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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 5CRIMINAL LAW ENFORCEMENT
SUBCHAPTER CTHREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS
RULE §5.38Retention and Review

(a) An agency must retain the information supporting each electronic report submitted by the agency following the retention requirements as specified by TCIC policy and procedure.

(b) An agency must systematically review the information supporting each electronic report submitted by the agency to TAPO to ensure the record is still accurate, complete and relevant.

(c) An individual, who is the subject of the information in a TAPO record, may request a copy of the TAPO record from the department in compliance with the Public Information Act. The department shall promptly respond to the request.

(d) An individual who is the subject of the information in a TAPO record, may request the director review the TAPO record to determine whether the information complies with this subchapter. The department shall conduct the review using the same procedure under the Code of Criminal Procedure, Chapter 67, for reviewing criminal information collected on a criminal street gang.


Source Note: The provisions of this §5.38 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

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