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Commission rejects waiver for Waller lieutenant with a decades‑old family‑violence deferred adjudication
Summary
After public testimony, the Texas Commission on Law Enforcement voted down a requested waiver for Thomas Santillano, a Waller Police lieutenant whose 2001 family‑violence deferred adjudication was raised in a parallel cancellation proceeding at SOAH; the vote failed after roll call and the cancellation process will proceed.
The Texas Commission on Law Enforcement on Dec.11 denied a requested class‑A misdemeanor waiver for a Waller Police Department lieutenant whose 2001 family‑violence deferred adjudication formed the basis of a pending cancellation case at the State Office of Administrative Hearings (SOAH).
The waiver matter was abated at SOAH pending the commission’s decision. Waller Police Chief Michael Lopez and CLEAT counsel Benjamin Casey spoke in support of the applicant, Thomas Santillano; Chief Lopez described the officer’s long service to the department and said: "I placed my my life as my faith, my family, my job, and I put it in that order." Casey, representing the officer, told commissioners the applicant had disclosed the historical matter in personal history statements and did not attempt to conceal it: "I just wanna make sure that that's clear to everyone." The officer also addressed the commission in person.
Staff and commissioners examined the record and raised three recurring concerns: (1) the underlying family‑violence offense is a statutory disqualifier for licensure absent a waiver; (2) some application materials differed across agency and DPS forms, generating questions about inconsistent disclosures; and (3) multiple agencies and background checks should have detected the record earlier, raising concern about systemic failures in vetting.
A motion to grant the waiver produced a tied vote on the first roll call, after which commissioners discussed the matter further. On a subsequent roll call the motion failed and the waiver was denied; staff said the cancellation proceeding at SOAH will resume and return to the commission as a proposal for decision if the waiver remains denied.
Why it matters: The decision underscores TCOLE’s strict application of disqualifying criminal history in licensing decisions and highlights tensions between rehabilitation or workforce needs and protecting victims and public confidence. Commissioners repeatedly framed the issue as balancing rehabilitation against the duty to victims and to maintain licensing standards that courts, prosecutors and defense counsel rely on.
Provenance: Topic introduced SEG 3051; public testimony SEG 3153–3220; motions and roll call SEG 3671–4011.
