BPOC 736, TCOLE Rules Flashcards
Texas Police Academy Flashcards
What is the mission of TCOLE?
to establish and enforce standards to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel
When was TCOLE established?
8/30/1965
What Legislature and Senate Bill created TCOLE?
59th legislature
When does the most recent continuation extended to TCOLE expire?
09/01/2031
What Legislature and Senate Bill extended the mission of TCOLE?
88th Legislature, SB-1445
What code grants TCOLE the right to create rules for the administration of law enforcement in Texas?
Chapter 1701 of the Texas Occupations Code
To what year did the 88th Legislature extend TCOLE’s Authorization? By what Senate bill?
2021, SB 1445
Occupations Code 1701.051 established the makeup of the Commission at how many members?
(1) 9 voting members (Commissioners), (2) 3 Sheriffs, Constables, or Chiefs of Police, (3) 3 licensed officers, 2 non-supervisory, all 5 or more years’ experience, (4) 3 private citizens with no law enforcement connections
How are TCOLE Commissioners chosen?
Appointed by the Governor of Texas
Could anyone remove a Commissioner?
No. They serve at the pleasure of the Governor.
Who chose the presiding officer and secretary of the Commission?
The 9 voting members
How did rules come to be established for peace officers?
The Commission was appointed to create rules for the Administration of 1701, Occupations Code, and related statutes.
What were the powers and rulemaking authority of the Commission?
(1) Adopt rules for the administration of the Commission, (2) Establish minimum standards for competence and reliability, (3) Report to the Governor and legislature on Commission activities, (4) Make recommendations on matters under Commission jurisdiction, (5) Require agencies to submit reports and information, (6) Conduct research to improve law enforcement and police administration
What is the term of a TCOLE Commissioner?
(1) 6 years, (2) Each category rotates 1 Commissioner off every 2 years
How did the Commission begin?
(1) Volunteers began a program to improve police efficiency, (2) Funding was from private foundations and grants
When did the Commission begin?
1965
When was the Commission adopted by the Legislature?
(1) In 1967 the 60th Legislature included the Commission in the Appropriations Act, (2) The Act funded an Executive Director and three staff members
When did the Legislature require all peace officers to be certified?
By the 61st Legislature in 1970
When did the Commission become responsible for creating and conducting all peace officer certification exams?
In 1983 the 68th Legislature, in SB 155 – established that the Commission would be responsible to create and conduct peace officer certification exams.
What was the “Sunset Commission”?
In 2008-2009, the 81st Legislature, through HB-3389, authorized the Commission through 2021
When was the Sunset Commission extended?
In 2021, the 88th Legislature, through SB 1445, authorized the Commission through 9/1/2031.
What is covered in Occupations Code 1701.153, “Reports from Agencies and Schools”?
(1) Standards and procedures for the appointment and termination of officers and jailers, (2) The Chief Administrative Officer of a law enforcement agency is responsible for compliance with the reporting standards and procedures
What is covered in Occupations Code 1701.301, “Licensing Required”?
A person may not be appointed to serve as an officer, jailer, or public security officer unless the person holds an appropriate license issued by the Commission. Criminal penalties for violation of 1701.301 are set forth in 1701.551.
What is covered in Occupations Code 1701.303, “License Application; Duties”?
(a) (1) and (2) requires a law enforcement agency or governmental entity to file an application for a person to be issued a license from the Commission. An individual cannot apply for such license.
What is covered in Occupations Code 1701.306, “Psychological and Physical Examination”?
The Commission may not issue a license until an individual has undergone a psychological and emotional health exam and been screened for any trace of drug dependence or illegal drug use and undergone a physical examination. Must be performed w/n 180 days of appointment.
What is covered in Occupations Code 1701.312, “Disqualification Felony Conviction or Community Supervision”?
(a) disqualifies from being licensed as an officer if ever convicted of a felony offense, (b) a felony conviction exists if the person has ever been adjudged guilty of a felony under the laws of Texas, another state, or the United States. (1) A person is convicted if they were adjudged guilty of a felony and the judge suspended the sentence and placed on probation. (2) If the court’s judgment and sentence contains this language, it is considered to be a conviction, and the person is disqualified from licensing. (3) A pardon for innocence restores a person’s privilege to be licensed.
What is covered in Section 211 of the Commission Rules
Administration
What is covered in Section 215 of the Commission Rules?
Training
What is covered in Section 217 of the Commission Rules?
Enrollment, Licensing, Appointment and Separation of Officers
What is covered in Section 218 of the Commission Rules?
Continuing Education for Licensees
What is covered in Section 219 of the Commission Rules?
Pre-Licensing, Reactivation Tests, and Endorsements
What is covered in Section 221 of the Commission Rules?
Proficiency Certificates
What is covered in Section 223 of the Commission Rules?
Enforcement
What is covered in Section 225 of the Commission Rules?
Specialized Licenses
What is covered in Section 229 of the Commission Rules?
Texas Peace Officer’s Memorial
For what is the “L-1” Form used?
Used by a police agency to appoint someone as an officer for their department. The L-1 may be used to appoint either: (a) A certified officer transferring to their agency, (b) A cadet to attend academy and join their agency once certified
For what is the “L-2” Form used?
This form is completed by a medical doctor, chosen by the agency, who will complete a drug screening and physical examination
For what is the “L-3” Form used?
This form is completed by a licensed psychologist, chosen by the agency, who will determine that the candidate is fit for service as a police officer
For what is the “L-5” Form used?
This form is completed by a licensed psychologist, chosen by the agency, who will determine that the candidate is fit for service as a police officer
According to Section 218.1, what are the requirements for a course to receive TCOLE CLE credit?
recognized by TCOLE, legislatively required by TCOLE, in excess of basic licensing requirements, and consistent with assigned duties.
According to Section 218.1, what documentation must a reporting agency keep after a CLE course is completed?
the course outline, lesson plan, handouts, certificates of completion with hours indicated on the certificates, evaluations by attendees that include a written critique of the instructor and how the training was applicable to their assigned duties, and number attending.
According to Section 218.1, what are legitimate reasons for TCOLE to refuse to grant credit for a CLE course?
No final examination or skills test, annual firearms proficiency, out-of-state course, training failing to meet TCOLE requirements, instructor claiming credit for more than one presentation per 24-month unit of training cycle, course claimed by deceitful means, course taken more than twice from same provider in one training unit, unlicensed training provider.
Each licensee is required to complete all legislatively required CLE. True or False: All agencies MUST allow licensees time to complete these required courses?
TRUE
What coursework is required in a 2-year training unit?
40 hours of CE, Legislative updates, Not less than 16 hours of ALERRT training
What coursework is required in a 4-year training cycle?
Those who have not yet reached the Intermediate Proficiency Certificate must complete: (a) 3939 Cultural Diversity, (b) 3232 Special Investigative Topics, (c) 3843 Crisis Intervention Training (CIT), (d) 1849 De-Escalation Techniques
What training is mandatory for first-time chiefs and constables?
The New Chief Course offered by Bill Blackwood Law Enforcement Management Institute not later than their 2nd anniversary as Chief or Constable.
What repeat training is required for experienced Chiefs?
After the first course, Chiefs must complete 40 hours of the Bill Blackwood course every 24 months.
What repeat training is required for experienced Constables?
After the first course, Constables must complete 40 hours of the Bill Blackwood course every 48 months
What additional course is required for Deputy Constables?
A 20-hour course in civil process
What training must first-time supervisors take?
The New Supervisor Training course within 1 year of appointment as a supervisor
What training is required by school-based law enforcement officers?
A school-based law enforcement proficiency certificate within 180 days of commissioning as a peace officer
That special training is required for Eyewitness Identification Officers?
They must complete course 3286 Eyewitness Identification Training before starting that role
What special training is required for courtroom security officers?
Course 10999 Courtroom Security within 1 year of appointment
What special training is required for University or Trauma-Informed Investigative Officers?
An approved course on trauma-informed investigation, allegations of sexual harassment, sexual assault, dating violence, and stalking.
When must officers take any legislatively mandated courses?
Legislatively mandated courses must be completed during the first training cycle.
What actions take place if an officer fails to complete the training required in a training cycle?
The Commission will give notice of impending non-compliance. Within 30 days of non-compliance, the chief administrator of the agency must provide a report to the Commission explaining the reasons for such non-compliance. The non-compliant officer must complete the missing training ASAP.
How long does a training provider have to report completion of a course to TCOLE?
Within 30 days of completing the course.
Can the Executive Director waive a required course?
Yes, for mitigating circumstances
What does the term “mitigating circumstances” include?
Catastrophic illness or injury, Active duty with the Armed Forces of the United States
How must a request for waiver be requested?
Must be in writing, include backup documentation, and be submitted 30 days prior to the end of the training unit
When must requests for waivers be submitted if there are no mitigating circumstances?
90 days prior to the end of the training unit
When can the Commission waive civil process training?
When civil process is not part of a Constable’s duties; If a Constable can prove a hardship would be caused by taking the civil process course.
How long does the Executive Director have to notify the agency or licensee whether a waiver has been granted or denied?
20 days
How long does a licensee have to request a hearing for a denied waiver?
20 days
In an appeal of a waiver, who bears the burden of proof?
The licensee
How often must a licensee complete a firearms proficiency test?
At least once per calendar year
Who is responsible for maintaining records and evidence of each officer’s firearms proficiency examinations?
Each agency must appoint a firearms proficiency officer
What records is the firearms proficiency officer required to keep?
Date of the examination, the identification of the officer, the manufacturer and model of the firearm(s) qualified with, the qualifying scores, course of fire.
What do the annual firearms proficiency requirements include?
Inspection of the weapon(s) evaluated on, proficiency in cleaning the weapon, a course of fire meeting minimum standards.
What is the minimum passing percentage for each firearm?
70%
Fill in the minimum standards for qualifying with a handgun.
Minimum Rounds: _______; Minimum Distance: _________ to _________; ______ Rounds at or beyond _________ 7 yards; # of Timed Reloads: __________
Fill in the minimum standards for qualifying with a shotgun.
Minimum Rounds: _______; Minimum Distance: _________
Fill in the minimum standards for qualifying with a precision rifle.
Minimum Rounds: _______; Minimum Distance: _________
Fill in the minimum standards for qualifying with a patrol rifle.
Minimum Rounds: _______; Minimum Distance: _________
Fill in the minimum standards for qualifying with a fully automatic rifle.
Minimum Rounds: _______; Minimum Distance: _________ to at least 10 yards; # of Timed Reloads: __________; Minimum of _____ rounds fired in fully automatic mode (short bursts of two or three rounds); Minimum of _______ rounds fired in semi-automatic mode, if possible with the weapon
What Continuing Education training is required for Licensed Peace Officers in a two-year training cycle?
A minimum of 40 hours of training that must include: (a) 3188 Legislative Updates, (b) No less than 16 hours of ALERRT training, (c) 4202 Finding Wellness – Building a Healthier Life in person or on MyTCOLE 3.0, (d) 4070 Trauma-Informed Approach to Sexual Assault Investigations (or MyTCOLE 3.0 course #470) if not completed in the 9/1/21-8/3/23 unit. An equivalent to course 4070 is course 3264 Special Investigator Certification.
What Continuing Education training is required for Licensed Peace Officers in a four-year training cycle?
If you do not have an Intermediate Proficiency Certificate or higher, the following will be required for completion of the four-year training cycle (09/01/2023 – 08/31/2025): (a) 3843 or 1850 – Crisis Intervention Training, (b) 3939 or 394 – cultural diversity, (c) 1849 – De-Escalation Techniques, (d) 3232 – Special Investigative Topics. Deputy Constables must also complete 3131 – Civil Process during the four-year training cycle
What ALERRT Level I training courses must be completed at least once prior to 8/31/2027?
3311, 3313, 3315 (train-the-trainer)
If officers have not completed 3311, when should they have it completed?
8/31/25
If officers fail to complete 3311 before 8/31/25, when MUST it be completed?
8/31/27
What must officers take if they have already completed courses 3311, 3313, and 3315?
At least 16 hours of ALERRT training in the 2-year training unit ending 8/31/25
May an individual take a licensing exam for a license they already hold?
No
What has to happen in order to be qualified to sit for a state licensing exam?
(1) successful completion of a BPOC, or (2) qualify for reactivation, reinstatement, out-of-state police officer, federal criminal investigator, or military, or county corrections licensing, (3) meet minimum requirements for enrollment and initial licensure
How many attempts does a candidate have to pass a licensing exam?
3 within 180 days of completion of licensing course
When must one repeat a basic licensing course for the license they seek?
(1) have failed the licensing exam 3 times within 180 days of completing a licensing course, (2) a licensee was dismissed from a licensing exam for cheating
What happens to a license if an individual is not appointed within 2 years of taking the exam?
It becomes inactive
What chapter applies to school marshal licenses?
Chapter 227
What chapter applies to actions taken by the Commission against a licensee?
Chapter 223
What information must be reported to the Commission within 30 days of occurrence?
(1) name change, (2) permanent mailing address change, (3) an arrest, charge, or indictment for a criminal offense above the grade of Class C misdemeanor or family violence, (4) the final disposition in a criminal matter, (5) dishonorable discharge from the military
When must the chief administrator of a police agency report the arrest of an officer?
Within 30 business days of their arrest
What section describes the responsibility of an agency’s chief administrator?
Section 211.29N
Who is eligible to have their name placed on the Texas Police Memorial Monument?
(1) a licensed peace officer for the state of Texas, (2) a federal officer or special agent performing duties in the state of Texas, (3) a corrections officer performing duties in the state of Texas.
Eligible officers must also meet what criteria?
(1) the fatal accident was a direct result of a line of duty, on or off duty incident; (2) the fatal incident was an indirect result but directly attributed to a line of duty, on or off duty incident; (3) the fatal incident was a direct result of a felonious assault on the officer, perpetrated because of the officer’s status, regardless of duty status; or (4) the Employees’ Retirement System of Texas authorizes benefits to the eligible survivors of the person as provided by Chapter 615, Government Code.
How does the nomination and selection process for inclusion on the Memorial Monument work?
(a) Nominations must be submitted to the commission in accordance with Article 3105.0035, Government Code; (b) the executive director or designee shall accept supporting documentation affirming a nominee’s eligibility; (3) sworn affidavit completed by the law enforcement agency chief executive officer or any other person with knowledge of the incident accepting responsibility for the information submitted, accompanied by a description detailing the incident and death; (4) certified copy of statements of witnesses to the fatal incident; (5) an original letter or petition of a family member with verified supporting documents; (6) reproduced documents verified by a state or county historical commission chairperson; (7) news articles or other published materials supported by documents listed above; or (8) any other documentation which would reasonably substantiate a finding by the commission; (c) The commission shall review the recommendations of the executive director concerning names of deceased officers for inclusion on the Memorial Monument at a regularly scheduled meeting and make its final determination according to §3105.0035 Texas Government Code; (d) Nominations must be submitted to the Commission no later than 30 days prior to a quarterly meeting in which the Commission will be taking up the executive director’s preliminary recommendations.
What deaths do not qualify an officer to be honored on the Memorial Monument?
(a) An officer whose death is attributed to natural causes is not eligible for inclusion except when a medical condition arises out of a specific response to a violation of the law or an emergency situation causing an officer’s death or causing the officer’s death during or after a period of hospitalization following the specific response to the violation of the law or emergency situation; (b) An officer whose death is attributed to any of the following is not eligible for inclusion: (1) when caused as a result of or during the officer’s commission of a crime; (2) as a direct result of the officer’s voluntary alcohol or controlled substance abuse; or (3) when caused by the officer’s intention to bring about the officer’s own death.
