CHAPTER 1701. LAW ENFORCEMENT OFFICERS

Statutes > Texas Statutes > OCCUPATIONS CODE > TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY > CHAPTER 1701. LAW ENFORCEMENT OFFICERS

OCCUPATIONS CODE

TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1701.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Commission on Law Enforcement Officer

Standards and Education.

(2) "County jailer" means a person employed as a county jail

guard under Section 85.005, Local Government Code.

(3) "Officer" means a peace officer or reserve law enforcement

officer.

(4) "Peace officer" means a person elected, employed, or

appointed as a peace officer under Article 2.12, Code of Criminal

Procedure, or other law.

(5) "Public security officer" means a person employed or

appointed as an armed security officer by this state or a

political subdivision of this state. The term does not include a

security officer employed by a private security company that

contracts with this state or a political subdivision of this

state to provide security services for the entity.

(6) "Reserve law enforcement officer" means a person designated

as a reserve law enforcement officer under Section 85.004,

86.012, or 341.012, Local Government Code, or Section 60.0775,

Water Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

173, Sec. 2, eff. May 27, 2005.

Sec. 1701.002. APPLICATION OF SUNSET ACT. The Commission on Law

Enforcement Officer Standards and Education is subject to Chapter

325, Government Code (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the commission is

abolished and this chapter expires September 1, 2021.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 1, eff. September 1, 2009.

Sec. 1701.003. APPLICATION OF CHAPTER. (a) Except as expressly

provided by this chapter, this chapter does not:

(1) limit the powers or duties of a municipality or county; or

(2) affect Chapter 143, Local Government Code.

(b) This chapter does not affect a constable or other officer or

county jailer elected under the Texas Constitution before

September 1, 1985, and does not affect a person who held the

office of sheriff before January 1, 1994.

establishing qualifications and standards for hiring or training

officers and county jailers that exceed the commission's minimum

standards.

(d) A provision of this chapter applying to issuance or

revocation of a peace officer license applies to issuance or

revocation of a public security officer license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND

EDUCATION

Sec. 1701.051. COMMISSION MEMBERSHIP. (a) The Commission on

Law Enforcement Officer Standards and Education is an agency of

this state and consists of nine members appointed by the governor

with the advice and consent of the senate as follows:

(1) three members who are sheriffs, constables, or chiefs of

police;

(2) three members who:

(A) are licensed under this chapter, two of whom are peace

officers who, at the time of appointment, hold nonsupervisory

positions with a law enforcement agency; and

(B) have been licensed under this chapter for the five years

preceding the date of appointment; and

(3) three members who represent the public.

(b) Appointments to the commission shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointees.

commission as an additional duty of the office.

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec.

35(1), eff. September 1, 2009.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 35(1), eff. September 1, 2009.

Sec. 1701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not

eligible for appointment as a public member of the commission if

the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of law enforcement;

(2) is employed by or participates in the management of a

business entity or other organization regulated by the commission

or receiving funds from the commission;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the commission or receiving funds from the

commission;

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the commission, other than compensation

or reimbursement authorized by law for commission membership,

attendance, or expenses; or

(5) is an officer, employee, or paid consultant of a law

enforcement labor union.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a commission member and may not be an

employee of the commission employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of law enforcement or county

corrections; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of law

enforcement or county corrections.

the general counsel to the commission or the agency if the person

is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the

commission's operation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 2, eff. September 1, 2009.

Sec. 1701.054. TERMS; VACANCY. (a) Appointed commission

members serve staggered six-year terms. Every two years:

(1) the term of one of the members appointed under Section

1701.051(a)(1) expires;

(2) the term of one of the members appointed under Section

1701.051(a)(2) expires; and

(3) the term of one of the members appointed under Section

1701.051(a)(3) expires.

(b) A vacancy in an office of a member of the commission shall

be filled for the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.055. OFFICERS; QUORUM; VOTING. (a) The governor

shall designate a commission member to serve as the commission's

presiding officer. The presiding officer serves in that capacity

at the will of the governor.

(b) At its first meeting after appointment of members to serve

regular terms, the commission shall elect an assistant presiding

officer and a secretary from its appointed members.

quorum.

(d) An ex officio member may not vote.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.056. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the commission that a member:

(1) does not have at the time of taking office the

qualifications required by Section 1701.051(a) or 1701.052;

(2) does not maintain during service on the commission the

qualifications required by Section 1701.051(a) or 1701.052;

(3) is ineligible for membership under Section 1701.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

commission meetings that the member is eligible to attend during

a calendar year without an excuse approved by a majority vote of

the commission.

(b) The validity of an action of the commission is not affected

by the fact that it is taken when a ground for removal of a

commission member exists.

ground for removal exists, the executive director shall notify

the commission's presiding officer of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the commission, who shall notify the governor and the attorney

general that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 3, eff. September 1, 2009.

Sec. 1701.057. COMPENSATION; REIMBURSEMENT. (a) A commission

member may not receive compensation for service on the

commission.

(b) A commission member is entitled to reimbursement for actual

and necessary expenses incurred in performing functions under

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.058. MEETINGS. (a) The commission shall meet at

least once during each biennium to receive public comment on

training and standards for officers and county jailers. Within a

reasonable time after the meeting, the commission shall report to

the governor and legislature findings and recommendations

resulting from the meeting.

(b) The commission may meet at other times and places in this

state that the commission considers proper. The presiding officer

may call a meeting on the officer's own motion and shall call a

meeting on the written request of five members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.059. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the commission may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the commission until the person completes a training program

that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the commission;

(2) the programs, functions, rules, and budget of the

commission;

(3) the results of the most recent formal audit of the

commission;

(4) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(5) any applicable ethics policies adopted by the commission or

the Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 4, eff. September 1, 2009.

Sec. 1701.060. APPLICATION OF OPEN RECORDS LAW AND

ADMINISTRATIVE PROCEDURE LAW. Except as provided by Sections

1701.502 and 1701.503, the commission is subject to Chapters 551

and 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 1701.101. EXECUTIVE DIRECTOR. The commission may employ an

executive director.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.102. PERSONNEL. The commission may employ personnel

necessary to perform commission functions.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.103. DIVISION OF RESPONSIBILITIES. The commission

shall develop and implement policies that clearly define the

policy-making responsibilities of the commission and the

management responsibilities of the executive director and the

staff of the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.104. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The executive director or the executive director's

designee shall provide, as often as necessary, to the

commission's members and employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.105. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program that

addresses opportunities for mobility and advancement for

employees within the agency. The program must require

intra-agency posting of all positions concurrently with any

public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations that are

based on documented employee performance. All merit pay for

commission employees must be based on this system.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee

shall prepare and maintain a written policy statement to ensure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies related to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with requirements

of Chapter 21, Labor Code;

(2) a comprehensive analysis of the commission workforce that

meets federal and state laws, rules, and regulations and

instructions promulgated directly from those laws, rules, and

regulations;

(3) procedures by which a determination can be made of underuse

in the commission workforce of all persons for whom federal or

state laws, rules, and regulations and instructions promulgated

directly from those laws, rules, and regulations encourage a more

equitable balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as a part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION

Sec. 1701.151. GENERAL POWERS OF COMMISSION; RULEMAKING

AUTHORITY. The commission may:

(1) adopt rules for the administration of this chapter and for

the commission's internal management and control;

(2) establish minimum standards relating to competence and

reliability, including education, training, physical, mental, and

moral standards, for licensing as an officer, county jailer, or

public security officer;

(3) report to the governor and legislature on the commission's

activities, with recommendations on matters under the

commission's jurisdiction, and make other reports that the

commission considers desirable;

(4) require a state agency or a county, special district, or

municipality in this state that employs officers or county

jailers to submit reports and information;

(5) contract as the commission considers necessary for services,

facilities, studies, and reports required for:

(A) cooperation with municipal, county, special district, state,

and federal law enforcement agencies in training programs; and

(B) performance of the commission's other functions; and

(6) conduct research and stimulate research by public and

private agencies to improve law enforcement and police

administration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.152. RULES RELATING TO HIRING DATE OF PEACE OFFICER.

The commission may not adopt or enforce a rule that sets the date

of appointment of a peace officer at a later date than the date

that appears on employment records of the hiring law enforcement

agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.1521. USE OF TECHNOLOGY. The commission shall

implement a policy requiring the commission to use appropriate

technological solutions to improve the commission's ability to

perform its functions. The policy must ensure that the public is

able to interact with the commission on the Internet.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1522. ALTERNATIVE DISPUTE RESOLUTION. (a) The

commission shall develop and implement a policy to encourage the

use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of commission rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the commission's

jurisdiction.

(b) The commission's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1523. ELECTRONIC SUBMISSION OF FORMS, DATA, AND

DOCUMENTS. The commission by rule shall:

(1) develop and establish a system for the electronic submission

of forms, data, and documents required to be submitted to the

commission under this chapter; and

(2) once that system is established, require law enforcement

agencies to submit to the commission electronically any form,

data, or document required to be submitted to the commission

under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.1524. RULES RELATING TO CONSEQUENCES OF CRIMINAL

CONVICTION OR DEFERRED ADJUDICATION. (a) The commission by rule

shall establish guidelines consistent with this chapter that are

necessary to comply with Chapter 53 to the extent that chapter

applies to persons licensed under this chapter.

(b) In its rules under this section, the commission shall list

the offenses for which a conviction would constitute grounds for

the commission to take action under Section 53.021 or for which

placement on deferred adjudication community supervision would

constitute grounds for the commission to take action under this

chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.153. REPORTS FROM AGENCIES AND SCHOOLS. (a) The

commission shall establish reporting standards and procedures

for:

(1) appointment and termination of officers and county jailers

by law enforcement agencies;

(2) the activities of licensed training schools; and

(3) other matters the commission considers necessary for the

administration of this chapter.

(b) The commission shall furnish each agency and licensed

training school with the required reporting forms, including

access to electronic submission forms when the system under

Section 1701.1523 is established.

or licensed training school is responsible for compliance with

the reporting standards and procedures prescribed by the

commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 5, eff. September 1, 2009.

Sec. 1701.154. FEES. The commission may establish reasonable

and necessary fees for the administration of this chapter,

including reasonable and necessary fees for the administration of

Section 1701.257.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.155. GIFTS AND GRANTS. The commission may accept

grants or gifts from private individuals, foundations, or the

federal government.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.156. LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION

FUND. (a) The law enforcement officer standards and education

fund account is in the general revenue fund.

(b) The commission shall use the account in administering this

chapter and performing other commission duties established by

law.

35(2), eff. September 1, 2009.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 87, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 35(2), eff. September 1, 2009.

Sec. 1701.157. MONEY ALLOCATED AND USED FOR CONTINUING

EDUCATION. (a) Not later than March 1 of each calendar year,

the comptroller shall allocate money deposited during the

preceding calendar year in the general revenue fund to the credit

of the law enforcement officer standards and education fund

account for expenses related to the continuing education of

persons licensed under this chapter as follows:

(1) 20 percent of the money is allocated to all local law

enforcement agencies in this state in equal shares; and

(2) 80 percent of the money is allocated to all local law

enforcement agencies in this state in a share representing a

fixed amount for each position in the agency, as of January 1 of

the preceding calendar year, that is reserved to a person who:

(A) is licensed under this chapter;

(B) works as a peace officer on the average of at least 32 hours

a week; and

least at the minimum wage and is entitled to all employee

benefits offered to a peace officer by the political subdivision.

(b) To provide the necessary information for an allocation of

money under Subsection (a), a local law enforcement agency must

report to the comptroller not later than November 1 of the

preceding calendar year:

(1) the number of agency positions described by Subsection

(a)(2) authorized as of January 1 of the year the report is due;

(2) the number of agency positions described by Subsection

(a)(2) filled as of January 1 of the year the report is due;

(3) the percentage of the money received by the agency under

Subsection (a) pursuant to the allocation made by the comptroller

on or before March 1 of the year preceding the year in which the

report is due that was used by the agency before the date of the

allocation made by the comptroller under Subsection (a) on or

before March 1 of the year the report is due;

(4) the number of training hours received during the 12-month or

approximately 12-month period described by Subdivision (3) that

were funded by money received by the agency pursuant to the

allocation made by the comptroller on or before March 1 of the

year preceding the year in which the report is due; and

(5) that the agency has complied with the requirements of this

section regarding the use of any money received by the agency

pursuant to the allocation made by the comptroller on or before

March 1 of the year preceding the year in which the report is

due.

complete and detailed record of money received and spent by the

agency under this section. Money received under this section is

subject to audit by the comptroller. Money spent under this

section is subject to audit by the state auditor.

(d) A local law enforcement agency shall use money received

under Subsection (a) only as necessary to ensure the continuing

education of persons licensed under this chapter or to provide

necessary training, as determined by the agency head, to

full-time fully paid law enforcement support personnel in the

agency.

(e) A local law enforcement agency may not use money received

under Subsection (a) to replace funds that are provided to the

agency by the county or municipality having jurisdiction over the

agency on a recurring basis for training law enforcement officers

and support personnel.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 6, eff. September 1, 2009.

Sec. 1701.158. ANNUAL REPORT. (a) The commission shall prepare

annually a complete and detailed written report accounting for

all funds received and disbursed by the commission during the

preceding fiscal year.

(b) The report must meet the reporting requirements applicable

to financial reporting provided by the General Appropriations

Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.159. ACTIVE AND INACTIVE PEACE OFFICERS. (a) The

commission shall establish a list of active licensed peace

officers and a list of inactive licensed peace officers who leave

the employment of a law enforcement agency.

(b) A retired peace officer as defined by Section 1701.3161

continues to hold as an inactive license the license the retired

officer held at the time the retired officer last served as an

elected, appointed, or employed peace officer unless the license

was revoked for cause under Section 1701.501.

not serve as a peace officer unless the person reactivates the

license as provided by Section 1701.316 or 1701.3161.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

878, Sec. 1, eff. June 15, 2007.

Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE

OFFICERS. The commission may commission certified peace officers

as investigators employed by the commission for the limited

purpose of assisting the commission in administering this

chapter.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.501(a), eff.

Sept. 1, 2001.

Sec. 1701.161. PROVISION OF STATE FLAG TO NEXT OF KIN OF

DECEASED PEACE OFFICER. (a) If the next of kin of a deceased

peace officer requests a state flag, the commission shall:

(1) provide a state flag, at no cost to the next of kin, if the

peace officer was:

(A) a current peace officer at the time of the officer's death;

(B) an honorably retired peace officer who voluntarily

terminated employment with a law enforcement agency of this state

or a political subdivision of this state; and

(2) notify the office of the governor of the death of the peace

officer.

(b) The commission may apply for and accept gifts and grants

from public and private entities on behalf of the Texas peace

officer flag account.

the commission under Subsection (b) to the credit of the Texas

peace officer flag account. The Texas peace officer flag account

is a special account in the general revenue fund. Money in the

account may be appropriated only to the commission for the

purpose of implementing this section. Interest earned on money in

the Texas peace officer flag account shall be credited to the

account.

Added by Acts 2001, 77th Leg., ch. 476, Sec. 5, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

744, Sec. 4, eff. September 1, 2005.

Sec. 1701.162. RECORDS AND AUDIT REQUIREMENTS. (a) The

commission is entitled to access records maintained under

Sections 1701.303, 1701.306, and 1701.310 by an agency hiring a

person to be an officer or county jailer, including records that

relate to age, education, physical standards, citizenship,

experience, and other matters relating to competence and

reliability, as evidence of qualification for licensing of an

officer or county jailer.

(b) The commission shall audit the records described by

Subsection (a) of each law enforcement agency at least once every

five years.

framework for the audits conducted by the commission under

Subsection (b) that:

(1) addresses the types of documents subject to audit;

(2) provides a schedule for additional risk-based inspections

based on:

(A) whether there has been a prior violation by the law

enforcement agency;

(B) the inspection history of the agency; and

appropriate;

(3) provides timelines for complying with an audit request or

correcting a violation found during the audit process; and

(4) establishes sanctions for failing to comply with an audit

request or to correct a violation found during the audit process.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.163. INFORMATION PROVIDED BY COMMISSIONING ENTITIES.

(a) This section applies only to an entity authorized by statute

or by the constitution to create a law enforcement agency or

police department and commission, appoint, or employ officers

that first creates a law enforcement agency or police department

and first begins to commission, appoint, or employ officers on or

after September 1, 2009.

(b) The entity shall submit to the commission on creation of the

law enforcement agency or police department information

regarding:

(1) the need for the law enforcement agency or police department

in the community;

(2) the funding sources for the law enforcement agency or police

department;

(3) the physical resources available to officers;

(4) the physical facilities that the law enforcement agency or

police department will operate, including descriptions of the

evidence room, dispatch area, and public area;

(5) law enforcement policies of the law enforcement agency or

police department, including policies on:

(A) use of force;

(B) vehicle pursuit;

(D) domestic abuse protocols;

(E) response to missing persons;

(F) supervision of part-time officers; and

(G) impartial policing;

(6) the administrative structure of the law enforcement agency

or police department;

(7) liability insurance; and

(8) any other information the commission requires by rule.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 7, eff. September 1, 2009.

Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA

SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall

collect and maintain incident-based data submitted to the

commission under Article 2.134, Code of Criminal Procedure,

including incident-based data compiled by a law enforcement

agency from reports received by the law enforcement agency under

Article 2.133 of that code. The commission in consultation with

the Department of Public Safety, the Bill Blackwood Law

Enforcement Management Institute of Texas, the W. W. Caruth, Jr.,

Police Institute at Dallas, and the Texas Police Chiefs

Association shall develop guidelines for submitting in a standard

format the report containing incident-based data as required by

Article 2.134, Code of Criminal Procedure.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 8, eff. September 1, 2009.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 1701.201. PUBLIC INTEREST INFORMATION. (a) The commission

shall prepare information of public interest describing the

regulatory functions of the commission and the procedures by

which public complaints are filed with and resolved by the

commission.

(b) The commission shall make the information available to the

public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.202. COMPLAINTS. (a) The commission by rule shall

establish a comprehensive procedure for each phase of the

commission's jurisdictional complaint enforcement process,

including:

(1) complaint intake;

(2) investigation;

(3) adjudication and relevant hearings;

(4) appeals;

(5) the imposition of sanctions; and

(6) public disclosure.

(b) On request, a license holder may obtain information

regarding a complaint made against the license holder under this

chapter, including a complete copy of the complaint file. On

receipt of a request under this subsection, the commission shall

provide the requested information in a timely manner to allow the

license holder time to respond to the complaint.

regarding the commission's complaint enforcement process

described by this section is available on any publicly accessible

Internet website and in any appropriate printed materials

maintained by the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 9, eff. September 1, 2009.

Sec. 1701.203. RECORDS OF COMPLAINTS. (a) The commission shall

maintain a system to promptly and efficiently act on

jurisdictional complaints filed with the commission. The

commission shall maintain information about parties to the

complaint, the subject matter of the complaint, a summary of

the results of the review or investigation of the complaint, and

its disposition.

(b) The commission shall make information available describing

its procedures for complaint investigation and resolution.

complaint of the status of the complaint until final disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 10, eff. September 1, 2009.

Sec. 1701.2035. TRACKING AND ANALYSIS OF COMPLAINT AND VIOLATION

DATA. (a) The commission shall develop and implement a method

for:

(1) tracking complaints filed with the commission through their

final disposition, including:

(A) the reason for each complaint;

(B) how each complaint was resolved; and

jurisdiction of the commission and how the commission responded

to the complaint; and

(2) tracking and categorizing the sources and types of

complaints filed with the commission and of violations of this

chapter or a rule adopted under this chapter.

(b) The commission shall analyze the complaint and violation

data maintained under Subsection (a) to identify trends and areas

that may require additional regulation or enforcement.

Added by Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 11, eff. September 1, 2009.

Sec. 1701.204. PUBLIC PARTICIPATION. (a) The commission shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the commission and to

speak on any issue under the commission's jurisdiction.

(b) The commission shall prepare and maintain a written plan

that describes how a person who does not speak English may be

provided reasonable access to the commission's programs and

services.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. TRAINING PROGRAMS AND SCHOOLS

Sec. 1701.251. TRAINING PROGRAMS; INSTRUCTORS. (a) The

commission shall establish and maintain training programs for

officers and county jailers. The training shall be conducted by

the commission staff or by other agencies and institutions the

commission considers appropriate.

(b) The commission may authorize reimbursement for a political

subdivision or state agency as authorized by the legislature for

expenses incurred in attending a training program.

(1) issue or revoke the license of a school operated by or for

this state or a political subdivision of this state specifically

for training officers, county jailers, or recruits;

(2) operate schools and conduct preparatory, in-service, basic,

and advanced courses in the schools, as the commission determines

appropriate, for officers, county jailers, and recruits;

(3) issue a license to a person to act as a qualified instructor

under conditions that the commission prescribes; and

(4) consult and cooperate with a municipality, county, special

district, state agency or other governmental agency, or a

university, college, junior college, or other institution,

concerning the development of schools and training programs for

officers and county jailers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.252. PROGRAM AND SCHOOL REQUIREMENTS; ADVISORY BOARD.

(a) Unless a school has created an advisory board for developing

a curriculum, the commission may not issue a license to the

school or approve a training program or course for officers or

county jailers other than a program created by the Bill Blackwood

Law Enforcement Management Institute of Texas.

(b) At least one-third of the members of an advisory board under

Subsection (a) must be public members who meet the qualifications

required of a public member of the commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.253. SCHOOL CURRICULUM. (a) The commission shall

establish minimum curriculum requirements for preparatory and

advanced courses and programs for schools subject to approval

under Section 1701.251(c)(1).

(b) In establishing requirements under this section, the

commission shall require courses and programs to provide training

in:

(1) the investigation and documentation of cases that involve:

(A) child abuse or neglect;

(B) family violence; and

(2) issues concerning sex offender characteristics; and

(3) crime victims' rights under Chapter 56, Code of Criminal

Procedure, and Chapter 57, Family Code, and the duty of law

enforcement agencies to ensure that a victim is afforded those

rights.

commission shall establish a statewide comprehensive education

and training program on civil rights, racial sensitivity, and

cultural diversity for persons licensed under this chapter.

(d) Training in documentation of cases required by Subsection

(b) shall include instruction in:

(1) making a written account of the extent of injuries sustained

by the victim of an alleged offense;

(2) recording by photograph or videotape the area in which an

alleged offense occurred and the victim's injuries; and

(3) recognizing and recording a victim's statement that may be

admissible as evidence in a proceeding concerning the matter

about which the statement was made.

(e) As part of the minimum curriculum requirements relating to

the vehicle and traffic laws of this state, the commission shall

require an education and training program on laws relating to the

operation of motorcycles and to the wearing of protective

headgear by motorcycle operators and passengers. In addition, the

commission shall require education and training on motorcycle

operator profiling awareness and sensitivity training.

(f) Training for officers and recruits in investigation of cases

required by Subsection (b)(1)(B) shall include instruction in

preventing dual arrest whenever possible and conducting a

thorough investigation to determine which person is the

predominant aggressor when allegations of family violence from

two or more opposing persons are received arising from the same

incident.

(g) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on asset forfeiture under Chapter 59, Code

of Criminal Procedure, for officers licensed under this chapter.

An officer shall complete a program established under this

subsection not later than the second anniversary of the date the

officer is licensed under this chapter or the date the officer

applies for an intermediate proficiency certificate, whichever

date is earlier.

(h) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on racial profiling for officers licensed

under this chapter. An officer shall complete a program

established under this subsection not later than the second

anniversary of the date the officer is licensed under this

chapter or the date the officer applies for an intermediate

proficiency certificate, whichever date is earlier.

(i) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program on identity theft under Section 32.51, Penal

Code, for officers licensed under this chapter. An officer shall

complete a program established under this subsection not later

than the second anniversary of the date the officer is licensed

under this chapter or the date the officer applies for an

intermediate proficiency certificate, whichever date is earlier.

(j) As part of the minimum curriculum requirements, the

commission shall require an officer to complete a statewide

education and training program on de-escalation and crisis

intervention techniques to facilitate interaction with persons

with mental impairments. An officer shall complete the program

not later than the second anniversary of the date the officer is

licensed under this chapter or the date the officer applies for

an intermediate proficiency certificate, whichever date is

earlier. An officer may not satisfy the requirements of this

section or Section 1701.402(g) by taking an online course on

de-escalation and crisis intervention techniques to facilitate

interaction with persons with mental impairments.

(k) As part of the minimum curriculum requirements, the

commission shall establish a statewide comprehensive education

and training program for officers licensed under this chapter

that covers the laws of this state and of the United States

pertaining to peace officers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 657, Sec. 4, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 897, Sec. 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 929, Sec. 5, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 947, Sec. 4, eff. Sept. 1, 2001; Acts 2001,

77th Leg., ch. 1034, Sec. 14, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 1276, Sec. 14.007, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 1326, Sec. 8, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

393, Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 12, eff. September 1, 2009.

Sec. 1701.254. RISK ASSESSMENT AND INSPECTIONS. (a) The

commission may visit and inspect a school conducting a training

course for officers, county jailers, or recruits and make

necessary evaluations to determine if the school complies with

this chapter and commission rules.

(b) The commission shall develop a risk assessment method to

determine the relative performance of schools conducting training

courses for officers, county jailers, or recruits. The commission

shall base its schedule for inspection of schools on the results

of the risk assessment.

(1) consider the scores of students enrolled in a school on the

basic peace officer examination;

(2) consider the past inspection records of a school;

(3) consider a self-assessment performed by a school in a

noninspection year; and

(4) include a random element to ensure periodic inspection of

each school.

(d) The commission by rule shall establish a system for placing

a training provider on at-risk probationary status. The rules

must prescribe:

(1) the criteria to be used by the commission in determining

whether to place a training provider on at-risk probationary

status;

(2) a procedure and timeline for imposing corrective conditions

on a training provider placed on at-risk probationary status and

for notifying the provider regarding those conditions; and

(3) a procedure for tracking a training provider's progress

toward compliance with any corrective conditions imposed on the

provider by the commission under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 13, eff. September 1, 2009.

Sec. 1701.255. ENROLLMENT QUALIFICATIONS. (a) The commission

by rule shall establish minimum qualifications for a person to

enroll in a training program under Section 1701.251(a) that

provides instruction in defensive tactics, arrest procedures,

firearms, or use of a motor vehicle for law enforcement purposes.

(b) A person who is disqualified by law to be an officer or

county jailer may not enroll in a training program described by

Subsection (a).

under Section 1701.251(a) unless the person has received:

(1) a high school diploma;

(2) a high school equivalency certificate; or

(3) an honorable discharge from the armed forces of the United

States after at least 24 months of active duty service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1441, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1172, Sec. 14, eff. September 1, 2009.

Sec. 1701.256. INSTRUCTION IN WEAPONS PROFICIENCY REQUIRED. A

peace officer training program under Section 1701.251(a) must

provide instruction in weapons proficiency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.257. FIREARMS TRAINING PROGRAM FOR SUPERVISION

OFFICERS. (a) The commission and the Texas Department of

Criminal Justice by rule shall adopt a memorandum of

understanding that establishes each agency's respective

responsibilities in developing a basic training program in the

use of firearms by community supervision and corrections

department officers and parole officers. The program established

under the memorandum of understanding must provide instruction

in:

(1) legal limitations on the use of firearms and on the powers

and authority of the officers;

(2) range firing and procedure;

(3) firearms safety and maintenance; and

(4) other topics determined by each agency to be necessary for

the responsible use of firearms by the officers.

(b) The commission shall administer the training program and

shall issue a certificate of firearms proficiency to each

community supervision and corrections department officer or

parole officer the commission determines has successfully

completed the program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5, see other Sec. 1701.258.

Sec. 1701.258. FIREARMS TRAINING PROGRAM FOR JUVENILE PROBATION

OFFICERS. (a) The commission and the Texas Juvenile Probation

Commission by rule shall adopt a memorandum of understanding that

establishes a training program in the use of firearms by juvenile

probation officers. The memorandum of understanding must

establish a program that provides instruction in:

(1) legal limitations on the use of firearms and on the powers

and authority of juvenile probation officers;

(2) range firing and procedure, and firearms safety and

maintenance; and

(3) other topics determined by the commission and the Texas

Juvenile Probation Commission to be necessary for the responsible

use of firearms by juvenile probation officers.

(b) The commission shall administer the training program and

shall issue a certificate of firearms proficiency to each

juvenile probation officer the commission determines has

successfully completed the program described by Subsection (a).

for the administration of this section.

(d) This section does not affect the sovereign immunity of the

state, an agency of the state, or a political subdivision of the

state.

Added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5, eff. June 19, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

794, Sec. 5, see other Sec. 1701.258.

Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON TRAFFICKING OF

PERSONS. (a) The commission by rule shall require an officer

first licensed by the commission on or after January 1, 2011, to

complete within a reasonable time after obtaining the license a

one-time basic education and training program on the trafficking

of persons. The program must:

(1) consist of at least four hours of training; and

(2) include a review of the substance of Sections 20A.02 and

43.05, Penal Code.

(b) The commission shall make available to each officer a

voluntary advanced education, instruction, and training program

on the trafficking of persons and compelling prostitution

prohibited under Sections 20A.02 and 43.05, Penal Code.

offering the basic and advanced programs established under this

section. This subsection expires September 1, 2011.

Added by Acts 2009, 81st Leg., R.S., Ch.

1002, Sec. 5, eff. September 1, 2009.

SUBCHAPTER G. LICENSE REQUIREMENTS; DISQUALIFICATIONS AND

EXEMPTIONS

Sec. 1701.301. LICENSE REQUIRED. Except as provided by Sections

1701.310 and 1701.311, a person may not appoint a person to serve

as an officer, county jailer, or public security officer unless

the person appointed holds an appropriate license issued by the

commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.302. CERTAIN ELECTED LAW ENFORCEMENT OFFICERS; LICENSE

REQUIRED. (a) An officer, including a sheriff, elected under

the Texas Constitution or a statute or appointed to fill a

vacancy in an elective office must obtain a license from the

commission not later than the second anniversary of the date the

officer takes office.

(b) The commission shall establish requirements for issuing the

license and for revocation, suspension, or denial of the license.

the license by the required date or does not remain licensed is

incompetent and is subject to removal from office under Section

665.052, Government Code, or another removal statute.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.303. LICENSE APPLICATION; DUTIES OF APPOINTING ENTITY.

(a) A law enforcement agency or governmental entity that hires

a person for whom a license is sought must file an application

with the commission as provided by commission rule.

(b) A person who appoints an officer or county jailer licensed

by the commission shall notify the commission not later than the

30th day after the date of the appointment. If the person

appoints an individual who previously served as an officer or

county jailer and the appointment occurs after the 180th day

after the last date of service as an officer or county jailer,

the person must have on file for the officer or county jailer in

a form readily accessible to the commission:

(1) new criminal history record information;

(2) a new declaration of psychological and emotional health and

lack of drug dependency or illegal drug use; and

(3) two completed fingerprint cards.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.304. EXAMINATION. (a) The commission shall conduct

an examination for each type of license issued by the commission

at least four times each year at times and places designated by

the commission. The commission shall:

(1) prescribe the content of an examination for each type of

license;

(2) include in each examination a written examination that tests

the applicant's knowledge of the appropriate occupation; and

(3) prescribe standards for acceptable performance on each

examination.

(b) The commission by rule shall establish minimum

qualifications for a person to be examined under this section. A

person who is disqualified by law to be an officer or county

jailer may not take an examination under this section.

conduct examinations required by this chapter in the jurisdiction

served by the agency. The commission may conduct the examinations

in the jurisdiction if:

(1) the commission determines that doing so will not place a

significant hardship on the commission's resources; and

(2) the requesting law enforcement agency reimburses the

commission for additional costs incurred in conducting the

examination in the agency's jurisdiction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.305. EXAMINATION RESULTS. (a) The commission shall

notify each examinee of the examination results not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national testing

service, the commission shall notify each examinee of the

examination results not later than the 14th day after the date

the commission receives the results from the testing service.

(b) If notice of the results of an examination graded or

reviewed by a national testing service will be delayed for longer

than 90 days after the examination date, the commission shall

notify each examinee of the reason for the delay before the 90th

day.

examination, the commission shall provide to the person an

analysis of the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION. (a) The

commission may not issue a license to a person as an officer or

county jailer unless the person is examined by:

(1) a licensed psychologist or by a psychiatrist who declares in

writing that the person is in satisfactory psychological and

emotional health to serve as the type of officer for which a

license is sought; and

(2) a licensed physician who declares in writing that the person

does not show any trace of drug dependency or illegal drug use

after a physical examination, blood test, or other medical test.

(b) An agency hiring a person for whom a license as an officer

or county jailer is sought shall select the examining physician

and the examining psychologist or psychiatrist. The agency shall

prepare a report of each declaration required by Subsection (a)

and shall maintain a copy of the report on file in a format

readily accessible to the commission. A declaration is not public

information.

(1) relate to appropriate standards and measures to be used by a

law enforcement agency in reporting the declarations made under

Subsection (a); and

(2) provide for exceptional circumstances in the administration

of the examination of the applicant's psychological and emotional

health, including permitting the examination to be made by a

qualified licensed physician instead of a psychologist or

psychiatrist.

(d) The commission may order an applicant to submit to an

examination described by Subsection (a) by a psychologist,

psychiatrist, or physician appointed by the commission if the

commission:

(1) has cause to believe that a law enforcement agency failed to

follow commission rules relating to an examination; or

(2) discovers that the applicant has submitted a false

declaration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.307. ISSUANCE OF LICENSE. (a) The commission shall

issue an appropriate license to a person who, as required by this

chapter:

(1) submits an application;

(2) completes the required training;

(3) passes the required examination;

(4) is declared to be in satisfactory psychological and

emotional health and free from drug dependency or illegal drug

use; and

(5) demonstrates weapons proficiency.

(b) The commission may issue a permanent license to a person who

meets the requirements of this chapter and the rules prescribed

by the commission to serve as an officer.

a person to serve as a county jailer.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

878, Sec. 2, eff. June 15, 2007.

Sec. 1701.3075. QUALIFIED APPLICANT AWAITING APPOINTMENT. (a)

A person who meets the requirements set forth in Section

1701.307(a) has the same reporting responsibilities toward the

commission under rules adopted by the commission as a license

holder who has already been appointed as a peace officer.

(b) The commission may determine that a person who meets the

requirements under Section 1701.307(a) is ineligible for

appointment as a peace officer based on events that occur after

the person meets the requirements in Section 1701.307(a) but

before the person is appointed.

Added by Acts 2009, 81st Leg., R.S., Ch.

701, Sec. 1, eff. September 1, 2009.

Sec. 1701.308. WEAPONS PROFICIENCY. The commission shall

require a person applying for a peace officer license to

demonstrate weapons proficiency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.309. AGE REQUIREMENT. The commission by rule shall

set 21 years of age as the minimum age for obtaining a license as

an officer. The rules must provide that a person at least 18

years of age may be issued a license as an officer if the person

has:

(1) completed and received credit for at least 60 hours of study

at an accredited college or university or received an associate

degree from an accredited college or university; or

(2) received an honorable discharge from the United States armed

forces after at least two years of service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING REQUIRED.

(a) Except as provided by Subsection (e), a person may not be

appointed as a county jailer, except on a temporary basis, unless

the person has satisfactorily completed a preparatory training

program, as required by the commission, in the operation of a

county jail at a school operated or licensed by the commission.

(b) A county jailer appointed on a temporary basis who does not

satisfactorily complete the preparatory training program before

the first anniversary of the date that the person is appointed

shall be removed from the position. A temporary appointment may

not be renewed, except that not earlier than the first

anniversary of the date that a person is removed under this

subsection, the sheriff may petition the commission for

reinstatement of the person to a temporary appointment.

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Texas Codes and Statutes

CHAPTER 1701. LAW ENFORCEMENT OFFICERS