Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009 Page: 323
299-392 p. ; 28 cm.View a full description of this periodical.
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(d) The effective date of this section is May 1, 2009 [October
, 2008].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on December 31,
2008.
TRD-200806730
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and
Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713
CHAPTER 217. LICENSING REQUIREMENTS
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes the repeal of and new
Title 37, Texas Administrative Code, 217.7 concerning Report-
ing the Appointment and Termination of a Licensee. The section
proposed for repeal addresses the requirements for appointing
and terminating a licensee. The proposed repeal of and new rule
would clarify the requirements for appointment and termination
of a licensee. These requirements include: initial license appli-
cation, preemployment, and termination reporting.
Through the proposed new 217.7, the commission is reflecting
changes made by House Bill 2445 of the 80th Texas Legislature.
The proposal would repeal the current requirements from rule
and specify the reporting requirements of an agency receiving
a preemployment request and the termination reporting require-
ments.
Current 217.7, relating to Reporting the Appointment and Ter-
mination of a Licensee, proposed for repeal describes the report-
ing requirements for preemployment and termination of the 79th
Texas Legislature.
Proposed new 217.7, relating to Reporting the Appointment
and Termination of a Licensee, would clarify the preemployment
requirements, agency responsibilities, and break in service re-
quirements.
The Commission has determined that for each year of the first
five years the repeal and new section are in effect, there will be
no effect on state or local governments as a result of administer-
ing the proposed repeal and new section.
The Commission has determined that for each year of the first
five years the repeal and new section are in effect, there will
be a positive benefit to the public with a clearer understanding
by the law enforcement community as to the requirements for
appointment and termination of a licensee.
The Commission has determined that for each year of the first
five years the repeal and new section are in effect, there will be
no anticipated cost to small business, individuals, or both.
Comments may be submitted electronically to public.com-
ment@tcleose.state.tx.us or in writing to Mr. Timothy A. Braaten,
Executive Director, Texas Commission on Law Enforcement
Officer Standards and Education, 6330 U.S. 290 East, Austin,
TX 78723.37 TAC 217.7
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of
the Texas Commission on Law Enforcement Officer Standards and Ed-
ucation or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Occupations Code,
1701.151 which authorizes the Commission to adopt rules for
the administration of Chapter 1701.
The proposed repeal implements House Bill 2445, 80th Texas
Legislature, Regular Session, 2007.
217.7. Reporting the Appointment and Termination of a Licensee.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on December 31,
2008.
TRD-200806755
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and
Education
Earliest possible date of adoption: February 15, 2009
For further information, please call: (512) 936-7713
37 TAC 217.7
The new section is proposed under Texas Occupations Code,
1701.151 which authorizes the Commission to adopt rules for
the administration of Chapter 1701.
The proposed new section implements Texas Occupations
Code, 1701.451 and 1701.452.
217.7. Reporting the Appointment and Termination of a Licensee.
(a) Before a law enforcement agency may hire a person li-
censed under Chapter 1701, Occupations Code, the agency head or the
agency head's designee must, on the agency's letterhead with the ap-
propriate signature:
(1) make a written request to the commission for any em-
ployment termination report regarding the person that is maintained by
the commission under this chapter; and
(2) submit to the commission on the form prescribed by the
commission confirmation that the agency:
(A) conducted in the manner prescribed by the commis-
sion a criminal background check regarding the person;
(B) obtained the person's written consent on a form pre-
scribed by the commission for the agency to view the person's employ-
ment records;
(C) obtained from the commission any service or edu-
cation records regarding the person maintained by the commission; and
(D) contacted each of the person's previous law en-
forcement employers.
(b) A law enforcement agency that obtains a consent form de-
scribed by subsection (a)(2)(B) of this section shall make the person's
employment records available to a hiring law enforcement agency on
request.PROPOSED RULES January 16, 2009 34 TexReg 323
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Texas. Secretary of State. Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009, periodical, January 16, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90835/m1/24/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.