Chpt. 4 TCOLE Rules

Question 1

Basis for the TCOLE Mission

Answer 1

As a regulatory State agency,
is 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.

Question 2

TCOLE is a state agency created by

Answer 2

by an act of the 59th Legislature—Senate Bill (SB) 236 which became effective on August 30, 1965.

Question 3

The Commission is powered by

Answer 3

by legislation to create rules for the administration—
Chapter 1701, Occupations Code

Question 4

How are the TCOLE rules organized?

Answer 4

Rule organization for Part 7—Title 37 Texas Administrative Code Chapters 211-229
o Chapter 211: Administration
o Chapter 215: Training and Educational Providers
o Chapter 217: Enrollment, Licensing, Appointment, and Separation
o Chapter 218: Continuing Education
o Chapter 219: Pre-licensing, Reactivation, Tests, and Endorsements
o Chapter 221: Proficiency Certificates
o Chapter 223: Enforcement
o Chapter 225: Specialized Licenses
o Chapter 227: School Marshals
o Chapter 229: Texas Peace Officer’s Memorial Monument

Question 5

Which are the chapters that cover the rules for the individual officer?

Answer 5

o Chapter 211: Administration
o Chapter 217: Enrollment, Licensing, Appointment, and Separation
o Chapter 218: Continuing Education
o Chapter 221: Proficiency Certificates
o Chapter 223: Enforcement
o Chapter 229: Texas Peace Officer’s Memorial Monument

Question 6

How long is a training cycle?

Answer 6

48-months

Question 7

How many training units are in a training cycle?

Answer 7

2

Question 8

How long is a training unit?

Answer 8

24-months

Question 9

How many training hours are require in each training unit?

Answer 9

40-hour continuing education credits are require which
must be completed during every 24-month unit of a training cycle

Question 10

What are the requirements for the Basic Peace Officer Proficiency Certification?

Answer 10

• An active license or appointment
• 1 year of service
• Completion of required courses

Question 11

What are the requirements for the Intermediate Peace Officer Proficiency Certification?

Answer 11

• An active license or appointment
• Must hold Basic Peace Officer Certification
• Completion of training hours and service time
• Completion of required courses

Question 12

What are the requirements for the Advanced Peace Officer Proficiency Certification?

Answer 12

• An active license or appointment
• Must hold Basic and Intermediate Peace Officer Certification
• Completion of training hours and service time
• Completion of required courses

Question 13

What are the requirements for the Master Peace Officer Proficiency Certification?

Answer 13

• An active license or appointment
• Must hold a Basic, Intermediate and Advanced Certification
• Completion of training hours and service time

Question 14

What is the L1 form?

Answer 14

– Statement of appointment

Question 15

What is the L2 form?

Answer 15

Declaration of the lack of any drug dependency or illegal drug use.

Question 16

What is the L3 form?

Answer 16

– Declaration of psychological and emotional health

Question 17

What is the F5 form?

Answer 17

– Separation of Appointment

Question 18

Eligibility to Take State Exam–§219.1

Answer 18

(1) have successfully completed a commission-approved basic licensing course or academic alternative program;

(2) meet the requirements for reactivation if the individual is currently licensed;

(3) meet the requirements for reinstatement if the individual is currently licensed;

Question 19

License Action and Notification–§223.1

Answer 19

a) The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at:
(1) the address of the agency shown in commission records to have the holder under current or last appointment;
(2) the address shown on the Texas driver’s license record of the holder;
(3) the last known address on record with the commission; or
(4) any other address requested by the holder in a written request to the executive director.
(b) An action by the commission to deny, suspend, or revoke one license operates against any other commission license or certificate held by the same person.

Question 20

Administrative Penalties 223.2

Answer 20

(a) In addition to any other action or penalty authorized by law, the commission may impose an administrative penalty against a law enforcement agency or governmental entity, including a school district, for violations of commission statutes or rules.
(b) In determining total penalty amounts, the commission shall consider:
(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.

Question 21

Answer Required–§223.3

Answer 21

(a) In order to preserve the right to a hearing as described under this subchapter, an answer must be filed not later than 20 days after the date the respondent receives notice of the executive director’s petition or notice of violation. Failure to file a timely answer may result in the issuance of a default order.
(b) The answer may be in the form of a general denial as that term is used in the district courts of the State of Texas.
(c) The commission may grant the default order or refer the case to SOAH for a contested case hearing.
(d) If a person files a timely answer as required by this section, but fails to appear at the contested case hearing after receiving timely and adequate notice, the executive director may move for default judgment against the respondent as provided by SOAH rules.

Question 22

Surrender of License–§223.13

Answer 22

(a) A licensee may surrender a license: (1) as part of an employee termination agreement; (2) as part of a plea bargain to a criminal charge; (3) as part of an agreed settlement to commission action; or (4) for any other reason.

Question 23

License Suspension–§223.15

Answer 23

a) Unless revocation is required, the commission may suspend a license or certificate for violating any provision of the Texas Occupations Code, Chapter 1701 or commission rule.

Question 24

Probation and Mitigating Factors–§223.16

Answer 24

(a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:
(1) the licensee’s history of compliance with the terms of court-ordered community supervision;
(2) the licensee’s post-arrest continuing rehabilitative efforts not required by the terms of community supervision;
(3) the licensee’s post-arrest employment record; and
(4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee.

Question 25

License Revocation–§223.19

Answer 25

(a) The license of a person convicted of a felony shall be immediately revoked.
(b) The license of a person convicted or placed on community supervision for an offense directly related to the duties and responsibilities of any related office held by that person may be revoked. In determining whether an offense directly relates to such office, the commission will consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purpose for requiring a license for such office;
(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office.
(c) The license of a person convicted or placed on community supervision for any offense involving family violence shall be revoked.
(d) The license of a person who is noncompliant for the third time in obtaining continuing education shall be revoked.

Question 26

Reporting Responsibilities of Individuals–§211.27

Answer 26

(a) Within thirty days, a licensee or person meeting the requirements of a licensee shall report to the commission:
(1) any name change;
(2) a permanent mailing address other than an agency address;
(3) all subsequent address changes;
(4) an arrest, charge, or indictment for a criminal offense above the grade of Class C misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, including the name of the arresting agency, the style, court, and cause number of the charge or indictment, if any;
(5) the final disposition of the criminal action; and
(6) receipt of a dishonorable discharge from the armed forces of the United States.

Question 27

Responsibility of a Law Enforcement Agency to Report an Arrest–§211.28

Answer 27

(a) When an agency receives information that it has arrested or charged an individual that is required to report under § 211.27 of this title for any offense above a Class C misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, the chief administrator or their designee must report such arrest to the commission in the format currently prescribed by the commission within 30 business days of notice of the arrest, including the:
(1) name, date of birth and PID of licensee (if available);
(2) name, address, and telephone number of the arresting agency;
(3) date and nature of the arrest;
(4) arresting agency incident, booking, or arrest number; and
(5) name, address, and telephone number of the court in which such charges are filed or such arrest is filed.