37 Tex. Admin. Code § 217.7 - Reporting Appointment and Separation of a Licensee
(a) Before a law enforcement agency may
appoint a person licensed or seeking a license as a peace officer, county
jailer, or telecommunicator the agency head or designee must:
(1) obtain the person's written consent for
the agency to view the person's employment records;
(2) obtain a copy of the Personal Status
Report (PSR) maintained by the commission;
(3) obtain a completed, signed, and notarized
Personal History Statement (PHS);
(4) obtain a Computerized Criminal History
(CCH) from TCIC and NCIC;
(5)
obtain proof of eligibility after separation from the military, if
applicable;
(6) conduct and
document a background investigation;
(7) for peace officers, obtain proof of
weapons qualification within the 12 months preceding appointment;
(8) for current licensees, electronically
request and obtain the F-5 Return (F5R) from the commission, contact each of
the person's previous law enforcement employers, and document the contact on
the F5 return; and
(9) in addition
to the requirements listed in this section:
(A) For a licensee with more than 180 days
since their last appointment:
(i) obtain a new
declaration of psychological and emotional health (L3 Form);
(ii) obtain a new declaration of the lack of
any drug dependency or illegal drug use (L2 Form); and
(iii) obtain new proof that the licensee has
been fingerprinted and subjected to a search of local, state and U.S. national
records and fingerprint files to disclose any criminal record.
(B) For a person's initial
appointment:
(i) obtain proof of meeting
educational requirements;
(ii)
obtain proof of meeting U.S. citizenship requirements;
(iii) obtain new proof that the person has
been fingerprinted and subjected to a search of local, state and U.S. national
records and fingerprint files to disclose any criminal record;
(iv) obtain a new declaration of
psychological and emotional health (L3 Form), if more than 180 days from the
graduation of the basic licensing course;
(v) obtain a new declaration of medical
eligibility and lack of any drug dependency or illegal drug use (L2 Form), if
more than 180 days from the graduation of the basic licensing course;
and
(vi) submit an appointment
application (L1 Form) and receive an approval of the application before the
person discharges any duties related to the license sought.
(10) For current
licensees, submit a Statement of Appointment (L1 Form) within 7 days of the
appointment.
(b) When a
person licensed by the commission separates from an agency, the agency shall,
within 7 business days:
(1) submit a
Separation report (Form F5) to the commission; and
(2) provide a copy to the licensee in a
manner prescribed by Texas Occupations Code section
1701.452.
(c) A law enforcement agency that
is given a signed consent form shall make the person's employment records
available to a hiring law enforcement agency as authorized by Texas Occupations
Code section 1701.451.
(d) An
agency must retain records kept under this section while the person is
appointed and for a minimum of five years after the licensee's separation date
with that agency. The records must be maintained under the control of the
agency head or designee in a format readily accessible to the
commission.
(e) The effective date
of this section is February 1, 2020.
Notes
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