TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 7. TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION

Chapter 221. PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES

37 TAC §221.19

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes an amendment to Title 37, Texas Administrative Code, §221.19, concerning firearms instructor proficiency. Subsection (a)(3) is amended by expanding the section to include other firearms instructor courses that meet or exceed the minimum standards established by the Commission. Subsection (b) is amended to reflect the effective date for these changes.

The Commission is required by §1701.302(b) of the Occupations Code to establish requirements for issuing licenses and for revocation, suspension, or denial of licenses.

The Commission has determined that for each year of the first five years the amendment as proposed will be in effect, there will not be fiscal implications to state or local governments as a result of administering the amended section because the actions described are consistent with procedures currently in place at the Commission.

The Commission has determined that for the each year of the first five years the amendment as proposed will be in effect, there will be no anticipated economic cost to large, small, or micro businesses as a result of the proposed amendment.

The Commission has determined that for each year of the first five years the amendment as proposed will be in effect, there will be a positive benefit to the public by allowing individuals with comparable training that meets or exceeds the minimum standards established by the Commission, to receive this proficiency certificate.

The Commission has determined that for each year of the first five year the amendment as proposed will be in effect there will be no anticipated economic cost to individuals as a result of the proposed amendment.

Comments may be submitted in writing to Dr. D.C. Jim Dozier, Executive Director, Commission on Law Enforcement, 6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723.

The amendment is proposed under Texas Occupations Code, Chapter 1701, §1701.151, General Powers which authorized the Commission to promulgate rules for administration of this chapter. The amendment as proposed is in compliance with Texas Occupations Code §1701.402, Proficiency Certificates.

No other articles, statutes, or codes are affected by this proposal.

§221.19.Firearms Instructor Proficiency.

(a) To qualify for a firearms instructor proficiency certificate, an applicant must meet all proficiency requirements including:

(1) at least three years' experience as a licensee or a firearms instructor;

(2) current [ currently holds an ] instructor license or certificate issued by the commission; and

(3) successful completion of the commission's firearms instructor course , or a comparable firearms instructor course that meets or exceeds the minimum standards established and approved by the commission .

(b) The effective date of this section is January 1, 2005 [ June 1, 2004 ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 10, 2004.

TRD-200403815

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Earliest possible date of adoption: July 25, 2004

For further information, please call: (512) 936-7700