1. (a) Department responsibility. The department assumes responsibility for 28 CFR compliance with respect to security and file maintenance of the TAPO.

2. (b) Agency responsibility. Under Government Code, §411.048(i), an agency entering an electronic TAPO record must comply with the Texas User Specifications with respect to the information held by the agency to support the electronic record.

   1. (1) Compliance with the Texas User Specifications and this subchapter is substantial compliance with 28 CFR.
   2. (2) While the department may assist the agency in its efforts to comply with 28 CFR, the submitting agency assumes responsibility for 28 CFR compliance for the supporting information.

3. (c) Criminal predicate. No agency may submit an electronic TAPO record without proper criminal predicate directly related to the threat information supporting the electronic record.

   1. (1) Criminal predicate is shown for an electronic record when articulable information exists to establish sufficient facts to give a peace officer, investigator, or other trained criminal justice employee reasonable suspicion to believe that a particular individual has made a serious threat against an officer.
   2. (2) The individual need not have been arrested for the threat being investigated or any other crime, as predicate for submitting information to TAPO.
4. (d) Erroneous record. If information is disseminated from a TAPO record and later determined to be materially erroneous or incorrect, the submitting agency must notify each previous recipient of the error or correction in the record. The department may assist the submitting agency in determining the identity of each recipient of the erroneous or incorrect record.
5. (e) Secondary database. No agency may use data received solely based on a TAPO query to populate another searchable database.

6. (f) Miscellaneous requirements. An agency shall comply with the following requirements of the Texas User Specifications:

   1. (1) submission and collection;
   2. (2) secure storage;
   3. (3) inquiry and search capability;
   4. (4) controlled dissemination; and
   5. (5) purge and review process.

Source Note:The provisions of this §5.33 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036.