| (a) Under Government Code, §411.048(i), an agency
entering an electronic TAPO record must comply with all TCIC and TLETS
policies with respect to the information held by the agency to support
the electronic record.
(b) No agency may submit an electronic TAPO record
without proper criminal predicate directly related to the threat information
supporting the electronic record.
(1) Criminal predicate is shown for an electronic record
when articulable information exists to establish sufficient facts
to give a peace officer, investigator, or other trained criminal justice
employee reasonable suspicion to believe that a particular individual
has made a serious threat against a peace officer or detention officer.
(2) The individual need not have been arrested for
the threat being investigated or any other crime, as predicate for
submitting information to TAPO.
(c) If information is disseminated from a TAPO record
and later determined to be materially erroneous or incorrect, the
submitting agency must notify each previous recipient of the error
or correction in the record. The department may assist the submitting
agency in determining the identity of each recipient of the erroneous
or incorrect record.
(d) No agency may use data received solely based on
a TAPO query to populate another searchable database.
|
| Source Note: The provisions of this §5.33 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359 |
