TCOLE adopts multiple rule changes, approves a Class A waiver and accepts disciplinary orders

The Texas Commission on Law Enforcement on March 12 approved a package of rule changes, granted a Class A misdemeanor waiver to a prospective officer, and accepted multiple enforcement actions against licensees.

The commission approved final adoptions, first readings and proposals across a number of rule areas and also accepted a set of default and agreed orders from the agency’s enforcement staff. The meeting included a roll-call vote to grant a Class A waiver and multiple voice votes on rule adoptions and disciplinary matters.

The most visible individual outcome was the approval of a request for a Class A waiver for Richard Shows, who sought eligibility to enroll despite an earlier conviction. The commission voted by roll call: Sergio Saenz, Connor Harvey, Michael Griffiths, Justin West, Jason Hester and Kim Lamel voted yes; Commissioners Janet Atkins and Patricia Burris voted nay. The motion passed and the waiver was granted.

Nut graf: The meeting combined multiple procedural and policy actions — final rule adoptions that implement provisions from the recent sunset legislation, procedural changes to reporting requirements for agencies and training providers, and numerous licensing discipline decisions. Several administrative rules were adopted as final; one proposed rule (fingerprint requirement) was returned for re-proposal with clarified language.

Key votes and administrative actions at a glance:

- Class A waiver — Richard Shows (Giddings Police Department application): Motion passed by roll call (7 yes, 2 no). Outcome: waiver granted; waiver limited to the appointing chief/agency (nontransferable).

- Final adoptions approved (voice votes): - Amend rule 211.16 (patrol vehicle requirement) — final adoption approved. Outcome: agencies existing before 06/01/2024 may use personally owned patrol vehicles under the amended rule. - New rule 211.41 (procurement protest procedures) — final adoption approved. - Amendments to 219.2 (reciprocity for federal officers) — final adoption approved. - Amendments to rules 211.27, 211.28 and 211.29 (agency reporting of arrests/charges/dispositions) — final adoption approved; related changes also finalized to 215.9 and 211.29 regarding reporting failures of medical and psychological exams.

- First-reading / posting for public comment (approved to publish): - Amend rule 211.3 (require completed agency background investigation and applicant personal history statement be included with class A/B waiver requests) — approved for posting to Texas Register (first reading). - Amend rule 215.9 (require training coordinators to report enrollment and separation for basic licensing courses) — approved for first reading/posting. - Re-proposal of rule 217.7 (fingerprints for all appointments): commissioners approved staff’s clarified language and directed reposting for public comment; staff said the updated language will make explicit that a person must be fingerprinted and that the search be performed on the newly submitted fingerprints.

- Enforcement and discipline (motions accepted): - Default suspensions (group motion accepted): nine licensees were suspended by default for convictions or community supervision involving misdemeanors; staff recommended 10-year suspensions in those cases and the commission accepted the staff recommendations. - Default revocations (group motion accepted): four licensees whose records showed disqualifying conduct (including family-violence-related offenses) were revoked by default. - Default cancellations (group motion accepted): three applicants’ pending licenses were canceled for felony-equivalent or other disqualifying convictions. - Agreed suspensions and cancellations: several agreed waiver orders were accepted (respondents signed settlements agreeing to suspensions or cancellations); staff read the specific names and recommended the agreed outcomes. - Administrative penalties (agreed): the commission accepted agreed administrative-penalty waivers with counties/agencies for recordkeeping deficiencies (examples read into the record included Liberty County and Crystal City agencies; the amounts were those negotiated in the agreements). - Proposal for decision from SOAH: The commission accepted a proposal for decision that recommended cancellation of Jordan Boggs’s license; the commission adopted the SOAH recommendation.

Discussion vs. decision: Commissioners asked procedural and policy questions during the votes — for example, several commissioners stressed the nontransferable nature of chief-administered waivers, and staff explained that certain rule changes (fingerprints) required re-proposal because the staff’s clarified language constitutes a substantive change.

Ending: Commission staff will post the proposed rules for public comment where required, implement the final-adopted changes and proceed with follow-up actions on enforcement matters. The Commission adjourned following executive-session items.

Votes provenance

- topicintro: "If you would make your way up front, please. I'd like to hear from the agency head first..." (transcript timestamp ~7395.45) — start of the waiver discussion and related votes. - topicfinish: "We have a motion and we have a second. All those in favor, say aye. Aye. Any opposed, same sign. Motion passes and we are adjourned." (transcript timestamp ~12909.23) — final votes and adjournment.