1. (a) The commission shall issue a peace officer, conditional reserve, jailer, armed public security officer, or instructor license to an individual who:

   1. (1) has completed the minimum training required for the license sought;
   2. (2) has received within the past two years a passing score on any examination required for the license sought; and
   3. (3) has been submitted for licensing to the commission by a law enforcement or other appointing agency on a signed, completed application for the license sought.
2. (b) The commission shall issue a peace officer or jailer license to any person who is otherwise qualified for that license, even if that person is not subject to the licensing law or rules by virtue of election or appointment to office under the Texas Constitution.

3. (c) The commission shall issue a temporary jailer license to an individual who meets all the minimum standards for licensing for that license except for the training, testing, or education requirements. Except as provided by law, any temporary license:

   1. (1) expires 12 months from the original licensing date; and
   2. (2) may not be reissued.

4. (d) The commission may issue a temporary jailer license to an agency for an individual to be appointed by that agency as a jailer if that individual:

   1. (1) meets all the minimum standards for licensing as a jailer except for training, testing, age and education;
   2. (2) is at least 17 years of age;
   3. (3) is currently enrolled in or has successfully completed an approved pre-law enforcement/criminal justice program in high school;
   4. (4) is in good standing academically and eligible to graduate from high school at the end of the current academic year; and
   5. (5) is approved by the executive director under this section or is the subject of a favorable order signed by the commissioners.

5. (e) The commission shall issue a provisional license to an agency for a person to be appointed by that agency as a peace officer or as a reserve if that person:

   1. (1) meets all the minimum standards for licensing as a peace officer or reserve except for training and testing; and
   2. (2) is approved by the executive director under this section or is the subject of a favorable order signed by the commissioners.
6. (f) A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor by the agency to another applicant.
7. (g) An agency desiring to appoint a person pursuant to the issuance of a provisional license must, before appointment, request in writing for the executive director to approve such issuance. The request shall be attached to a completed license application, should state the reasons that the agency desires a provisional license, and must be signed and dated by the chief administrator.
8. (h) A provisional license expires 12 months from the original licensing date, and may be reissued upon submission of a written request from the chief administrator.
9. (i) The effective date of this section is September 1, 1997.

Source Note:The provisions of this §217.5 adopted to be effective September 1, 1997, 22 TexReg 6322.