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Peace officer licensing and conduct standards

Summary of the topic

Chapter 1701 of the Occupations Code creates the Texas Commission on Law Enforcement and the license every peace officer must hold. The commission's rules in Title 37, Part 7 of the Administrative Code supply many of the numbers. Under section 1701.301, a person may not be appointed as an officer unless the person holds the license. Section 1701.307 requires an application, the required training, a passed examination, a declaration of satisfactory psychological and emotional health and freedom from drug dependency, and demonstrated weapons proficiency. Section 1701.309 sets the minimum age at 21, or 18 with 60 hours of college credit, an associate degree or an honorable discharge after at least two years of military service.

The examination is held at least four times a year under section 1701.304. Rule 219.1 gives an eligible examinee three attempts within 180 days of completing the licensing course, and rule 219.7 sets the minimum passing percentage at 70. Section 1701.312 disqualifies a person convicted of a felony, and a conviction here means an adjudication of guilt, even if the sentence is later probated, the charge is dismissed or the person is pardoned, unless the pardon is expressly for subsequent proof of innocence.

Once licensed, an officer must complete at least 40 hours of continuing education every 24 months under section 1701.351, and at least 16 of those hours must be active shooter response training under section 1701.3525. Section 1701.355 requires each agency to designate a firearms proficiency officer and to require each officer to demonstrate weapons proficiency at least annually. Before appointing a license holder, the hiring agency must follow section 1701.451, which includes obtaining the person's written consent and reviewing the listed records from previous employers.

Under section 1701.452, the agency head must submit the separation report on the commission's form, known as the F-5, not later than the seventh business day after the license holder separates and has exhausted any available administrative appeals, and must give the license holder a copy within the same period. Section 1701.4522 provides that a misconduct investigation may not be ended by the officer's resignation, and requires a summary report to the commission within 30 days of separation.

Section 1701.501 allows the commission to revoke or suspend a license, place a suspended license holder on probation, or reprimand for a violation of the chapter or a commission rule. Under section 1701.502, the commission must immediately revoke the license of a person convicted of a felony and immediately suspend the license of a person charged with a felony who is placed on community supervision, including deferred adjudication. Rules 223.15 and 223.19 set the suspension periods and the grounds for mandatory revocation.

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