| (a) Before a law enforcement agency may appoint a person
licensed or seeking a license as a peace officer, county jailer, or
telecommunicator the agency head or designee must:
(1) obtain the person's written consent for the agency
to view the person's employment records;
(2) obtain a copy of the Personal Status Report (PSR)
maintained by the commission;
(3) obtain a completed, signed, and notarized Personal
History Statement (PHS);
(4) obtain a Computerized Criminal History (CCH) from
TCIC and NCIC;
(5) obtain proof of eligibility after separation from
the military, if applicable;
(6) conduct and document a background investigation;
(7) for peace officers, obtain proof of weapons qualification
within the 12 months preceding appointment;
(8) for current licensees, electronically request and
obtain the F-5 Return (F5R) from the commission, contact each of the
person's previous law enforcement employers, and document the contact
on the F5 return; and
(9) in addition to the requirements listed in this
section:
(A) For a licensee with more than 180 days since their
last appointment:
(i) obtain a new declaration of psychological and emotional
health (L3 Form);
(ii) obtain a new declaration of the lack of any drug
dependency or illegal drug use (L2 Form); and
(iii) obtain new proof that the licensee has been fingerprinted
and subjected to a search of local, state and U.S. national records
and fingerprint files to disclose any criminal record.
(B) For a person's initial appointment:
(i) obtain proof of meeting educational requirements;
(ii) obtain proof of meeting U.S. citizenship requirements;
(iii) obtain new proof that the person has been fingerprinted
and subjected to a search of local, state and U.S. national records
and fingerprint files to disclose any criminal record;
(iv) obtain a new declaration of psychological and
emotional health (L3 Form), if more than 180 days from the graduation
of the basic licensing course;
(v) obtain a new declaration of medical eligibility
and lack of any drug dependency or illegal drug use (L2 Form), if
more than 180 days from the graduation of the basic licensing course;
and
(vi) submit an appointment application (L1 Form) and
receive an approval of the application before the person discharges
any duties related to the license sought.
(10) For current licensees, submit a Statement of Appointment
(L1 Form) within 7 days of the appointment.
(b) When a person licensed by the commission separates
from an agency, the agency shall, within 7 business days:
(1) submit a Separation report (Form F5) to the commission;
and
(2) provide a copy to the licensee in a manner prescribed
by Texas Occupations Code section 1701.452.
(c) A law enforcement agency that is given a signed
consent form shall make the person's employment records available
to a hiring law enforcement agency as authorized by Texas Occupations
Code section 1701.451.
(d) An agency must retain records kept under this section
while the person is appointed and for a minimum of five years after
the licensee's separation date with that agency. The records must
be maintained under the control of the agency head or designee in
a format readily accessible to the commission.
(e) The effective date of this section is February
1, 2020.
|
| Source Note: The provisions of this §217.7 adopted to be effective April 6, 2017, 42 TexReg 1777; amended to be effective May 1, 2018, 43 TexReg 1879; amended to be effective February 5, 2020, 45 TexReg 768 |
