| (a) In order for an individual to enroll in any basic
licensing course the provider must have on file documentation, acceptable
to the Commission, that the individual meets eligibility for licensure.
(b) The commission shall issue a license to an applicant
who meets the following standards:
(1) minimum age requirement:
(A) for peace officers and public security officers,
is 21 years of age; or 18 years of age if the applicant has received:
(i) an associate's degree; or 60 semester hours of
credit from an accredited college or university; or
(ii) has received an honorable discharge from the armed
forces of the United States after at least two years of active service;
(B) for jailers and telecommunicators is 18 years of
age;
(2) minimum educational requirements:
(A) has passed a general educational development (GED)
test indicating high school graduation level;
(B) holds a high school diploma; or
(C) for enrollment purposes in a basic peace officer
academy only, has an honorable discharge from the armed forces of
the United States after at least 24 months of active duty service;
(3) is fingerprinted and is subjected to a search of
local, state and U.S. national records and fingerprint files to disclose
any criminal record;
(4) has never been on court-ordered community supervision
or probation for any criminal offense above the grade of Class B misdemeanor
or a Class B misdemeanor within the last ten years from the date of
the court order;
(5) is not currently charged with any criminal offense
for which conviction would be a bar to licensure;
(6) has never been convicted of an offense above the
grade of a Class B misdemeanor or a Class B misdemeanor within the
last ten years;
(7) has never been convicted or placed on community
supervision in any court of an offense involving family violence as
defined under Chapter 71, Texas Family Code;
(8) for peace officers, is not prohibited by state
or federal law from operating a motor vehicle;
(9) for peace officers, is not prohibited by state
or federal law from possessing firearms or ammunition;
(10) has been subjected to a background investigation
completed by the enrolling or appointing entity into the applicant's
personal history. A background investigation shall include, at a minimum,
the following:
(A) An enrolling entity shall:
(i) require completion of the Commission-approved personal
history statement; and
(ii) verify that the applicant meets each individual
requirement for licensure under this rule based on the personal history
statement and any other information known to the enrolling entity;
and
(iii) contact all previous enrolling entities.
(B) In addition to subparagraph (A) of this paragraph,
a law enforcement agency or law enforcement agency academy shall:
(i) require completion of the Commission-approved personal
history statement; and
(ii) meet all requirements enacted in Occupations Code
1701.451, including submission to the Commission of a form confirming
all requirements have been met. An in-person review of personnel records
is acceptable in lieu of making the personnel records available electronically
if a hiring agency and a previous employing law enforcement agency
mutually agree to the in-person review.
(11) examined by a physician, selected by the appointing
or employing agency, who is licensed by the Texas Medical Board. The
physician must be familiar with the duties appropriate to the type
of license sought and appointment to be made. The appointee must be
declared by that professional, on a form prescribed by the commission,
within 180 days before the date of appointment by the agency to be:
(A) physically sound and free from any defect which
may adversely affect the performance of duty appropriate to the type
of license sought;
(B) show no trace of drug dependency or illegal drug
use after a blood test or other medical test; and
(C) for the purpose of meeting the requirements for
initial licensure, an individual's satisfactory medical exam that
is conducted as a requirement of a basic licensing course may remain
valid for 180 days from the individual's date of graduation from that
academy, if accepted by the appointing agency;
(12) examined by a psychologist, selected by the appointing,
employing agency, or the academy, who is licensed by the Texas State
Board of Examiners of Psychologists. This examination may also be
conducted by a psychiatrist licensed by the Texas Medical Board. The
psychologist or psychiatrist must be familiar with the duties appropriate
to the type of license sought. The individual must be declared by
that professional, on a form prescribed by the commission, to be in
satisfactory psychological and emotional health to serve as the type
of officer for which the license is sought. The examination must be
conducted pursuant to professionally recognized standards and methods.
The examination process must consist of a review of a job description
for the position sought; review of any personal history statements;
review of any background documents; at least two instruments, one
which measures personality traits and one which measures psychopathology;
and a face to face interview conducted after the instruments have
been scored. The appointee must be declared by that professional,
on a form prescribed by the commission, within 180 days before the
date of the appointment by the agency;
(A) the commission may allow for exceptional circumstances
where a licensed physician performs the evaluation of psychological
and emotional health. This requires the appointing agency to request
in writing and receive approval from the commission, prior to the
evaluation being completed; or
(B) the examination may be conducted by qualified persons
identified by Texas Occupations Code § 501.004. This requires
the appointing agency to request in writing and receive approval from
the commission, prior to the evaluation being completed; and
(C) for the purpose of meeting the requirements for
initial licensure, an individual's satisfactory psychological exam
that is conducted as a requirement of a basic licensing course may
remain valid for 180 days from the individual's date of graduation
from that academy, if accepted by the appointing agency;
(13) has never received a dishonorable discharge from
the armed forces of the United States;
(14) has not had a commission license denied by final
order or revoked;
(15) is not currently on suspension, or does not have
a surrender of license currently in effect;
(16) meets the minimum training standards and passes
the commission licensing examination for each license sought;
(17) is a U.S. citizen or is a legal permanent resident
of the United States, if the person is an honorably discharged veteran
of the armed forces of the United States with at least two years of
service before discharge and presents evidence satisfactory to the
commission that the person has applied for United States citizenship.
(c) For the purposes of this section, the commission
will construe any court-ordered community supervision, probation or
conviction for a criminal offense to be its closest equivalent under
the Texas Penal Code classification of offenses if the offense arose
from:
(1) another penal provision of Texas law; or
(2) a penal provision of any other state, federal,
military or foreign jurisdiction.
(d) A classification of an offense as a felony at the
time of conviction will never be changed because Texas law has changed
or because the offense would not be a felony under current Texas laws.
(e) A person must meet the training and examination
requirements:
(1) training for the peace officer license consists
of:
(A) the current basic peace officer course(s);
(B) a commission recognized, POST developed, basic
law enforcement training course, to include:
(i) out of state licensure or certification; and
(ii) submission of the current eligibility application
and fee; or
(C) a commission approved academic alternative program,
taken through a licensed academic alternative provider and at least
an associate's degree.
(2) training for the jailer license consists of the
current basic county corrections course(s) or training recognized
under Texas Occupations Code §1701.310;
(3) training for the public security officer license
consists of the current basic peace officer course(s);
(4) training for telecommunicator license consists
of telecommunicator course; and
Cont'd... |
