| (a) The following words and terms, when used in this
part, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Academic alternative program--A program for college
credit offered by a training provider recognized by the Southern Association
of Colleges and Schools or its successors and the Texas Higher Education
Coordinating Board, authorized by the commission to conduct preparatory
law enforcement training as part of a degree plan program, and consisting
of commission-approved curricula.
(2) Academic provider--A school, accredited by the
Southern Association of Colleges and Schools or its successors and
the Texas Higher Education Coordinating Board, which has been approved
by the commission to provide basic licensing courses.
(3) Accredited college or university--An institution
of higher education that is accredited or authorized by the Southern
Association of Colleges and Schools, the Middle States Association
of Colleges and Schools, the New England Association of Schools and
Colleges, the North Central Association of Colleges and Schools, the
Northwest Commission on Colleges and Universities, the Western Association
of Schools and Colleges or its successors, or an international college
or university evaluated and accepted by a United States accredited
college or university.
(4) Active--A license issued by the commission that
meets the current requirements of licensure and training as determined
by the commission.
(5) Administrative Law Judge (ALJ)--An administrative
law judge appointed by the chief administrative law judge of the State
Office of Administrative Hearings.
(6) Agency--A law enforcement unit or other entity,
whether public or private, authorized by Texas law to appoint a person
licensed or certified by the commission.
(7) Appointed--Elected or commissioned by an agency
as a peace officer, reserve or otherwise selected or assigned to a
position governed by the Texas Occupations Code, Chapter 1701, without
regard to pay or employment status.
(8) Background investigation--An investigation completed
by the enrolling or appointing entity into an applicant's personal
history as set forth in §217.1(b)(10).
(9) Basic licensing course--Any current commission
developed course that is required before an individual may be licensed
by the commission.
(10) Certified copy--A true and correct copy of a document
or record certified by the custodian of records of the submitting
entity.
(11) Chief administrator--The head or designee of a
law enforcement agency.
(12) Commission--The Texas Commission on Law Enforcement.
(13) Commissioned--Has been given the legal power to
act as a peace officer or reserve, whether elected, employed, or appointed.
(14) Commissioners--The nine commission members appointed
by the governor.
(15) Contract jail--A correctional facility, operated
by a county, municipality or private vendor, operating under a contract
with a county or municipality, to house inmates convicted of offenses
committed against the laws of another state of the United States,
as provided by Texas Government Code, §511.0092.
(16) Contract Jailer--A person licensed as a Jailer
in a Contract Jail or employed by an agency outside of a County Jail
whose employing agency provides services inside of a County Jail which
would require the person to have a Jailer License.
(17) Contractual training provider--A law enforcement
agency or academy, a law enforcement association, alternative delivery
trainer, distance education, academic alternative, or proprietary
training provider that conducts specific education and training under
a contract with the commission.
(18) Convicted--Has been adjudged guilty of or has
had a judgment of guilt entered in a criminal case that has not been
set aside on appeal, regardless of whether:
(A) the sentence is subsequently probated and the person
is discharged from probation;
(B) the charging instrument is dismissed and the person
is released from all penalties and disabilities resulting from the
offense; or
(C) the person is pardoned, unless the pardon is expressly
granted for subsequent proof of innocence.
(19) Community supervision--Any court-ordered community
supervision or probation resulting from a deferred adjudication or
conviction by a court of competent jurisdiction. However, this does
not include supervision resulting from a pretrial diversion.
(20) Diploma mill--An entity that offers for a fee
with little or no coursework, degrees, diplomas, or certificates that
may be used to represent to the general public that the individual
has successfully completed a program of secondary education or training.
(21) Distance education--Study, at a distance, with
an educational provider that conducts organized, formal learning opportunities
for students. The instruction is offered wholly or primarily by distance
study, through virtually any media. It may include the use of: videotapes,
DVD, audio recordings, telephone and email communications, and Web-based
delivery systems.
(22) Duty ammunition--Ammunition required or permitted
by the agency to be carried on duty.
(23) Executive director--The executive director of
the commission or any individual authorized to act on behalf of the
executive director.
(24) Experience--Includes each month, or part thereof,
served as a peace officer, reserve, jailer, telecommunicator, or federal
officer. Credit may, at the discretion of the executive director,
be awarded for relevant experience from an out-of-state agency.
(25) Family Violence--In this chapter, has the meaning
assigned by Chapter 71, Texas Family Code.
(26) Field training program--A program intended to
facilitate a transition from the academic setting to the performance
of the general duties of the appointing agency.
(27) Firearms--Any handgun, shotgun, precision rifle,
patrol rifle, or fully automatic weapon that is carried by the individual
officer in an official capacity. Conducted energy devices (CEDs) are
not firearms.
(28) Firearms proficiency--Successful completion of
the annual firearms proficiency requirements.
(29) Fit for duty review--A formal specialized examination
of an individual, appointed to a position governed by the Texas Occupations
Code, Chapter 1701, without regard to pay or employment status, to
determine if the appointee is able to safely and/or effectively perform
essential job functions. The basis for these examinations should be
based on objective evidence and a reasonable basis that the cause
may be attributable to a medical and/or psychological condition or
impairment. Objective evidence may include direct observation, credible
third party reports; or other reliable evidence. The review should
come after other options have been deemed inappropriate in light of
the facts of the case. The selected Texas licensed medical doctor
or psychologist, who is familiar with the duties of the appointee,
conducting an examination should be consulted to ensure that a review
is indicated. This review may include psychological and/or medical
fitness examinations.
(30) High School Diploma--An earned high school diploma
from a United States high school, an accredited secondary school equivalent
to that of United States high school, or a passing score on the general
education development test indicating a high school graduation level.
Documentation from diploma mills is not acceptable.
(31) Home School Diploma--An earned diploma from a
student who predominately receives instruction in a general elementary
or secondary education program that is provided by the parent, or
a person in parental authority, in or through the child's home. (Texas
Education Code §29.916)
(32) Honorably Retired Peace Officer--An unappointed
person with a Texas Peace Officer license who has a cumulative total
of 15 years of full-time service as a Peace Officer. An Honorably
Retired Peace Officer does not carry any Peace Officer authority.
(33) Individual--A human being who has been born and
is or was alive.
(34) Jailer--A person employed or appointed as a jailer
under the provisions of the Local Government Code, §85.005, or
Texas Government Code §511.0092.
(35) Killed in the line of duty--A death that is the
directly attributed result of a personal injury sustained in the line
of duty.
(36) Law--Including, but not limited to, the constitution
or a statute of this state, or the United States; a written opinion
of a court of record; a municipal ordinance; an order of a county
commissioners' court; or a rule authorized by and lawfully adopted
under a statute.
(37) Law enforcement academy--A school operated by
a governmental entity which may provide basic licensing courses and
continuing education under contract with the commission.
Cont'd... |
