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TCOLE approves several class A waivers, suspensions and revocations in McAllen meeting
Summary
Commissioners granted class A waivers for two applicants, approved an internal audit plan and voted through a block of default suspensions, revocations and agreed suspensions and administrative penalties.
At its McAllen session, the Texas Commission on Law Enforcement approved multiple personnel and disciplinary actions, including class A waivers for applicants presented by county sheriffs and a slate of enforcement orders and agreed waivers.
Waivers: Fort Bend County Sheriff Eric Fagan and applicant Everett J. Gary asked the commission to grant a class A waiver for a 1977 theft that was a class A misdemeanor at the time; Gary detailed a long federal and local law‑enforcement career and the commission approved the waiver for the hiring agency only. Taylor County Sheriff Ricky Bishop presented a jailer‑license waiver for Lawrence Dorsey (1988 prohibited‑weapon offense) and commissioners approved that waiver; staff reminded commissioners the waivers are not portable and are specific to the appointing agency.
Audits and rules: Commissioners approved an internal audit charter and FY2025 internal audit plan proposed by Weaver & Tidwell that will focus on enforcement and credentialing design evaluations. The board also approved posting several rule amendments to the Texas Register for public comment, including proposed changes to patrol-vehicle insurance language, reporting of arrests/dispositions (to align with RAPBACK capabilities), reciprocity for federal officers, and procurement protest procedures.
Discipline: The commission approved default suspension orders for multiple licensees (most for DWI-related offenses and theft), granted default revocations where respondents did not answer petitions, and accepted several negotiated (agreed) suspensions with specified durations (including 10-year suspensions and probated suspensions). Commissioners also accepted two agreed administrative penalties (e.g., Hudspeth County Sheriff’s Office assessed $1,000 for an improper appointment). Staff reported 108 reprimands issued for failure to report an arrest in the recent period.
Procedural matters: Commissioners tabled approval of the August 7–8 minutes to allow staff to correct sections that several commissioners said did not reflect earlier votes and requested staff return corrected minutes at a future meeting.
Next steps: Staff will process the technical paperwork for the waivers, publish proposed rule changes for public comment, and Weaver will begin design evaluations of enforcement and credentialing processes.
