The commission shall analyze the complaint and violation

data maintained under Subsection (a) to identify trends and areas

that may require additional regulation or enforcement.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 11, eff. September 1, 2009.

Sec. 1701.204. PUBLIC PARTICIPATION. (a) The commission shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the commission and to

speak on any issue under the commission's jurisdiction.

(b) The commission shall prepare and maintain a written plan

that describes how a person who does not speak English may be

provided reasonable access to the commission's programs and

services.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. TRAINING PROGRAMS AND SCHOOLS

Sec. 1701.251. TRAINING PROGRAMS; INSTRUCTORS. (a) The

commission shall establish and maintain training programs for

officers and county jailers. The training shall be conducted by

the commission staff or by other agencies and institutions the

commission considers appropriate.

(b) The commission may authorize reimbursement for a political

subdivision or state agency as authorized by the legislature for

expenses incurred in attending a training program.

(1) issue or revoke the license of a school operated by or for

this state or a political subdivision of this state specifically

for training officers, county jailers, or recruits;

(2) operate schools and conduct preparatory, in-service, basic,

and advanced courses in the schools, as the commission determines

appropriate, for officers, county jailers, and recruits;

(3) issue a license to a person to act as a qualified instructor

under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county, special

district, state agency or other governmental agency, or a

university, college, junior college, or other institution,

concerning the development of schools and training programs for

officers and county jailers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.252. PROGRAM AND SCHOOL REQUIREMENTS; ADVISORY BOARD.

(a) Unless a school has created an advisory board for developing

a curriculum, the commission may not issue a license to the

school or approve a training program or course for officers or

county jailers other than a program created by the Bill Blackwood

Law Enforcement Management Institute of Texas.

(b) At least one-third of the members of an advisory board under

Subsection (a) must be public members who meet the qualifications

required of a public member of the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.253. SCHOOL CURRICULUM. (a) The commission shall

establish minimum curriculum requirements for preparatory and

advanced courses and programs for schools subject to approval

under Section 1701.251(c)(1).

(b) In establishing requirements under this section, the

commission shall require courses and programs to provide training

in:

(1) the investigation and documentation of cases that involve:

(A) child abuse or neglect;

(B) family violence; and

(2) issues concerning sex offender characteristics; and

(3) crime victims' rights under Chapter 56, Code of Criminal

Procedure, and Chapter 57, Family Code, and the duty of law

enforcement agencies to ensure that a victim is afforded those

rights.

commission shall establish a statewide comprehensive education

and training program on civil rights, racial sensitivity, and

cultural diversity for persons licensed under this chapter.

(d) Training in documentation of cases required by Subsection

(b) shall include instruction in:

(1) making a written account of the extent of injuries sustained

by the victim of an alleged offense;

(2) recording by photograph or videotape the area in which an

alleged offense occurred and the victim's injuries; and

(3) recognizing and recording a victim's statement that may be

admissible as evidence in a proceeding concerning the matter

about which the statement was made.

(e) As part of the minimum curriculum requirements relating to

the vehicle and traffic laws of this state, the commission shall

require an education and training program on laws relating to the

operation of motorcycles and to the wearing of protective

headgear by motorcycle operators and passengers. In addition, the

commission shall require education and training on motorcycle

operator profiling awareness and sensitivity training.

(f) Training for officers and recruits in investigation of cases

required by Subsection (b)(1)(B) shall include instruction in

preventing dual arrest whenever possible and conducting a

thorough investigation to determine which person is the

predominant aggressor when allegations of family violence from

two or more opposing persons are received arising from the same

incident.

(g) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on asset forfeiture under Chapter 59, Code

of Criminal Procedure, for officers licensed under this chapter.

An officer shall complete a program established under this

subsection not later than the second anniversary of the date the

officer is licensed under this chapter or the date the officer

applies for an intermediate proficiency certificate, whichever

date is earlier.

(h) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on racial profiling for officers licensed

under this chapter. An officer shall complete a program

established under this subsection not later than the second

anniversary of the date the officer is licensed under this

chapter or the date the officer applies for an intermediate

proficiency certificate, whichever date is earlier.

(i) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on identity theft under Section 32.51, Penal

Code, for officers licensed under this chapter. An officer shall

complete a program established under this subsection not later

than the second anniversary of the date the officer is licensed

under this chapter or the date the officer applies for an

intermediate proficiency certificate, whichever date is earlier.

(j) As part of the minimum curriculum requirements, the

commission shall require an officer to complete a statewide

education and training program on de-escalation and crisis

intervention techniques to facilitate interaction with persons

with mental impairments. An officer shall complete the program

not later than the second anniversary of the date the officer is

licensed under this chapter or the date the officer applies for

an intermediate proficiency certificate, whichever date is

earlier. An officer may not satisfy the requirements of this

section or Section 1701.402(g) by taking an online course on

de-escalation and crisis intervention techniques to facilitate

interaction with persons with mental impairments.

(k) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program for officers licensed under this chapter

that covers the laws of this state and of the United States

pertaining to peace officers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 657, Sec. 4, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 897, Sec. 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 929, Sec. 5, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 947, Sec. 4, eff. Sept. 1, 2001; Acts 2001,

77th Leg., ch. 1034, Sec. 14, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 1276, Sec. 14.007, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 1326, Sec. 8, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

393, Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 12, eff. September 1, 2009.

Sec. 1701.254. RISK ASSESSMENT AND INSPECTIONS. (a) The

commission may visit and inspect a school conducting a training

course for officers, county jailers, or recruits and make

necessary evaluations to determine if the school complies with

this chapter and commission rules.

(b) The commission shall develop a risk assessment method to

determine the relative performance of schools conducting training

courses for officers, county jailers, or recruits. The commission

shall base its schedule for inspection of schools on the results

of the risk assessment.

(1) consider the scores of students enrolled in a school on the

basic peace officer examination;

(2) consider the past inspection records of a school;

(3) consider a self-assessment performed by a school in a

noninspection year; and

(4) include a random element to ensure periodic inspection of

each school.

(d) The commission by rule shall establish a system for placing

a training provider on at-risk probationary status. The rules

must prescribe:

(1) the criteria to be used by the commission in determining

whether to place a training provider on at-risk probationary

status;

(2) a procedure and timeline for imposing corrective conditions

on a training provider placed on at-risk probationary status and

for notifying the provider regarding those conditions; and

(3) a procedure for tracking a training provider's progress

toward compliance with any corrective conditions imposed on the

provider by the commission under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 13, eff. September 1, 2009.

Sec. 1701.255. ENROLLMENT QUALIFICATIONS. (a) The commission

by rule shall establish minimum qualifications for a person to

enroll in a training program under Section 1701.251(a) that

provides instruction in defensive tactics, arrest procedures,

firearms, or use of a motor vehicle for law enforcement purposes.

(b) A person who is disqualified by law to be an officer or

county jailer may not enroll in a training program described by

Subsection (a).

under Section 1701.251(a) unless the person has received:

(1) a high school diploma;

(2) a high school equivalency certificate; or

(3) an honorable discharge from the armed forces of the United

States after at least 24 months of active duty service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1441, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 14, eff. September 1, 2009.

Sec. 1701.256. INSTRUCTION IN WEAPONS PROFICIENCY REQUIRED. A

peace officer training program under Section 1701.251(a) must

provide instruction in weapons proficiency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.257. FIREARMS TRAINING PROGRAM FOR SUPERVISION

OFFICERS. (a) The commission and the Texas Department of

Criminal Justice by rule shall adopt a memorandum of

understanding that establishes each agency's respective

responsibilities in developing a basic training program in the

use of firearms by community supervision and corrections

department officers and parole officers. The program established

under the memorandum of understanding must provide instruction

in:

(1) legal limitations on the use of firearms and on the powers

and authority of the officers;

(2) range firing and procedure;

(3) firearms safety and maintenance; and

(4) other topics determined by each agency to be necessary for

the responsible use of firearms by the officers.

(b) The commission shall administer the training program and

shall issue a certificate of firearms proficiency to each

community supervision and corrections department officer or

parole officer the commission determines has successfully

completed the program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5, see other Sec. 1701.258.

Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE PROBATION

OFFICERS. (a) The commission and the Texas Juvenile Probation

Commission by rule shall adopt a memorandum of understanding that

establishes a training program in the use of firearms by juvenile

probation officers. The memorandum of understanding must

establish a program that provides instruction in:

(1) legal limitations on the use of firearms and on the powers

and authority of juvenile probation officers;

(2) range firing and procedure, and firearms safety and

maintenance; and

(3) other topics determined by the commission and the Texas

Juvenile Probation Commission to be necessary for the responsible

use of firearms by juvenile probation officers.

(b) The commission shall administer the training program and

shall issue a certificate of firearms proficiency to each

juvenile probation officer the commission determines has

successfully completed the program described by Subsection (a).

for the administration of this section.

(d) This section does not affect the sovereign immunity of the

state, an agency of the state, or a political subdivision of the

state.

Added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5, eff. June 19, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5, see other Sec. 1701.258.

Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON TRAFFICKING OF

PERSONS. (a) The commission by rule shall require an officer

first licensed by the commission on or after January 1, 2011, to

complete within a reasonable time after obtaining the license a

one-time basic education and training program on the trafficking

of persons. The program must:

(1) consist of at least four hours of training; and

(2) include a review of the substance of Sections 20A.02 and

43.05, Penal Code.

(b) The commission shall make available to each officer a

voluntary advanced education, instruction, and training program

on the trafficking of persons and compelling prostitution

prohibited under Sections 20A.02 and 43.05, Penal Code.

offering the basic and advanced programs established under this

section. This subsection expires September 1, 2011.

Added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5, eff. September 1, 2009.

SUBCHAPTER G. LICENSE REQUIREMENTS; DISQUALIFICATIONS AND

EXEMPTIONS

Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections

1701.310 and 1701.311, a person may not appoint a person to serve

as an officer, county jailer, or public security officer unless

the person appointed holds an appropriate license issued by the

commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.302. CERTAIN ELECTED LAW ENFORCEMENT OFFICERS; LICENSE

REQUIRED. (a) An officer, including a sheriff, elected under

the Texas Constitution or a statute or appointed to fill a

vacancy in an elective office must obtain a license from the

commission not later than the second anniversary of the date the

officer takes office.

(b) The commission shall establish requirements for issuing the

license and for revocation, suspension, or denial of the license.

the license by the required date or does not remain licensed is

incompetent and is subject to removal from office under Section

665.052, Government Code, or another removal statute.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.303. LICENSE APPLICATION; DUTIES OF APPOINTING ENTITY.

(a) A law enforcement agency or governmental entity that hires

a person for whom a license is sought must file an application

with the commission as provided by commission rule.

(b) A person who appoints an officer or county jailer licensed

by the commission shall notify the commission not later than the

30th day after the date of the appointment. If the person

appoints an individual who previously served as an officer or

county jailer and the appointment occurs after the 180th day

after the last date of service as an officer or county jailer,

the person must have on file for the officer or county jailer in

a form readily accessible to the commission:

(1) new criminal history record information;

(2) a new declaration of psychological and emotional health and

lack of drug dependency or illegal drug use; and

(3) two completed fingerprint cards.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.304. EXAMINATION. (a) The commission shall conduct

an examination for each type of license issued by the commission

at least four times each year at times and places designated by

the commission. The commission shall:

(1) prescribe the content of an examination for each type of

license;

(2) include in each examination a written examination that tests

the applicant's knowledge of the appropriate occupation; and

(3) prescribe standards for acceptable performance on each

examination.

(b) The commission by rule shall establish minimum

qualifications for a person to be examined under this section. A

person who is disqualified by law to be an officer or county

jailer may not take an examination under this section.

conduct examinations required by this chapter in the jurisdiction

served by the agency. The commission may conduct the examinations

in the jurisdiction if:

(1) the commission determines that doing so will not place a

significant hardship on the commission's resources; and

(2) the requesting law enforcement agency reimburses the

commission for additional costs incurred in conducting the

examination in the agency's jurisdiction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.305. EXAMINATION RESULTS. (a) The commission shall

notify each examinee of the examination results not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national testing

service, the commission shall notify each examinee of the

examination results not later than the 14th day after the date

the commission receives the results from the testing service.

(b) If notice of the results of an examination graded or

reviewed by a national testing service will be delayed for longer

than 90 days after the examination date, the commission shall

notify each examinee of the reason for the delay before the 90th

day.

examination, the commission shall provide to the person an

analysis of the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION. (a) The

commission may not issue a license to a person as an officer or

county jailer unless the person is examined by:

(1) a licensed psychologist or by a psychiatrist who declares in

writing that the person is in satisfactory psychological and

emotional health to serve as the type of officer for which a

license is sought; and

(2) a licensed physician who declares in writing that the person

does not show any trace of drug dependency or illegal drug use

after a physical examination, blood test, or other medical test.

(b) An agency hiring a person for whom a license as an officer

or county jailer is sought shall select the examining physician

and the examining psychologist or psychiatrist. The agency shall

prepare a report of each declaration required by Subsection (a)

and shall maintain a copy of the report on file in a format

readily accessible to the commission. A declaration is not public

information.

(1) relate to appropriate standards and measures to be used by a

law enforcement agency in reporting the declarations made under

Subsection (a); and

(2) provide for exceptional circumstances in the administration

of the examination of the applicant's psychological and emotional

health, including permitting the examination to be made by a

qualified licensed physician instead of a psychologist or

psychiatrist.

(d) The commission may order an applicant to submit to an

examination described by Subsection (a) by a psychologist,

psychiatrist, or physician appointed by the commission if the

commission:

(1) has cause to believe that a law enforcement agency failed to

follow commission rules relating to an examination; or

(2) discovers that the applicant has submitted a false

declaration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.307. ISSUANCE OF LICENSE. (a) The commission shall

issue an appropriate license to a person who, as required by this

chapter:

(1) submits an application;

(2) completes the required training;

(3) passes the required examination;

(4) is declared to be in satisfactory psychological and

emotional health and free from drug dependency or illegal drug

use; and

(5) demonstrates weapons proficiency.

(b) The commission may issue a permanent license to a person who

meets the requirements of this chapter and the rules prescribed

by the commission to serve as an officer.

a person to serve as a county jailer.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

878, Sec. 2, eff. June 15, 2007.

Sec. 1701.3075. QUALIFIED APPLICANT AWAITING APPOINTMENT. (a)

A person who meets the requirements set forth in Section

1701.307(a) has the same reporting responsibilities toward the

commission under rules adopted by the commission as a license

holder who has already been appointed as a peace officer.

(b) The commission may determine that a person who meets the

requirements under Section 1701.307(a) is ineligible for

appointment as a peace officer based on events that occur after

the person meets the requirements in Section 1701.307(a) but

before the person is appointed.

Added by Acts 2009, 81st Leg., R.S., Ch.

701, Sec. 1, eff. September 1, 2009.

Sec. 1701.308. WEAPONS PROFICIENCY. The commission shall

require a person applying for a peace officer license to

demonstrate weapons proficiency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.309. AGE REQUIREMENT. The commission by rule shall

set 21 years of age as the minimum age for obtaining a license as

an officer. The rules must provide that a person at least 18

years of age may be issued a license as an officer if the person

has:

(1) completed and received credit for at least 60 hours of study

at an accredited college or university or received an associate

degree from an accredited college or university; or

(2) received an honorable discharge from the United States armed

forces after at least two years of service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING REQUIRED.

(a) Except as provided by Subsection (e), a person may not be

appointed as a county jailer, except on a temporary basis, unless

the person has satisfactorily completed a preparatory training

program, as required by the commission, in the operation of a

county jail at a school operated or licensed by the commission.

(b) A county jailer appointed on a temporary basis who does not

satisfactorily complete the preparatory training program before

the first anniversary of the date that the person is appointed

shall be removed from the position. A temporary appointment may

not be renewed, except that not earlier than the first

anniversary of the date that a person is removed under this

subsection, the sheriff may petition the commission for

reinstatement of the person to a temporary appointment.

September 1, 1979, regardless of whether the person's employment

was terminated before that date because of failure to satisfy

standards adopted under Chapter 511, Government Code, is not

required to meet a requirement of this section as a condition of

continued employment or promotion unless:

(1) in an attempt to meet the standards the person took an

examination and failed or was not allowed to finish the

examination because the person acted dishonestly in regard to the

examination;

(2) the person forged a document purporting to show that the

person meets the standards; or

(3) the person seeks a new appointment as a county jailer on or

after September 1, 1984.

(d) A county jailer serving under permanent appointment before

September 1, 1979, is eligible to attend training courses in the

operation of a county jail, subject to commission rules.

(e) A person trained and certified by the Texas Department of

Criminal Justice to serve as a corrections officer in that

agency's correctional institutions division is not required to

complete the training requirements of this section to be

appointed a part-time county jailer. Examinations under Section

1701.304 and psychological and physical examinations under

Section 1701.306 apply.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.502(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.142, eff. September 1, 2009.

Sec. 1701.311. PROVISIONAL LICENSE FOR WORKFORCE SHORTAGE. (a)

The commission shall adopt rules to allow a law enforcement

agency to petition for issuance of a provisional license for an

officer if the agency proves that it has a workforce shortage.

(b) Except in an emergency, a peace officer holding a

provisional license may not be required to work at the peace

officer's employing agency and attend a commission-approved basic

preparatory school for more than a total of 40 hours a week.

license may contract with the peace officer for reimbursement of

the cost of a basic preparatory training course if the peace

officer voluntarily resigns from the agency before a date

specified in the contract that is not later than the first

anniversary of the date the officer is appointed. The contract

must state the cost of the course.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.312. DISQUALIFICATION: FELONY CONVICTION OR PLACEMENT

ON COMMUNITY SUPERVISION. (a) A person who has been convicted

of a felony is disqualified to be an officer, public security

officer, or county jailer, and the commission may not issue a

license to, and a law enforcement agency may not appoint or

employ, the person.

(b) For purposes of this section and Section 1701.502, a person

is convicted of a felony if a court enters an adjudication of

guilt against the person on a felony offense under the laws of

this or another state or the United States, regardless of

whether:

(1) the sentence is subsequently probated and the person is

discharged from community supervision;

(2) the accusation, complaint, information, or indictment

against the person is dismissed and the person is released from

all penalties and disabilities resulting from the offense; or

(3) the person is pardoned for the offense, unless the pardon is

granted expressly for subsequent proof of innocence.

judgment under Article 42.011, Code of Criminal Procedure, shall

note on the person's licensing records the conviction or

community supervision indicated by the judgment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.313. DISQUALIFICATION: CONVICTION OF BARRATRY. (a) A

person who has been convicted of barratry under Section 38.12,

Penal Code, is disqualified to be an officer or county jailer,

and the commission may not issue a license to the person.

(b) For purposes of this section and Section 1701.503, a person

is convicted of barratry if a court enters an adjudication of

guilt against the person regardless of whether:

(1) the sentence is subsequently probated and the person is

discharged from community supervision;

(2) the accusation, complaint, information, or indictment

against the person is dismissed following community supervision;

(3) the person is pardoned for the offense, unless the pardon is

granted expressly for subsequent proof of innocence.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.314. EXEMPTION: OFFICER APPOINTED BEFORE SEPTEMBER 1,

1970. A peace officer serving under a permanent appointment

before September 1, 1970, is not required to obtain a license as

a condition of tenure, continued employment, or promotion unless

the officer seeks a new appointment. The officer is eligible to

attend peace officer training courses subject to commission

rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.316. REACTIVATION OF PEACE OFFICER LICENSE. (a) The

commission shall adopt rules establishing requirements for

reactivation of a peace officer's license after a break in

employment.

(b) The commission may consider employment as a peace officer in

another state in determining whether the person is required to

obtain additional training or testing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.3161. REACTIVATION OF PEACE OFFICER LICENSE: RETIRED

PEACE OFFICERS. (a) In this section, "retired peace officer"

means a person who served as a peace officer in this state who:

(1) is not currently serving as an elected, appointed, or

employed peace officer under Article 2.12, Code of Criminal

Procedure, or other law;

(2) was eligible to retire from a law enforcement agency in this

state or was ineligible to retire only as a result of an injury

received in the course of the officer's employment with the law

enforcement agency; and

(3) is eligible to receive a pension or annuity for service as a

law enforcement officer in this state or is ineligible to receive

a pension or annuity only because the law enforcement agency that

employed the officer does not offer a pension or annuity to its

employees.

(b) The commission shall adopt rules for the reactivation of a

retired peace officer's license after a break in employment. The

rules must allow a retired peace officer to reactivate the

officer's license by completing the continuing education

requirements prescribed by Section 1701.351 and completing any

other continuing education requirement imposed by law in lieu of

successfully completing any examination required by the

commission for reactivation.

for the reactivation of a peace officer's license for a retired

peace officer who is eligible for reactivation as provided by

Subsection (b).

Added by Acts 2007, 80th Leg., R.S., Ch.

878, Sec. 3, eff. June 15, 2007.

Sec. 1701.317. LIMITATION ON INFORMATION REQUIRED FOR LICENSE

RENEWAL.The requirements and procedures adopted by the commission

for the renewal of a license issued under this chapter:

(1) may not require an applicant to provide unchanged criminal

history information already included in one or more of the

applicant's previous applications for licensure or for license

renewal filed with the commission; and

(2) may require the applicant to provide only information

relevant to the period occurring since the date of the

applicant's last application for licensure or for license

renewal, as applicable, including information relevant to any new

requirement applicable to the license held by the applicant.

Added by Acts 2009, 81st Leg., R.S., Ch.

332, Sec. 2, eff. September 1, 2009.

SUBCHAPTER H. CONTINUING EDUCATION AND YEARLY WEAPONS PROFICIENCY

Sec. 1701.351. CONTINUING EDUCATION REQUIRED FOR PEACE OFFICERS.

(a) Each peace officer shall complete at least 40 hours of

continuing education programs once every 24 months. The

commission may suspend the license of a peace officer who fails

to comply with this requirement.

(a-1) As part of the continuing education programs under

Subsection (a), a peace officer must complete a training and

education program that covers recent changes to the laws of this

state and of the United States pertaining to peace officers.

(b) The commission by rule shall provide for waiver of the

requirements of this section when mitigating circumstances exist.

continuing education requirements of this section if during the

relevant 24-month period the peace officer serves on active duty

as a member of the United States military for at least 12 months

or serves as an elected member of the legislature. Credit for

continuing education under this subsection does not affect any

requirement to demonstrate continuing weapons proficiency under

Section 1701.355.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1157, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1236, Sec. 1, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 15, eff. September 1, 2009.

Sec. 1701.352. CONTINUING EDUCATION PROGRAMS. (a) The

commission shall recognize, prepare, or administer continuing

education programs for officers and county jailers.

(b) The commission shall require a state, county, special

district, or municipal agency that appoints or employs peace

officers to provide each peace officer with a training program at

least once every 48 months that is approved by the commission and

consists of:

(1) topics selected by the agency; and

(2) for an officer holding only a basic proficiency certificate,

not more than 20 hours of education and training that contain

curricula incorporating the learning objectives developed by the

commission regarding:

(A) civil rights, racial sensitivity, and cultural diversity;

(B) de-escalation and crisis intervention techniques to

facilitate interaction with persons with mental impairments; and

the officer's assigned duties:

(i) the recognition and documentation of cases that involve

child abuse or neglect, family violence, and sexual assault; and

(ii) issues concerning sex offender characteristics.

materials developed by the agency or its trainers or by entities

having training agreements with the commission in addition to

materials included in curricula developed by the commission.

(d) A peace officer appointed to the officer's first supervisory

position must receive in-service training on supervision as part

of the course provided for the officer under Subsection (b)

during the 24-month period after the date of that appointment.

(e) The commission may require a state, county, special

district, or municipal agency that appoints or employs a reserve

law enforcement officer, county jailer, or public security

officer to provide each of those persons with education and

training in civil rights, racial sensitivity, and cultural

diversity at least once every 48 months.

(f) Training in documentation of cases required by Subsection

(b) shall include instruction in:

(1) making a written account of the extent of injuries sustained

by the victim of an alleged offense;

(2) recording by photograph or videotape the area in which an

alleged offense occurred and the victim's injuries; and

(3) recognizing and recording a victim's statement that may be

admissible as evidence in a proceeding concerning the matter

about which the statement was made.

(g) The training and education program on de-escalation and

crisis intervention techniques to facilitate interaction with

persons with mental impairments under Subsection (b)(2)(B) may

not be provided as an online course. The commission shall:

(1) determine best practices for interacting with persons with

mental impairments, in consultation with the Bill Blackwood Law

Enforcement Management Institute of Texas; and

(2) review the education and training program under Subsection

(b)(2)(B) at least once every 24 months.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1157, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 16, eff. September 1, 2009.

Sec. 1701.353. CONTINUING EDUCATION PROCEDURES. (a) The

commission by rule shall adopt procedures to:

(1) ensure the timely and accurate reporting by agencies and

peace officers of information related to training programs

offered under this subchapter, including procedures for creating

training records for individual peace officers; and

(2) provide adequate notice to agencies and peace officers of

impending noncompliance with the training requirements of this

subchapter so that the agencies and peace officers may comply

within the 24-month period.

(b) The commission shall require agencies to report to the

commission in a timely manner the reasons that a peace officer is

in noncompliance after the agency receives notice by the

commission of the peace officer's noncompliance. The commission

shall, following receipt of an agency's report or on a

determination that the agency has failed to report in a timely

manner, notify the peace officer by certified mail of the reasons

the peace officer is in noncompliance and that the commission at

the request of the peace officer will hold a hearing as provided

by this subsection if the peace officer fails to obtain the

required training within 60 days after the date the peace officer

receives notice under this subsection. The commission shall

conduct a hearing consistent with Section 1701.504 if the peace

officer claims that:

(1) mitigating circumstances exist; or

(2) the peace officer failed to complete the required training

because the peace officer's employing agency did not provide an

adequate opportunity for the peace officer to attend the required

training course.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1236, Sec. 2, eff. June 18, 2005.

Sec. 1701.354. CONTINUING EDUCATION FOR DEPUTY CONSTABLES. (a)

If the commission requires a state, county, special district, or

municipal agency that employs a deputy constable to provide the

deputy constable with a training program under Section 1701.352,

the commission shall require the deputy constable to attend at

least 20 hours of instruction in civil process.

(b) The commission shall adopt rules and procedures concerning a

civil process course, including rules providing for:

(1) approval of course content and standards; and

(2) issuance of course credit.

deputy constable under this section:

(1) if a constable requests a waiver for the deputy constable

based on a representation that the deputy constable's duty

assignment does not involve civil process responsibilities; or

(2) if the deputy constable requests a waiver because of

hardship and the commission determines that a hardship exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

735, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

954, Sec. 3, eff. June 18, 2005.

Reenacted by Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 12.001, eff. September 1, 2007.

Sec. 1701.3545. INITIAL TRAINING AND CONTINUING EDUCATION FOR

CONSTABLES. (a) A public institution of higher education

selected by the commission shall establish and offer a program of

initial training and a program of continuing education for

constables. The curriculum for each program must relate to law

enforcement management and civil process issues. The institution

selected under this subsection shall develop the curriculum for

the programs. The curriculum must be approved by the commission.

(b) Each constable must complete at least 40 hours of continuing

education provided by the selected institution under this section

each 48-month period. The commission by rule shall establish a

uniform 48-month continuing education training period.

first position as constable must complete at least 40 hours of

initial training for new constables in accordance with

Subsections (d) and (e).

(d) A newly appointed or elected constable shall complete the

initial training program for new constables not later than the

second anniversary of that individual's appointment or election

as constable. The initial training program for new constables is

in addition to the initial training required by this chapter.

The commission by rule shall establish that the first continuing

education training period for an individual under Subsection (b)

begins on the first day of the first uniform continuing education

training period that follows the date the individual completed

the initial training program.

(e) The institution selected under Subsection (a) by rule may

provide for the waiver of:

(1) all or part of the required 40 hours of initial training for

new constables to the extent the new constable has satisfactorily

completed equivalent training during the 24 months preceding the

individual's appointment or election; or

(2) the continuing education requirements of Subsection (b) for

an individual who has satisfactorily completed equivalent

continuing education during the preceding 24 months.

(f) An individual who is subject to the continuing education

requirements of Subsection (b) is exempt from other continuing

education requirements under this subchapter.

(g) The commission shall establish procedures to annually

determine the status of the peace officer license of each elected

constable and to ensure that constables comply with this section.

The commission shall forward to the attorney general's office

documentation for each constable who does not comply with this

section. A constable who does not comply with this section

forfeits the office and the attorney general shall institute a

quo warranto proceeding under Chapter 66, Civil Practice and

Remedies Code, to remove the constable from office.

(h) To the extent of a conflict between this section and any

other law, this section controls.

Added by Acts 2005, 79th Leg., Ch.

954, Sec. 2, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

622, Sec. 1, eff. June 15, 2007.

Sec. 1701.355. CONTINUING DEMONSTRATION OF WEAPONS PROFICIENCY.

(a) An agency that employs one or more peace officers shall

designate a firearms proficiency officer and require each peace

officer the agency employs to demonstrate weapons proficiency to

the firearms proficiency officer at least annually. The agency

shall maintain records of the weapons proficiency of the agency's

peace officers.

(b) On request, the commission may waive the requirement that a

peace officer demonstrate weapons proficiency on a determination

by the commission that the requirement causes a hardship.

purposes of this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

222, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 18, eff. September 1, 2009.

Sec. 1701.356. CERTAIN OFFICERS: REACTIVATION AND CONTINUING

EDUCATION NOT REQUIRED. (a) An honorably retired commissioned

officer of the Department of Public Safety who is a special

ranger under Section 411.023, Government Code, may not be

required to undergo training under Section 1701.352(b).

(b) An honorably retired commissioned officer of the Department

of Public Safety who is a special ranger under Section 411.023,

Government Code, or a retired state employee and who holds a

permanent license issued before January 1981 and that was current

on January 1, 1995:

(1) has the same rights and privileges as any other peace

officer of this state;

(2) holds, notwithstanding Section 1701.316, an active license

unless the license is revoked, suspended, or probated by the

commission for a violation of this chapter; and

(3) is not subject to Section 1701.351.

of Public Safety who is a special ranger under Section 411.023,

Government Code, or who is a special Texas Ranger under Section

411.024, Government Code, may not be required to undergo training

under Section 1701.253(j).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14.009, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

920, Sec. 2, eff. June 19, 2009.

Sec. 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE

OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS. (a) This section

applies only to:

(1) a peace officer;

(2) a federal criminal investigator designated as a special

investigator under Article 2.122, Code of Criminal Procedure; and

(3) a qualified retired law enforcement officer who is entitled

to carry a concealed firearm under 18 U.S.C. Section 926C and is

not otherwise described by Subdivision (1) or (2).

(b) The head of a state or local law enforcement agency may

allow an honorably retired peace officer an opportunity to

demonstrate weapons proficiency if the retired officer provides

to the agency a sworn affidavit stating that:

(1) the officer honorably retired after not less than a total of

15 years of service as a commissioned officer with one or more

state or local law enforcement agencies;

(2) the officer's license as a commissioned officer was not

revoked or suspended for any period during the officer's term of

service as a commissioned officer; and

(3) the officer has no psychological or physical disability that

would interfere with the officer's proper handling of a handgun.

issuance or denial of a certificate of proficiency under this

section. The agency shall issue the certificate to a retired

officer who satisfactorily demonstrates weapons proficiency under

Subsection (b), provides proof that the officer is entitled to

receive a pension or annuity for service with a state or local

law enforcement agency or is not entitled to receive a pension or

annuity only because the law enforcement agency that employed the

retired officer does not offer a pension or annuity to its

retired employees, and satisfies the written procedures

established by the agency. The agency shall maintain records of

any retired officer who holds a certificate issued under this

section. For purposes of this subsection, proof that a retired

officer is entitled to receive a pension or annuity or is not

entitled to receive a pension or annuity only because the agency

that last employed the retired officer does not offer a pension

or annuity may include a retired peace officer identification

card issued under Subchapter H, Chapter 614, Government Code.

(d) A certificate issued under this section expires on the

second anniversary of the date the certificate was issued. A

retired officer to whom this section applies may request an

annual evaluation of weapons proficiency and issuance of a

certificate of proficiency as needed to comply with applicable

federal or other laws.

(e) The head of a state or local law enforcement agency may set

and collect fees to recover the expenses the agency incurs in

performing duties under this section.

(f) The amount of a fee set by a county law enforcement agency

under Subsection (e) is subject to the approval of the

commissioners court of the county. A county law enforcement

agency that collects a fee under Subsection (e) shall deposit the

amounts collected to the credit of the general fund of the

county.

(g) A county law enforcement agency must obtain approval of the

program authorized by this section from the commissioners court

of the county before issuing a certificate of proficiency under

this section.

(h) The head of a state law enforcement agency may allow an

honorably retired federal criminal investigator or a qualified

retired law enforcement officer to whom this section applies an

opportunity to demonstrate weapons proficiency in the same manner

as, and subject to the same requirements applicable to, an

honorably retired peace officer as described by this section.

The agency shall issue a certificate of proficiency to an

honorably retired federal criminal investigator or a qualified

retired law enforcement officer who otherwise meets the

requirements of this section and shall maintain records regarding

the issuance of that certificate.

(i) On request of an honorably retired officer who holds a

certificate of proficiency under this section, the head of the

state or local law enforcement agency from which the officer

retired shall issue to the retired officer identification that

indicates that the officer honorably retired from the agency. An

identification under this subsection must include a photograph of

the retired officer.

Added by Acts 2003, 78th Leg., ch. 325, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1093, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1179, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1187, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1187, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

428, Sec. 1, eff. June 19, 2009.

SUBCHAPTER I. PROFESSIONAL TRAINING AND RECOGNITION

Sec. 1701.401. PROFESSIONAL ACHIEVEMENT. (a) In this section:

(1) "Professional achievement" includes an instance in which an

individual through personal initiative, fixity of purpose,

persistence, or endeavor creates a program or system that has a

significant positive impact on the law enforcement profession

that exceeds the normal expectations of job performance.

(2) "Public service" includes an instance in which an individual

through initiative creates or participates in a program or system

that has a significant positive impact on the general population

of a community that exceeds the normal expectations of job

performance.

(3) "Valor" includes an act of personal heroism or bravery that

exceeds the normal expectations of job performance, including

placing one's own life in jeopardy to save another person's life,

to prevent serious bodily injury to another, or to prevent the

consequences of a criminal act.

(b) The commission shall issue certificates that recognize

professional achievement. For this purpose the commission shall

use the employment records of the employing agency.

awards to peace officers, reserve peace officers, jailers, or

custodial officers who are licensed by the commission. The

commission's rules shall require recommendations from an elected

official of this state or a political subdivision, an

administrator of a law enforcement agency, or a person holding a

license issued by the commission.

(d) The awards shall be given in the name of this state and

presented at the State Capitol during May of each year. At a

minimum the award shall consist of a document, an appropriate

medal, and a ribbon suitable for wearing on a uniform.

(e) The awards shall be issued in three areas: valor, public

service, and professional achievement.

(f) The commission may present awards relating to not more than

a total of 20 incidents and accomplishments each year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

174, Sec. 1, eff. May 27, 2009.

Sec. 1701.402. PROFICIENCY CERTIFICATES. (a) The commission

shall issue certificates that recognize proficiency based on law

enforcement training, education, and experience. For this purpose

the commission shall use the employment records of the employing

agency.

(b) As a requirement for a basic proficiency certificate, the

commission shall require completion of local courses or programs

of instruction on federal and state statutes that relate to

employment issues affecting peace officers and county jailers,

including:

(1) civil service;

(2) compensation, including overtime compensation, and vacation

time;

(3) personnel files and other employee records;

(4) management-employee relations in law enforcement

organizations;

(5) work-related injuries;

(6) complaints and investigations of employee misconduct; and

(7) disciplinary actions and the appeal of disciplinary actions.

training required by this section.

(d) As a requirement for an intermediate proficiency

certificate, an officer must complete an education and training

program on asset forfeiture established by the commission under

Section 1701.253(g).

(e) As a requirement for an intermediate proficiency

certificate, an officer must complete an education and training

program on racial profiling established by the commission under

Section 1701.253(h).

(f) As a requirement for an intermediate proficiency

certificate, an officer must complete an education and training

program on identity theft established by the commission under

Section 1701.253(i).

(g) As a requirement for an intermediate proficiency certificate

or an advanced proficiency certificate, an officer must complete

the education and training program described by Section 1701.253

regarding de-escalation and crisis intervention techniques to

facilitate interaction with persons with mental impairments.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 6

(h) As a requirement for an intermediate or advanced proficiency

certificate issued by the commission on or after January 1, 2011,

an officer must complete the basic education and training program

on the trafficking of persons described by Section 1701.258(a).

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 17

(h) As a requirement for an intermediate proficiency

certificate, an officer must complete an education and training

program on investigative topics established by the commission

under Section 1701.253(b).

(i) As a requirement for an intermediate proficiency

certificate, an officer must complete an education and training

program on civil rights, racial sensitivity, and cultural

diversity established by the commission under Section

1701.253(c).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 929, Sec. 6, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 947, Sec. 5, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1276, Sec. 14.008, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1326, Sec. 9, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

393, Sec. 4, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 6, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 17, eff. September 1, 2009.

Sec. 1701.403. INVESTIGATIVE HYPNOSIS. (a) The commission may

establish minimum requirements for the training, testing, and

certification of peace officers who use investigative hypnosis.

(b) A peace officer may not use a hypnotic interview technique

unless the officer:

(1) completes a training course approved by the commission; and

(2) passes an examination administered by the commission that is

designed to test the officer's knowledge of investigative

hypnosis.

proficiency certificate to an officer who meets the requirements

of Subsection (b).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.404. CERTIFICATION OF OFFICERS FOR MENTAL HEALTH

ASSIGNMENTS. (a) The commission by rule may establish minimum

requirements for the training, testing, and certification of

special officers for offenders with mental impairments.

(b) The commission may certify a sheriff, sheriff's deputy,

constable, other peace officer, county jailer, or justice of the

peace as a special officer for offenders with mental impairments

if the person:

(1) completes a training course in emergency first aid and

lifesaving techniques approved by the commission;

(2) completes a training course administered by the commission

on mental health issues and offenders with mental impairments;

and

(3) passes an examination administered by the commission that is

designed to test the person's:

(A) knowledge and recognition of the characteristics and

symptoms of mental illness, mental retardation, and mental

disabilities; and

(B) knowledge of mental health crisis intervention strategies

for people with mental impairments.

proficiency certificate to an officer, county jailer, or justice

of the peace who meets the requirements of Subsection (b).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1131, Sec. 1, eff. September 1, 2009.

Sec. 1701.405. TELECOMMUNICATORS. (a) In this section:

(1) "Communication" means any type of system in which electric

or electromagnetic signals are used to transmit information,

including a system transmitting information by means of:

(A) radio, light, or waves in other portions of the

electromagnetic spectrum;

(B) wire or cable; or

(2) "Emergency" means the occurrence or imminent threat of

damage, injury, or loss of life or property resulting from an

extraordinary natural or man-made cause.

(3) "Telecommunicator" means a person acknowledged by the

commission and employed by or serving a law enforcement agency

who receives, processes, and transmits public safety information

and criminal justice data for the agency using a base radio

station on a public safety frequency regulated by the Federal

Communications Commission or by teletype or other communications

system.

(b) This state or a political subdivision of this state may not

appoint or employ a person to act as a telecommunicator unless

the person has had at least 40 hours of telecommunicator training

as determined by the commission.

programs that fulfill the minimum requirements for a

telecommunicator. The commission shall adopt rules providing for

the accreditation of telecommunicator training programs developed

and taught by the Department of Public Safety, an institution of

higher education, including a junior college, community college,

or technical school, or any other entity approved by the

commission.

(d) A person who completes an accredited training program under

this section may, by letter to the commission, request a written

acknowledgment from the commission that the person has met the

minimum requirements for a telecommunicator as determined by the

commission. The request must be accompanied, in accordance with

commission rules, by evidence of satisfactory completion of an

accredited telecommunicator training program. On a determination

by the commission that the person meets the minimum requirements

for a telecommunicator, the commission shall issue the written

acknowledgment to the person.

(e) This section does not apply to a person who:

(1) performs the duties of a telecommunicator; and

(2) is employed by a law enforcement agency that:

(A) employs 20 or fewer employees; or

(B) does not perform law enforcement services on a 24-hour

basis.

(f) A person performing the duties of a telecommunicator and

serving under permanent appointment on and before September 1,

1987, is not required to meet the requirements of this section as

a condition of continued employment.

(g) Notwithstanding this section, a person may be appointed or

serve as a telecommunicator on a temporary or probationary basis

or may perform the duties of a telecommunicator in an emergency.

(h) A person appointed on a temporary or probationary basis

after September 1, 1987, who does not satisfactorily complete an

accredited telecommunicator training program before the first

anniversary of the date the person is originally appointed shall

be removed from the position. The person's temporary or

probationary appointment may not be extended for more than one

year except that not earlier than the first anniversary of the

date the person is removed under this subsection, the employing

agency may petition the commission for reinstatement of the

person to temporary or probationary employment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER J. EMPLOYMENT RECORDS

Sec. 1701.451. PREEMPLOYMENT REQUEST FOR EMPLOYMENT TERMINATION

REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION FORM. (a)

Before a law enforcement agency may hire a person licensed under

this chapter, the agency head or the agency head's designee must:

(1) make a request to the commission for any employment

termination report regarding the person that is maintained by the

commission under this subchapter; and

(2) submit to the commission on the form prescribed by the

commission confirmation that the agency:

(A) conducted in the manner prescribed by the commission a

criminal background check regarding the person;

(B) obtained the person's written consent on a form prescribed

by the commission for the agency to view the person's employment

records;

records regarding the person maintained by the commission; and

(D) contacted each of the person's previous law enforcement

employers.

(a-1) A law enforcement agency that obtains a consent form

described by Subsection (a)(2)(B) shall make the person's

employment records available to a hiring law enforcement agency

on request.

(b) The commission by rule shall establish a system for

verifying an electronically submitted request required by

Subsection (a)(1).

request that complies with Subsections (a)(1) and (b), the

commission employee having the responsibility to maintain any

employment termination report regarding the person who is the

subject of the request shall release the report to the agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1298, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1068, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 19, eff. September 1, 2009.

Sec. 1701.452. EMPLOYMENT TERMINATION REPORT. (a) The head of

a law enforcement agency or the head's designee shall submit a

report to the commission on a form prescribed by the commission

regarding a person licensed under this chapter who resigns or

retires from employment with the law enforcement agency, whose

appointment with the law enforcement agency is terminated, or who

separates from the law enforcement agency for any other reason.

The report must be submitted by the head or the designee not

later than the seventh business day after the date the license

holder:

(1) resigns, retires, or separates from the agency; or

(2) exhausts all administrative appeals available to the license

holder if the license holder was terminated based on an

allegation of misconduct.

(b) The head of a law enforcement agency or the head's designee

shall include in the report required under Subsection (a) a

statement on whether the license holder was honorably discharged,

generally discharged, or dishonorably discharged and, as required

by the commission, an explanation of the circumstances under

which the person resigned, retired, or was terminated. For

purposes of this subsection:

(1) "Honorably discharged" means a license holder who, while in

good standing and not because of pending or final disciplinary

actions or a documented performance problem, retired, resigned,

or separated from employment with or died while employed by a law

enforcement agency.

(2) "Generally discharged" means a license holder who:

(A) was terminated by, retired or resigned from, or died while

in the employ of a law enforcement agency and the separation was

related to a disciplinary investigation of conduct that is not

included in the definition of dishonorably discharged; or

(B) was terminated by or retired or resigned from a law

enforcement agency and the separation was for a documented

performance problem and was not because of a reduction in

workforce or an at-will employment decision.

(3) "Dishonorably discharged" means a license holder who:

(A) was terminated by a law enforcement agency or retired or

resigned in lieu of termination by the agency in relation to

allegations of criminal misconduct; or

(B) was terminated by a law enforcement agency or retired or

resigned in lieu of termination by the agency for insubordination

or untruthfulness.

that constitute honorably discharged, dishonorably discharged,

and generally discharged within the definitions provided by

Subsection (b).

(d) The head of the law enforcement agency from which a license

holder resigns, retires, is terminated, or separates for reasons

other than death, or the head's designee, shall provide to the

license holder a copy of the report. The report must be provided

to the license holder not later than the seventh business day

after the date the license holder:

(1) resigns, retires, or separates from the agency; or

(2) exhausts all administrative appeals available to the license

holder if the license holder was terminated based on an

allegation of misconduct.

(e) If the person who is the subject of the employment

termination report is deceased, the head of the law enforcement

agency or the head's designee on request shall provide a copy of

the report to the person's next of kin not later than the seventh

business day after the date of the request.

(f) The head of a law enforcement agency or the head's designee

satisfies the obligation to provide the report required under

Subsection (d) or (e) by sending by certified mail:

(1) the report required under Subsection (d) to the last known

address of the license holder if the license holder is not

otherwise available; or

(2) the report required under Subsection (e) to the last known

address of the next of kin if the next of kin who requested the

report is not otherwise available.

(g) The head of a law enforcement agency or the head's designee

must submit a report under this section each time a person

licensed under this chapter resigns, retires, is terminated, or

separates for any other reason from the agency. The report is an

official government document.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1298, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1068, Sec. 2, eff. September 1, 2007.

Sec. 1701.4521. LICENSE SUSPENSION FOR OFFICER DISHONORABLY

DISCHARGED. (a) The commission shall suspend the license of an

officer licensed under this chapter on notification that the

officer has been dishonorably discharged if the officer has

previously been dishonorably discharged from another law

enforcement agency.

(b) An officer whose license is suspended under this section may

appeal the suspension in writing to the commission not later than

the 30th day after the date the officer is suspended.

or reinstate the officer's license in accordance with rules or

procedures adopted by the commission under this chapter related

to revocation or reinstatement of a license. The commission

shall revoke the officer's license if the officer does not appeal

the suspension before the 30th day after the date the officer is

suspended.

(d) The commission's decision does not affect:

(1) the employment relationship between an officer licensed

under this chapter and a law enforcement agency; or

(2) any disciplinary action taken against an officer licensed

under this chapter by a law enforcement agency.

Added by Acts 2007, 80th Leg., R.S., Ch.

1068, Sec. 3, eff. September 1, 2007.

Sec. 1701.4525. REQUEST FOR CORRECTION OF REPORT; ADMINISTRATIVE

PENALTY; HEARING; APPEAL. (a) A person who is the subject of an

employment termination report maintained by the commission under

this subchapter may contest information contained in the report

by submitting to the law enforcement agency and to the commission

a written request for a correction of the report and any evidence

contesting the information contained in the report not later than

the 30th day after the date the person receives a copy of the

report. The commission shall allow the head of the law

enforcement agency to submit to the commission any evidence

rebutting the evidence submitted by the person who is the subject

of the report.

(b) The commission may order the head of a law enforcement

agency to correct a person's report in a timely manner based on

information submitted to the law enforcement agency and to the

commission by the person under Subsection (a). An agency head

ordered to correct a person's report shall correct the person's

report or request a hearing conducted by the State Office of

Administrative Hearings. The commission may assess an

administrative penalty against an agency head who fails to make a

correction or request a hearing under this subsection in a timely

manner.

enforcement agency to correct the person's report, the person is

entitled to a hearing conducted by the State Office of

Administrative Hearings.

(d) A proceeding under Subsection (b) to contest the

commission's order or under Subsection (c) to correct an

employment termination report is a contested case under Chapter

2001, Government Code.

(e) In a proceeding under Subsection (b) to contest the

commission's order or under Subsection (c) to correct an

employment termination report for an order or report based on

alleged misconduct, an administrative law judge shall determine

if the alleged misconduct occurred by a preponderance of the

evidence regardless of whether the person who is the subject of

the report was terminated or the person resigned, retired, or

separated in lieu of termination. If the alleged misconduct is

not supported by a preponderance of the evidence, the

administrative law judge shall order the report to be changed.

(f) The commission shall adopt rules for the administration of

this section.

(g) The commission is not considered a party in a proceeding

conducted by the State Office of Administrative Hearings under

this section.

Added by Acts 2005, 79th Leg., Ch.

1298, Sec. 3, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1068, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 20, eff. September 1, 2009.

Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. The

commission shall maintain a copy of each report and statement

submitted to the commission under this subchapter until at least

the 10th anniversary of the date on which the report or statement

is submitted.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 21, eff. September 1, 2009.

Sec. 1701.454. CONFIDENTIALITY. (a) A report or statement

submitted to the commission under this subchapter is confidential

and is not subject to disclosure under Chapter 552, Government

Code, unless the person resigned or was terminated due to

substantiated incidents of excessive force or violations of the

law other than traffic offenses.

(b) Except as provided by this subchapter, a commission member

or other person may not release the contents of a report or

statement submitted under this subchapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 182, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1298, Sec. 4, eff. September 1, 2005.

Sec. 1701.455. SUBPOENA. A report or statement submitted to the

commission under this subchapter is subject to subpoena only in a

judicial proceeding.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.456. IMMUNITY FROM LIABILITY. (a) The commission is

not liable for civil damages for providing information contained

in a report or statement maintained by the commission under this

subchapter if the commission released the information as provided

by this subchapter.

(b) A law enforcement agency, agency head, or other law

enforcement official is not liable for civil damages for a report

made by that agency or person if the report is made in good

faith.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1298, Sec. 5, eff. September 1, 2005.

Sec. 1701.457. LIMITATION ON COMMISSION AUTHORITY. This

subchapter does not authorize the commission to review

disciplinary action taken by a law enforcement agency against a

person licensed under this chapter or to issue a subpoena to

compel the production of a document prepared or maintained by the

agency in connection with a disciplinary matter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.458. VENUE. Venue for the prosecution of an offense

under Section 37.10, Penal Code, that arises from a report

required under this subchapter lies in the county where the

offense occurred or in Travis County.

Added by Acts 2007, 80th Leg., R.S., Ch.

1068, Sec. 5, eff. September 1, 2007.

SUBCHAPTER K. DISCIPLINARY PROCEDURES

Sec. 1701.501. DISCIPLINARY ACTION. (a) Except as provided by

Subsection (d), the commission shall revoke or suspend a license,

place on probation a person whose license has been suspended, or

reprimand a license holder for a violation of:

(1) this chapter;

(2) the reporting requirements provided by Articles 2.132 and

2.134, Code of Criminal Procedure; or

(3) a commission rule.

(b) The commission may establish procedures for the revocation

of a license issued under this chapter.

procedures.

(d) The commission may revoke a license issued under this

chapter to an officer elected under the Texas Constitution only

if the officer is convicted of:

(1) a felony; or

(2) a criminal offense directly involving the person's duties as

an officer.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

279, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 22, eff. September 1, 2009.

Sec. 1701.502. FELONY CONVICTION OR PLACEMENT ON COMMUNITY

SUPERVISION. (a) The commission shall immediately revoke the

license of a person licensed under this chapter who is convicted

of a felony.

(b) The commission shall immediately suspend the license of a

person licensed under this chapter who is charged with a felony

and is placed on community supervision regardless of whether the

court defers further proceedings without entering an adjudication

of guilt.

rules, a license that is suspended under Subsection (b) when the

license holder is released from community supervision.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.503. BARRATRY CONVICTION. The commission shall

immediately revoke the license of a person licensed under this

chapter who is convicted of barratry under Section 38.12, Penal

Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.504. HEARING. (a) Except as provided by Sections

1701.502 and 1701.503, if the commission proposes to suspend or

revoke a person's license, the person is entitled to a hearing

conducted by the State Office of Administrative Hearings.

(b) If the commission proposes to refuse to renew a person's

license, the person is entitled to a hearing conducted by the

State Office of Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.505. ADMINISTRATIVE PROCEDURE. (a) Proceedings for a

disciplinary action are governed by Chapter 2001, Government

Code.

(b) Rules of practice adopted by the commission under Section

2001.004, Government Code, applicable to the proceedings for a

disciplinary action may not conflict with rules adopted by the

State Office of Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.506. APPEAL. (a) A person dissatisfied with an

action of the commission may appeal the action under Chapter

2001, Government Code. The court shall set the matter for hearing

not earlier than 10 days after written notice of the appeal is

given to the commission and the commission's attorney.

(b) The court may suspend an action of the commission pending a

hearing. The order suspending the action takes effect when served

on the commission. The commission shall provide its attorney a

copy of the petition and order.

shall represent the commission in the appeal.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.507. ADMINISTRATIVE PENALTIES. (a) In addition to

other penalties imposed by law, a law enforcement agency or

governmental entity that violates this chapter or a rule adopted

under this chapter is subject to an administrative penalty in an

amount set by the commission not to exceed $1,000 per day per

violation. The administrative penalty shall be assessed in a

proceeding conducted in accordance with Chapter 2001, Government

Code.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation;

(2) the respondent's history of violations;

(3) the amount necessary to deter future violations;

(4) efforts made by the respondent to correct the violation; and

(5) any other matter that justice may require.

plan that provides notice of the specific ranges of penalties

that apply to specific alleged violations and the criteria by

which the commission determines the amount of a proposed

administrative penalty.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 23, eff. September 1, 2009.

SUBCHAPTER L. CRIMINAL PENALTY

Sec. 1701.551. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF

CERTAIN PERSONS. (a) A person commits an offense if the person

appoints or retains another person as an officer or county jailer

in violation of Section 1701.301, 1701.303, or 1701.306.

(b) An offense under Subsection (a) is a misdemeanor punishable

by a fine of not less than $100 and not more than $1,000.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.552. CRIMINAL PENALTY FOR APPOINTMENT OF PERSON NOT

CERTIFIED FOR INVESTIGATIVE HYPNOSIS. (a) A person commits an

offense if the person appoints or retains another person in

violation of Section 1701.403.

(b) An offense under Subsection (a) is a misdemeanor punishable

by a fine of not less than $100 and not more than $1,000.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.553. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF

PERSONS WITH CERTAIN CONVICTIONS. (a) A person commits an

offense if the person appoints or retains an individual as an

officer, public security officer, or county jailer in violation

of Section 1701.312 or 1701.313.

(b) An offense under Subsection (a) is a state jail felony.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.554. VENUE. Venue for the prosecution of an offense

that arises from a violation of this chapter or in connection

with the administration of this chapter lies in the county where

the offense occurred or in Travis County.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 24, eff. September 1, 2009.

SUBCHAPTER M. VISITING RESOURCE OFFICER IN PUBLIC SCHOOL

Sec. 1701.601. DEFINITION. In this subchapter, "school resource

officer" means a peace officer who is assigned by the officer's

employing political subdivision to provide:

(1) a police presence at a public school;

(2) safety or drug education to students of a public school; or

(3) other similar services.

Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1,

2001.

Sec. 1701.602. LICENSE REQUIRED. A peace officer who is a

visiting school resource officer in a public school must be

licensed as provided by this chapter.

Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1,

2001.

Sec. 1701.603. FIREARMS ACCIDENT PREVENTION PROGRAM. (a) A

peace officer who is a visiting school resource officer in a

public elementary school shall at least once each school year

offer to provide instruction to students in a firearms accident

prevention program, as determined by the school district.

(b) A firearms accident prevention program must include the

safety message, "Stop! Don't Touch. Leave the Area. Tell an

Adult.", and may include instructional materials from the

National Rifle Association Eddie Eagle GunSafe Program, including

animated videos and activity books.

Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1,

2001.

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2009 Texas Code OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY CHAPTER 1701. LAW ENFORCEMENT OFFICERS

2009 Texas Code
OCCUPATIONS CODE
TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY
CHAPTER 1701. LAW ENFORCEMENT OFFICERS