| (a) Under Government Code §411.048, a criminal
justice agency must, upon determining that an individual has made
a serious threat against a peace officer or detention officer, immediately
enter an electronic report of the determination into TAPO in the form
and manner provided by this subchapter.
(1) This section comprises the department rules concerning
the form and manner for these reports.
(2) The form and manner may contain discretionary or
mandatory provisions. Mandatory provisions describe the minimum information
available to any agency making a proper TAPO query. Discretionary
provisions describe additional information that may be stored by the
department and available in a TAPO response.
(b) An agency must, without regard to ultimate charge
or case clearance, enter an electronic record into TAPO.
(c) An agency must enter the electronic record following
the manner required by TCIC policy and procedure.
(d) The department will remove an electronic TAPO record
if:
(1) the department receives an appropriate court order;
(2) the department determines that the TAPO record
is misleading, inaccurate, or otherwise no longer relevant; or
(3) the submitting agency fails or refuses to:
(A) provide adequate documentation of any material
information supporting the record; or
(B) validate the supporting information within the
five year review period.
(e) The department will not accept submission of an
electronic TAPO record for an individual if the record is based solely
on the individual's membership in a group.
(f) An agency should take reasonable steps to notify
the intended target of the threat.
|
| Source Note: The provisions of this §5.34 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 |
