1. (a) Under Government Code §411.048, a criminal justice agency must, upon determining that an individual has made a serious threat against a peace officer or detention officer, immediately enter an electronic report of the determination into TAPO in the form and manner provided by this subchapter.

   1. (1) This section comprises the department rules concerning the form and manner for these reports.
   2. (2) The form and manner may contain discretionary or mandatory provisions. Mandatory provisions describe the minimum information available to any agency making a proper TAPO query. Discretionary provisions describe additional information that may be stored by the department and available in a TAPO response.
2. (b) An agency must, without regard to ultimate charge or case clearance, enter an electronic record into TAPO.
3. (c) An agency must enter the electronic record following the manner required by TCIC policy and procedure.

4. (d) The department will remove an electronic TAPO record if:

   1. (1) the department receives an appropriate court order;
   2. (2) the department determines that the TAPO record is misleading, inaccurate, or otherwise no longer relevant; or

   3. (3) the submitting agency fails or refuses to:

      1. (A) provide adequate documentation of any material information supporting the record; or
      2. (B) validate the supporting information within the five year review period.
5. (e) The department will not accept submission of an electronic TAPO record for an individual if the record is based solely on the individual's membership in a group.
6. (f) An agency should take reasonable steps to notify the intended target of the threat.

Source Note:The provisions of this §5.34 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.