| (a) An agency chief administrator is responsible for
making any and all reports and submitting any and all documents required
of that agency by the commission.
(b) An individual who is appointed or elected to the
position of the chief administrator of a law enforcement agency shall
notify the Commission of the date of appointment and title, through
a form prescribed by the Commission within 30 days of such appointment.
(c) An agency chief administrator must comply with
the appointment and retention requirements under Texas Occupations
Code, Chapter 1701.
(d) An agency chief administrator must report to the
commission within 30 days, any change in the agency's name, physical
location, mailing address, electronic mail address, or telephone number.
(e) An agency chief administrator must report, in a
standard format, incident-based data compiled in accordance with Texas
Occupations Code §1701.164.
(f) Line of duty deaths shall be reported to the commission
in current peace officers' memorial reporting formats.
(g) An agency chief administrator has an obligation
to determine that all appointees are able to safely and effectively
perform the essential job functions. An agency chief administrator
may require a fit for duty review upon identifying factors that indicate
an appointee may no longer be able to perform job-related functions
safely and effectively. These factors should be based on objective
evidence and a reasonable basis that the cause may be attributable
to a medical or psychological condition or impairment.
(h) An agency must provide training on employment issues
identified in Texas Occupations Code §1701.402 and field training.
(i) An agency must provide continuing education training
required in Texas Occupations Code §1701.351 and §1701.352.
(j) Before an agency appoints any licensee to a position
requiring a commission license it shall complete the reporting requirements
of Texas Occupations Code §1701.451.
(k) An agency appointing a person who does not hold
a commission license must file an application for the appropriate
license with the commission.
(l) An agency must notify the commission electronically
following the requirements of Texas Occupations Code §1701.452,
when a person under appointment with that agency resigns or is terminated.
(m) An agency chief administrator must comply with
orders from the commission regarding the correction of a report of
resignation/termination or request a hearing from SOAH.
(n) An agency shall notify the commission electronically
within 30 days, when it receives information that a person under appointment
with that agency has been arrested, charged, indicted, or convicted
for any offense above a Class C misdemeanor, or for any Class C misdemeanor
involving the duties and responsibilities of office or family violence.
(o) Except in the case of a commission error, an agency
that wishes to report a change to any information within commission
files about a licensee shall do so in a request to the commission,
containing:
(1) the licensees name, date of birth, last four digits
of the social security number, or PID;
(2) the requested change; and
(3) the reason for the change.
(p) An agency chief administrator may not appoint an
applicant subject to pending administrative action based on:
(1) enrollment or licensure ineligibility; or
(2) statutory suspension or revocation.
(q) The effective date of this section is February
1, 2016.
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| Source Note: The provisions of this §211.29 adopted to be effective January 1, 2012, 36 TexReg 8978; amended to be effective January 17, 2013, 37 TexReg 10251; amended to be effective February 1, 2016, 41 TexReg 273 |
