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TCOLE adopts multiple rule changes, posts others for public comment and re-posting
Summary
The Texas Commission on Law Enforcement finalized several rule amendments tied to sunset implementation, adopted a new procurement-protest rule and approved re-proposal of fingerprinting language for public comment.
The Texas Commission on Law Enforcement on its March agenda adopted a package of rule changes that implement portions of the agency’s sunset legislation, finalized a new procurement protest rule and directed staff to re-propose revised language for fingerprinting requirements.
Commissioners voted to finally adopt amendments that adjust reporting responsibilities and agency minimum standards introduced in last year’s sunset bill. Final adoptions included changes to reporting sections (TCOL rules 211.27, 211.28 and 211.29) that revise how arrest, charge and disposition information is reported to the commission and the removal of some previously required notifications for individuals. Commissioners also finally adopted an amendment to rule 211.16 clarifying patrol vehicle requirements and permitting personally owned patrol vehicles for agencies in existence prior to June 1, 2024.
The commission adopted new rule 211.41, creating a formal process for protests and records for agency procurement actions. Counsel said the new rule aligns the agency’s procurement protest process with Texas Government Code sections and existing administrative code sections governing procurement protests.
On fingerprinting, staff asked the commission to re-propose amended language for rule 217.7 so the rule clearly requires an applicant “have been fingerprinted and subjected to a search of local, state and U.S. national fingerprint files” based on a current set of prints at each appointment. Counsel said the revised language is a substantive change and must be published again to the Texas Register for comment; the commission voted to repost that language.
Separately, commissioners approved final adoption of an amendment to reciprocity rules (TCOL rule 219.2) to allow the executive director to identify additional federal investigators whose training and work experience warrant licensing consideration.
Staff said there was limited public comment on the regulatory packages; two public comments were addressed in the record related to how failed medical/psychological exam reporting and the training-coordinator reporting requirement should be structured. Staff recommended no changes based on the comments and commissioners voted to proceed.
