1. (a) A state or any political subdivision of the state may make application to provide law enforcement, corrections, telecommunications, and/or other law enforcement related training. The entity must be based on at least one of the following sponsoring organizations:

   1. (1) a law enforcement agency with a minimum of 75 full-time paid peace officers, county jailers, and/or telecommunicators under current appointment;
   2. (2) an institution recognized by the Texas Higher Education Coordinating Board (THECB); or
   3. (3) a regional planning commission or councils of governments' (COG) board. The commission will issue only one academy license within each regional planning commission or councils of governments' area at any one time.

2. (b) As part of the electronic application process, the following documents shall be submitted:

   1. (1) the proposed formal name of the academy, which must not misrepresent the status of the academy or be confusing to law enforcement or to the public;
   2. (2) a proposed course schedule to show that training will be conducted on a continuing basis;
   3. (3) a schedule of tuition and fees that will be charged, if any;
   4. (4) documentation of compliance with the electronic reporting requirements of §1701.1523 of the Texas Occupations Code;
   5. (5) documentation that an advisory board has already been appointed as required by §215.7 of this chapter and §1701.252 of the Texas Occupations Code;
   6. (6) advisory board minutes that show the advisory board has complied with the requirements of §215.7 of this chapter;
   7. (7) the name and PID of the proposed training coordinator;
   8. (8) documentation that the training coordinator is in compliance with the responsibilities required by law, or rule, to include but not limited to §215.9 of this chapter;
   9. (9) the physical location and a description of the proposed training facility and any satellite sites;
   10. (10) documentation of any contract an academy may have as cosponsor with law enforcement agencies and other entities to conduct continuing education classes or basic county corrections training; and
   11. (11) at the request of the executive director the applicant must forward for approval resumes for each board member.

3. (c) A training needs assessment must be completed and submitted for commission approval and shall include:

   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) the number and types of courses that will be offered; and
   3. (3) proof of notification by e-mail to all licensed academies within the regional planning commission or councils of governments' area of their intent to apply for an academy license and what specific training needs the applicant intends to meet.

4. (d) Upon approval of the application the proposed academy must pass an inspection of its facilities and instructional materials. The inspection shall be conducted by commission staff or by a team of academy coordinators as appointed by the executive director. An academy must have and maintain:

   1. (1) qualified instructors and staff to conduct successful training;
   2. (2) instructional resources to conduct successful training, to include, but not limited to, convenient access to a law enforcement reference library or sufficient number of computers for student and staff use;
   3. (3) access to current and appropriate teaching tools and electronic equipment, including video players, projection equipment, computer hardware, software, and the Internet;
   4. (4) a proprietary interest in or a written contract providing for a firing range suitable for the course of fire required in the current basic peace officer course, with safety rules clearly posted, secure storage and first aid equipment while on the premises; and
   5. (5) a proprietary interest in or a written contract providing for at least one facility to conduct police driving training, to include at least one law enforcement automobile for training.
5. (e) The chief administrator of the sponsoring organization and the proposed training coordinator must appear before the commissioners to respond to questions prior to action being taken on the application.

6. (f) Once an academy license is issued, the chief administrator of the sponsoring organization, or the training coordinator, must report in writing to the commission within 30 days:

   1. (1) any change in the chief administrator or training coordinator;
   2. (2) any failure to meet commission rules and standards by the academy, training coordinator, instructors, or advisory board;
   3. (3) when non-compliance with federal or state requirements is discovered; or
   4. (4) any change in academy name, physical location, mailing address, electronic mail address, or telephone number.

7. (g) The commission will award training credit for any course conducted by a licensed academy as provided by commission rules unless the:

   1. (1) course is not conducted as required by commission rules;
   2. (2) training is not related to a commission license;
   3. (3) advisory board, the academy, the training coordinator, the course coordinator, or the instructor failed to discharge any responsibility required by commission rule;
   4. (4) credit was claimed by deceitful means; or
   5. (5) distance education courses of a proprietary nature, equivalency, or the distance education portion of a basic licensing course was not submitted and approved under commission distance education guidelines.

8. (h) The commission may suspend an academy license, or the executive director or his designee may issue a written reprimand to the sponsoring organization, if the:

   1. (1) academy or the sponsoring organization fails to comply with commission rules or any law; or
   2. (2) academy has been classified as at risk under §215.13 of this chapter.
9. (i) The commission may cancel an academy license if it was issued in error or based on false or incorrect information.

10. (j) The commission may revoke an academy license if the:

    1. (1) academy has been classified as at risk under §215.13 of this chapter for a 12-month period without complying with commission rules;
    2. (2) training coordinator intentionally or knowingly submits a falsified document or a false written statement or representation to the commission; or
    3. (3) academy has not met the needs of the communities and/or agencies that it serves.
11. (k) An academy may surrender its license at any time or for any reason. To surrender the license, the chief administrator of the sponsoring organization must send written notice, accompanied by the license, to the executive director. The surrender is effective immediately upon receipt by the executive director.
12. (l) The effective date of this section is January 1, 2012.

Source Note:The provisions of this §215.3 adopted to be effective July 6, 2009, 34 TexReg 4341; amended to be effective October 28, 2010, 35 TexReg 9110; amended to be effective January 1, 2012, 36 TexReg 8979.