1. (a) The commission may issue an academy license to an academy that is operated by or for the state or any political subdivision of the state for the specific purpose of providing law enforcement and/or corrections training. In order for a license to be issued, a comprehensive training needs assessment must be submitted to the commission justifying the need for an additional academy in the regional planning commission or council of governments area in which the proposed academy will be located. The needs assessment must include as a minimum:

   1. (1) a description of whom the academy will serve, including the identity of each law enforcement agency the academy expects to serve, the number of officers the academy expects to train annually from each agency, and the basis for the academy's expectations;
   2. (2) a schedule of tuition and fees, if any, that will be charged;
   3. (3) a description of existing law enforcement training programs in the proposed service area and evidence justifying the need for an additional academy;
   4. (4) the number and types of courses that will be offered;
   5. (5) what specific training need(s) are not currently being provided by licensed academies in the regional planning commission or council of governments area; and
   6. (6) proof of notification by certified mail to all licensed academies within the regional planning commission or council of governments area of their intent to apply for academy license and what specific training needs are not currently being met within the region.

2. (b) If the commission determines that the training needs assessment justifies an additional academy in the area, and before an academy license may be issued, the proposed academy must pass an inspection of its facilities and instructional materials and must submit for commission approval:

   1. (1) a completed, written application on a commission form that is signed by the chief administrator or head of the organization exercising administrative control over the academy;
   2. (2) a resolution of support from the governing body of the sponsoring organization;
   3. (3) the formal name of the academy, which must not misrepresent the status of the academy or be confusing to law enforcement or to the public;
   4. (4) a proposed startup and operational budget and a proposed course schedule to show that training will be conducted on a continuing basis;
   5. (5) evidence that an advisory board has already been appointed as provided by the Government Code, §415.031, including a resume for each board member;
   6. (6) any advisory board minutes necessary to show the decisions which have been made by that board in all areas required by the commission;
   7. (7) the name, social security number and resume of the proposed academy coordinator and any academy staff instructors, and a list of instructors who are scheduled to teach the submitted proposed course schedule;

   8. (8) evidence that the academy will be, based on the characteristics of the sponsoring organization, at least one of the following:

      1. (A) an agency academy, conducted by a law enforcement agency that has at least 50 full-time paid peace officers and/or county jailers under current appointment;
      2. (B) a college academy, conducted by an institution coordinated by the Texas Higher Education Coordinating Board; or

      3. (C) a regional academy, conducted or sponsored by a regional planning commission or council of governments (COG) board:

         1. (i) The commission will issue only one regional academy license within each regional planning commission or council of governments area at any one time.
         2. (ii) To be or remain a regional academy, that particular academy must substantially meet the training needs of all current or prospective license holders who reside in that region;
   9. (9) certification that the academy meets the requirements of the Americans with Disabilities Act (ADA), to which its entity is subject, and as those requirements apply to the academy's function (including course materials, course presentation, and facilities). The certification will represent that the academy will maintain this compliance during the term of the license; and
   10. (10) the physical location and a description of the proposed training facility.

3. (c) The pre-licensing inspection of the academy's facilities and instructional material shall be conducted by commission staff. To pass a pre-licensing inspection, an academy must have and maintain:

   1. (1) a dedicated classroom that is sufficiently air-conditioned and heated, well lit, free of noise and other unreasonable distractions, and of sufficient size for the number of students to be served;
   2. (2) instructors and adequate instructional resources to conduct effective training;
   3. (3) adequate and convenient restrooms, breakroom, and parking area;
   4. (4) adequate and convenient law enforcement reference library for student and staff use;
   5. (5) a proprietary interest in, or a contractual or written agreement providing for an all-weather accessible firing range suitable for the course of fire required in the basic peace officer course with safety rules clearly posted, adequate restrooms, secure storage and first aid equipment while on the premises; and
   6. (6) at least one driving range designated for criminal justice training. The driving range must include a paved area at least 300 feet by 600 feet in size surrounded by an unobstructed runoff area, and be situated off public roadways. The range must be secured by barriers from through traffic while training is being conducted on the range. Warning signs posted at all vehicle access points to the driving range must clearly identify the area as a law enforcement training driving range and restrict access to criminal justice trainees, criminal justice instructors, and personnel authorized by the academy coordinator. Each driving range must be equipped with at least 100 orange or yellow traffic cones of a minimum height of 12 inches, two fire extinguishers rated at 10BC or its equivalent and an emergency first aid kit. Each academy must have at least one automobile available for criminal justice driving training.
4. (d) The chief administrator or head of the organization exercising administrative control of the proposed academy and the proposed academy coordinator must appear before the commissioners to respond to any questions prior to any action being taken on the application.

5. (e) Once an academy license is issued, the chief administrator of the academy or the sponsoring agency must report in writing to the commission within ten days:

   1. (1) any change in academy coordinator;
   2. (2) any substantial failure to meet the inspection standards;
   3. (3) any rule violation by it or by its academy coordinator, instructors, or advisory board;
   4. (4) when non-compliance with ADA requirements is discovered; or
   5. (5) any change in academy name, physical location, mailing address or telephone number.
6. (f) The commissioners may cancel an academy license if it was issued in error or based on false or incorrect information.

7. (g) The commissioners may suspend an academy license, or the executive director or his designee may issue a written reprimand to the sponsoring agency, if:

   1. (1) the academy or the sponsoring agency fails to comply with a commission rule or law; or
   2. (2) the academy receives a rating of "below expectations" or "unacceptable" on any one of the four components in the academy evaluation process. If the academy receives such a rating, the chief administrator of the academy or the sponsoring agency must report to the commission in writing within 30 days what steps have been taken to correct deficiencies and on what date they expect to be in compliance.

8. (h) The commissioners may revoke an academy license if:

   1. (1) the academy has received two or more suspensions and/or reprimands within a 12-month period;
   2. (2) its academy coordinator intentionally or knowingly submits a falsified document or a false written statement or representation to the commission; or
   3. (3) it has received a rating of "below expectations" or "unacceptable" on the same component in the academy evaluation process on two successive evaluations.
9. (i) An academy may voluntarily surrender its license at any time for any reason. To voluntarily surrender its license, an academy's chief administrator must send written notice, accompanied by the license, to the executive director. The license is surrendered effective immediately upon receipt by the executive director.
10. (j) The effective date of this section is September 1, 1997.

Source Note:The provisions of this §215.10 adopted to be effective September 1, 1997, 22 TexReg 6321.