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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 7TEXAS COMMISSION ON LAW ENFORCEMENT
CHAPTER 211ADMINISTRATION
RULE §211.16Establishment of an Appointing Entity

(a) On or after September 1, 2009, an entity authorized by statute or by the constitution to create a law enforcement agency or police department and commission, appoint, or employ peace officers that first creates a law enforcement agency or police department and first begins to commission, appoint, or employ peace officers shall make application to the commission.

(b) On creation of the law enforcement agency or police department, and as part of the application process, the entity shall submit to the commission the current agency number, application form, any associated application fee, and information regarding:

  (1) the need for the law enforcement agency or police department in the community;

  (2) the funding sources for the law enforcement agency or police department;

  (3) the physical resources available to officers;

  (4) the physical facilities that the law enforcement agency or police department will operate, including descriptions of the evidence room, dispatch area, and public area;

  (5) law enforcement policies of the law enforcement agency or police department, including policies on:

    (A) use of force;

    (B) vehicle pursuit;

    (C) professional conduct of officers;

    (D) domestic abuse protocols;

    (E) response to missing persons;

    (F) supervision of part-time officers;

    (G) impartial policing; and

    (H) fitness for duty.

  (6) the administrative structure of the law enforcement agency or police department;

  (7) liability insurance; and

  (8) any other information the commission requires by rule.

(c) An entity authorized by Local Government Code, §511.0092 to operate a correctional facility to house inmates, in this state, convicted of offenses committed against the laws of another state of the United States, and appoint jailers requiring licensure by the commission, may make application for an agency number by submitting the current agency number application form, any associated application fee, and a certified copy of the contract under which the facility will operate.

(d) A political subdivision wanting to establish a consolidated emergency telecommunications center and appoint telecommunicators, as required by Texas Occupations Code, §1701.405, may make application for an agency number by submitting the current agency number application form, any associated application fee and a certified copy of the consolidation contract.

(e) The Texas Department of Criminal Justice - Pardon and Parole Division, a community supervision and corrections department, or a juvenile probation department may make application for an agency number if seeking firearms training certificates for parole officers, community supervision and corrections officers, or juvenile probation officers by submitting the current agency number application form and any associated application fee.

(f) The effective date of this section is January 1, 2012.


Source Note: The provisions of this §211.16 adopted to be January 14, 2010, 34 TexReg 9475; amended to be effective January 1, 2012, 36 TexReg 8976

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