| (38) Law enforcement automobile for training--A vehicle
equipped to meet the requirements of an authorized emergency vehicle
as identified by Texas Transportation Code §546.003 and §547.702.
(39) Less lethal force weapon--A weapon designed or
intended for use on individuals or groups of individuals which, in
the course of expected or reasonably foreseen use, has a lower risk
of causing death or serious injury than do firearms. Less lethal force
weapons do not include firearms or other weapons whose expected or
reasonably foreseen use would result in life-threatening injuries.
Less lethal force weapons may include police batons, hand-held chemical
irritants, chemical irritants dispersed at a distance, conducted electrical
weapons, kinetic impact projectiles, water cannons, and acoustic weapons
and equipment. An officer provided or equipped with a less lethal
force weapon should be trained, qualified, or certified in its use.
(40) Lesson plan--A plan of action consisting of a
sequence of logically linked topics that together make positive learning
experiences. Elements of a lesson plan include: measurable goals and
objectives, content, a description of instructional methods, tests
and activities, assessments and evaluations, and technologies utilized.
(41) License--A license required by law or a state
agency rule that must be obtained by an individual to engage in a
particular business.
(42) Licensee--An individual holding a license issued
by the commission.
(43) Line of duty--Any lawful and reasonable action,
which an officer identified in Texas Government Code, Chapter 3105
is required or authorized by rule, condition of employment, or law
to perform. The term includes an action by the individual at a social,
ceremonial, athletic, or other function to which the individual is
assigned by the individual's employer.
(44) Moral character--The propensity on the part of
a person to serve the public of the state in a fair, honest, and open
manner.
(45) Officer--A peace officer or reserve identified
under the provisions of the Texas Occupations Code, §1701.001.
(46) Patrol rifle--Any magazine-fed repeating rifle
with iron/open sights or with a frame mounted optical enhancing sighting
device, 5 power or less, that is carried by the individual officer
in an official capacity.
(47) Patrol vehicle--A vehicle equipped with emergency
lights, siren, and the means to safely detain and transport a combative
detainee.
(48) Peace officer--A person elected, employed, or
appointed as a peace officer under the provisions of the Texas Occupations
Code, §1701.001.
(49) Personal Identification Number (PID)--A unique
computer-generated number assigned to individuals for identification
in the commission's electronic database.
(50) Placed on probation--Has received an adjudicated
or deferred adjudication probation for a criminal offense.
(51) POST--State or federal agency with jurisdiction
similar to that of the commission, such as a peace officer standards
and training agency.
(52) Precision rifle--Any rifle with a frame mounted
optical sighting device greater than 5 power that is carried by the
individual officer in an official capacity.
(53) Proprietary training contractor--An approved training
contractor who has a proprietary interest in the intellectual property
delivered.
(54) Public security officer--A person employed or
appointed as an armed security officer identified under the provisions
of the Texas Occupations Code, §1701.001.
(55) Reactivate--To make a license issued by the commission
active after a license becomes inactive. A license becomes inactive
at the end of the most recent unit or cycle in which the licensee
is not appointed and has failed to complete legislatively required
training.
(56) Reinstate--To make a license issued by the commission
active after disciplinary action or failure to obtain required continuing
education.
(57) Reserve--A person appointed as a reserve law enforcement
officer under the provisions of the Texas Occupations Code, §1701.001.
(58) School marshal--A person employed and appointed
by the board of trustees of a school district, the governing body
of an open-enrollment charter school, the governing body of a private
school, or the governing board of a public junior college under Texas
Code of Criminal Procedure, Article 2.127 and in accordance with and
having the rights provided by Texas Education Code, §37.0811.
(59) Self-assessment--Completion of the commission
created process, which gathers information about a training or education
program.
(60) Separation--An explanation of the circumstances
under which the person resigned, retired, or was terminated, reported
on the form currently prescribed by the commission, in accordance
with Texas Occupations Code, §1701.452.
(61) SOAH--The State Office of Administrative Hearings.
(62) Successful completion--A minimum of:
(A) 70 percent or better; or
(B) C or better; or
(C) pass, if offered as pass/fail.
(63) Sustainable funding sources--Funding from an agency's
governing body such as property tax, sales tax, use and franchise
fees, and the issuance of traffic citations subject to section 542.402
of the Texas Transportation Code. Term limited sources, such as grants,
are not sustainable funding sources.
(64) TCLEDDS--Texas Commission on Law Enforcement Data
Distribution System.
(65) Telecommunicator--A person employed as a telecommunicator
under the provisions of the Texas Occupations Code, §1701.001.
(66) Training coordinator--An individual, appointed
by a commission-recognized training provider, who meets the requirements
of §215.9 of this title.
(67) Training cycle--A 48-month period as established
by the commission. Each training cycle is composed of two contiguous
24-month units.
(68) Training hours--Classroom or distance education
hours reported in one-hour increments.
(69) Training program--An organized collection of various
resources recognized by the commission for providing preparatory or
continuing training. This program includes, but is not limited to,
learning goals and objectives, academic activities and exercises,
lesson plans, exams, skills training, skill assessments, instructional
and learning tools, and training requirements.
(70) Training provider--A governmental body, law enforcement
association, alternative delivery trainer, or proprietary entity credentialed
by or authorized under a training provider contract with the commission
to provide preparatory or continuing training for licensees or potential
licensees.
(71) Uniform--Dress that makes an officer immediately
identifiable as a peace officer, to include a visible badge. Acceptable
uniform dress must be defined in agency policy and consistent in its
application and use across the agency.
(72) Verification (verified)--The confirmation of the
correctness, truth, or authenticity of a document, report, or information
by sworn affidavit, oath, or deposition.
(b) The effective date of this section is June 1, 2024.
|
| Source Note: The provisions of this §211.1 adopted to be effective January 1, 2012, 36 TexReg 8974; amended to be effective July 12, 2012, 37 TexReg 4602; amended to be effective January 17, 2013, 37 TexReg 10251; amended to be effective February 1, 2014, 38 TexReg 9605; amended to be effective February 1, 2016, 41 TexReg 270; amended to be effective May 1, 2018, 43 TexReg 1878; amended to be effective November 21, 2019, 44 TexReg 7059; amended to be effective February 5, 2020, 45 TexReg 764; amended to be effective June 1, 2024, 49 TexReg 3809 |
