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TCOLE moves forward with HB 33 rule changes: PIO requirements, active-shooter reporting and equipment mandates
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Summary
Commissioners voted to publish for public comment multiple rule amendments to implement HB 33, including PIO assignments and certification, active-shooter reporting timelines, and minimum equipment requirements for schools; staff will refine definitions with ALERT and working groups.
The Texas Commission on Law Enforcement opened a multi-item rules discussion driven by House Bill 33 (the Uvalde Strong Act), covering public information officer (PIO) assignments, active-shooter policy specifics, mandated breaching tools and ballistic shields for campus response, and related continuing-education obligations.
Assistant general counsel and staff presented proposed changes to rule 2.11.16 to require certain agencies—including municipal police departments, sheriff's offices, constable offices, school-district police departments and the Department of Public Safety—to assign a certified PIO and to obtain that certificate within a year of assignment. The rule language clarifies communications-equipment obligations (either a radio or a cell phone where statute requires) and embeds the statutory requirement that school campuses maintain at least one breaching tool and one ballistic shield.
Staff stressed the rule is a first reading; if adopted for publication the proposed language will be posted to the Texas Register for public comment and returned to the commission for final adoption. Commissioners pressed staff on training for breaching tools and shields—asking whether access should include required competency training— and staff said ALERT and the agency's training unit could develop a corresponding curriculum and that they can designate training hours in future training units.
Active-shooter reporting: A separate proposed amendment to rule 2.11.29 would require chief administrators to submit preliminary active-shooter evaluation reports to TCOLE within 45 days and final reports within 90 days. Commissioners asked how to define which responding agencies must file. Staff said ALERT will help identify primary-jurisdiction agencies and the working group will define peripheral vs. primary responses; TCOLE intends to be a single point of receipt and forward reports to DPS and ALERT as statutorily required.
Other HB 33-driven steps: The commission also considered a new PIO certificate rule (for issuance, renewal and continuing education aligned to TDEM requirements) and amendments requiring supervisors to complete advanced incident response command training on a regular cycle.
Votes: The commission voted to publish the amended rule 2.11.16 for public comment (first reading) and also voted to publish the active-shooter reporting amendment and other associated HB 33 changes for notice and comment.
Why it matters: These rule changes implement legislative mandates that affect police departments, school districts and other entities with statutory PIO or active-shooter responsibilities. Staff emphasized the need for clear definitions and planned working-group follow-up to reduce ambiguity in who must report and what training is required.
Next steps: Staff will refine definitions with ALERT and working groups, incorporate public comment after publication to the Texas Register, and return revised language for second and final readings as required by the Administrative Procedure Act.
