| (a) The commission shall issue proficiency certificates
in accordance with the Texas Occupations Code §1701.402. Commission
certificates issued pursuant to §1701.402 are neither required
nor a prerequisite for establishing proficiency or training. The commission
shall give credit toward proficiency certification for successful
completion of hours or degrees at accredited colleges and universities
or for military service.
(b) To qualify for proficiency certificates, applicants
must meet all the following proficiency requirements:
(1) submit any required application currently prescribed
by the commission, requested documentation, and any required fee;
(2) have an active license or appointment for the corresponding
certificate (not a requirement for Mental Health Officer Proficiency,
Retired Peace Officer and Federal Law Enforcement Officer Firearms
Proficiency, Firearms Instructor Proficiency, Firearms Proficiency
for Community Supervision Officers, Firearms Proficiency for Juvenile
Probation Officers or Instructor Proficiency);
(3) must not have license(s) under suspension by the
commission within the previous 5 years;
(4) meet the continuing education requirements for
the previous training cycle;
(5) for firearms related certificates, not be prohibited
by state or federal law or rule from attending training related to
firearms or from possessing a firearm; and
(6) academic degree(s) must be issued by an accredited
college or university.
(c) The commission may refuse an application if:
(1) an applicant has not been reported to the commission
as meeting all minimum standards, including any training or testing
requirements;
(2) an applicant has not affixed any required signature;
(3) required forms are incomplete;
(4) required documentation is incomplete, illegible,
or is not attached; or
(5) an application contains a false assertion by any
person.
(d) The commission shall cancel and recall any certificate
if the applicant was not qualified for its issue and it was issued:
(1) by mistake of the commission or an agency; or
(2) based on false or incorrect information provided
by the agency or applicant.
(e) If an application is found to be false, any license
or certificate issued to the appointee by the commission will be subject
to cancellation and recall.
(f) The issuance date of a proficiency certificate
may be changed upon submission of an application along with documentation
supporting the proposed date of eligibility and payment of any required
fee.
(g) The effective date of this section is February
1, 2020.
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