Section 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, 2020.37 Tex. Admin. Code § 217.7
The provisions of this §217.7 adopted to be effective May 1, 2009, 34 TexReg 2153; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective July 15, 2010, 35 TexReg 5580; amended to be effective July 14, 2011, 36 TexReg 3933; amended to be effective January 1, 2012, 36 TexReg 8990; amended to be effective July 12, 2012, 37 TexReg 4603; amended to be effective February 1, 2014, 38 TexReg 9612; Adopted by Texas Register, Volume 42, Number 13, March 31, 2017, TexReg 1777, eff. 4/6/2017; Amended by Texas Register, Volume 43, Number 12, March 23, 2018, TexReg 1879, eff. 5/1/2018; Amended by Texas Register, Volume 45, Number 05, January 31, 2020, TexReg 768, eff. 2/5/2020