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

   1. (1) This section comprises the DPS rules concerning the form and manner for these reports.
   2. (2) The form and manner may contain discretionary or mandatory provisions as described in the Texas User Specifications. Mandatory provisions describe the minimum information available to any agency making a proper TAPO query. Discretionary provisions describe additional intelligence information that may be stored by the department and available through a direct contact with DPS Special Crimes personnel.
2. (b) Form. An agency must, without regard to ultimate charge or case clearance, enter an electronic record into TAPO following the form required by the Texas User Specifications.
3. (c) Manner. An agency must enter the electronic record following the manner required by the Texas User Specifications.

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

   1. (1) DPS receives an appropriate court order;
   2. (2) DPS 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 described in the Texas User Specifications.
5. (e) Group membership. 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) Target notification. 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.