|(a) A chief administrator may request the executive
director that an individual be considered for a waiver of either the
enrollment or initial licensure requirements regarding an otherwise
disqualifying Class A or B misdemeanor conviction or deferred adjudication.
An individual is eligible for one waiver request. This request must
be submitted at least 45 days prior to a regularly scheduled commission
(b) A chief administrator is eligible to apply for
a waiver five years after the date of conviction or placement on community
(c) The request must include:
(1) a complete description of the following mitigating
(A) the applicant's history of compliance with the
terms of community supervision;
(B) the applicant's continuing rehabilitative efforts
not required by the terms of community supervision;
(C) the applicant's employment record;
(D) whether the disposition offense contains an element
of actual or threatened bodily injury or coercion against another
person under the Texas Penal Code or the law of the jurisdiction where
the offense occurred;
(E) the required mental state of the disposition offense;
(F) whether the conduct resulting in the arrest resulted
in the loss of or damage to property or bodily injury;
(G) the type and amount of restitution made by the
(H) the applicant's prior community service;
(I) the applicant's present value to the community;
(J) the applicant's post-arrest accomplishments;
(K) the applicant's age at the time of arrest; and
(L) the applicant's prior military history;
(2) all court and community supervision documents;
(3) the applicant's statement;
(4) all offense reports;
(5) victim(s) statement(s), if applicable;
(6) letters of recommendation;
(7) statement(s) of how the public or community would
(8) chief administrator's written statement of intent
to hire the applicant as a full time employee.
(d) Commission staff will review the request and notify
the chief administrator if the request is incomplete. The chief administrator
must provide any missing documents before the request can be scheduled
for a commission meeting. Once a completed request is received, it
will be placed on the agenda of a regularly scheduled commission meeting.
(e) The chief administrator will be notified of the
meeting date and must be present to present the request to the commissioners.
The applicant must be present at the meeting to answer questions about
the request. Staff will present a report on the review process.
(f) After hearing the request, the commissioners will
make a decision and take formal action to approve or deny the request.
(g) If granted, a waiver is issued in the name of the
applicant chief administrator, belongs to the sponsoring agency, is
nontransferable without approval, and is without effect upon the subject's
separation from employment. If separated and in the event of subsequent
prospective law enforcement employment, a person may seek another
waiver through the prospective hiring agency's chief administrator.
(h) The effective date of this section is June 1, 2022.
|Source Note: The provisions of this §211.30 adopted to be effective October 26, 2009, 34 TexReg 6661; amended to be effective June 1, 2014, 39 TexReg 3443; amended to be effective June 1, 2022, 47 TexReg 2882