§221.25. Civil Process Proficiency
The Texas Commission on Law Enforcement (Commission) proposes an amendment to §221.25, concerning Civil Process Proficiency. Subsection (a)(1) adds the requirement of full time experience in a constable or sheriff’s office and changes the requirement fromserving civil process to working with civil process. Subsection (d) reflects the effective date.
This amendment is necessary to include clerks in a constable or sheriff’s office that work with civil process to enhance their proficiency and professionalism.
John Beauchamp, Legal Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.
John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by providing the clerks in a constable and sheriff’s office the opportunity to enhance their professionalism.
John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.
Comments on the proposal may be submitted electronically to or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority and §1701.402, Proficiency Certificates.
The rule amendment as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authorityand §1701.402, Proficiency Certificates.
No other code, article, or statute is affected by this proposal.
rule
§221.25. Civil Process Proficiency.
(a)To qualify, an applicant for a civil process proficiency certificate must meet all proficiency requirements including:
(1)at least three years full-timeexperience in a constable or sheriff’s office working with[serving]civil process;
(2)successful completion of 40 hours of civil process training, with at least 20 hours completed in the current training cycle; and
(3)pass the approved examination for civil process proficiency.
(b)A certificate will become invalid at the end of a training cycle unless the holder successfully completes a 20 hour course of training in civil process during the training cycle.
(c)If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.
(d)The effective date of this section is September 1, 2016[January 17, 2013].
§225.1. Issuance of Jailer License through a Contract Jail Facility
The Texas Commission on Law Enforcement (Commission) proposes an amendment to §225.1, concerning Issuance of Jailer License through a Contract Jail Facility. Subsection (e) removes obsolete rule cross-referencing. Rule 217.11 was incorporated into rule 218.3. Subsection (f) reflects the effective date.
This amendment is necessary to reflect the correct rule cross-referencing.
John Beauchamp, Legal Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.
John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by providing the public with the correct rule cross-referencing.
John Beauchamp, General Counsel,has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.
Comments on the proposal may be submitted electronically to or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.
The rule amendment as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.
No other code, article, or statute is affected by this proposal.
rule
§225.1. Issuance of Jailer License through a Contract Jail Facility.
(a)The commission shall issue a jailer license to an individual appointed by a contract jail facility who meets all the minimum standards for jailer licensure, and submits both the current commission application and any required fees.
(b)A contract jail facility that appoints an individual who already holds a valid, active jailer license shall meet the appointment requirements of §217.7 of this title (relating to Reporting the Appointment and Termination of a Licensee), including submitting any required fee.
(c)A contract jail facility that appoints an individual with a 180-day break in service shall meet the appointment requirements of §217.7 of this title, including submitting any required fee.
(d)The commission shall issue a temporary jailer license to an individual appointed by a contract jail facility who meets all the minimum standards for licensure except for training and testing, and submits both the current commission application and any required fees. A temporary jailer license expires 12 months from the appointment date.
(e)Individuals licensed as jailers appointed by a contract jail facility shall meet the continuing education requirements in Chapter 218 of this title. [§217.11 of this title (relating to Legislatively Required Continuing Education for Licensees).]
(f)The effective date of this section is September 1, 2016.[July 15, 2010.]
§225.3. Issuance of Peace Officer License through a Medical Corporation
The Texas Commission on Law Enforcement (Commission) proposes an amendment to §225.3, concerning Issuance of Peace Officer License through a Medical Corporation. Subsection (d) removes obsolete rule cross-referencing. Rule 217.11 was incorporated into rule 218.3. Subsection (e) reflects the effective date.
This amendment is necessary to reflect the correct rule cross-referencing.
John Beauchamp, Legal Counsel, has determined that for each year of the first five years the amendment as proposed will be in effect, there will be little or no effect on state or local governments as a result of administering this amendment.
John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be a positive benefit to the public by providing the public with the correct rule cross-referencing.
John Beauchamp, General Counsel, has determined that for each year of the first five years the section as proposed will be in effect, there will be no anticipated cost to small business, individuals, or both as a result of the proposed section.
Comments on the proposal may be submitted electronically to or in writing to Mr. Kim Vickers, Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amendment is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.
The rule amendment as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority.
No other code, article, or statute is affected by this proposal.
rule
§225.3. Issuance of Peace Officer License through a Medical Corporation.
(a)The commission shall issue a peace officer license to an individual appointed by a medical corporation who meets all the minimum standards for peace officer licensure, and submits both the current commission application and any required fees.
(b)A medical corporation that appoints an individual who already holds a valid, active peace officer license shall meet the appointment requirements of §217.7 (relating to Reporting the Appointment and Termination of a Licensee), including submitting any required fee.
(c)A medical corporation that appoints an individual with a 180-day break in service shall meet the appointment requirements of §217.7 of this title, including submitting any required fee.
(d)Individuals licensed as peace officers appointed by a medical corporation shall meet the continuing education requirements in Chapter 218 of this title.[§217.11 of this title (relating to Legislatively Required Continuing Education for Licensees).]
(e)The effective date of this section is September 1, 2016.[July 15, 2010.]