1. (a) Before a law enforcement agency may hire a person licensed under Chapter 1701, Texas Occupations Code, the agency head or the agency head's designee must:

   1. (1) make a request to the commission for any employment termination report(s) regarding the person maintained by the commission under this chapter; and

   2. (2) submit to the commission in a manner prescribed by the commission confirmation that the agency:

      1. (A) conducted in the manner prescribed by the commission a criminal background check regarding the person;
      2. (B) obtained the person's written consent on a form prescribed by the commission for the agency to view the person's employment records;
      3. (C) obtained from the commission any service or education records regarding the person maintained by the commission; and
      4. (D) contacted each of the person's previous law enforcement employers.
2. (b) A request submitted electronically under this section must contain identifying information, acceptable to the commission, for verification.
3. (c) A law enforcement agency that obtains a consent form described by subsection (a)(2)(B) of this section shall make the person's employment records available to a hiring law enforcement agency on request.
4. (d) An agency that appoints an individual who already holds a valid, active license appropriate to that position must notify the commission of such appointment not later than 30 days after the date of appointment. The appointing agency must have on file documentation that a peace officer licensee is compliant with weapons qualification according to §217.21 of this chapter within the last 12 months.

5. (e) If the appointment is made after a 180-day break in service, the agency must have the following on file and readily accessible to the commission:

   1. (1) a new criminal history check by name, sex, race and date of birth from both TCIC and NCIC;
   2. (2) a new declaration of psychological and emotional health;
   3. (3) a new declaration of lack of any drug dependency or illegal drug use; and
   4. (4) one completed applicant fingerprint card or, pending receipt of such card, an original sworn, notarized affidavit by the applicant of their complete criminal history; such affidavit to be maintained by the agency while awaiting the return of completed applicant fingerprint card; and
   5. (5) for peace officers, weapons qualification according to §217.21 of this chapter within the last 12 months.
6. (f) When an individual licensed by the commission or a telecommunicator separates from appointment or employment with an agency, the agency shall submit a report to the commission in the currently prescribed commission format that reports the separation. The report shall be submitted within 7 business days following the date of separation. If a licensee has filed a timely grievance or appeal within the personnel policies of the agency, the agency shall not be required to file the report until all administrative remedies have been exhausted. The agency shall provide the individual who is the subject of the report a copy of the report within 7 business days after the date of separation.
7. (g) An agency must retain records kept under this section for a minimum of five years after the licensee's termination date with that agency. The records must be maintained in a format readily accessible to the commission.
8. (h) A report or statement of separation submitted under section (f) is exempt from disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless the individual resigned or was terminated due to substantiated incidents of excessive force or violations of the law other than traffic offenses, and is subject to subpoena only in a judicial proceeding.
9. (i) The effective date of this section is July 14, 2011.

Source Note:The provisions of this §217.7 adopted to be effective May 1, 2009, 34 TexReg 2153; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective July 15, 2010, 35 TexReg 5580; amended to be effective July 14, 2011, 36 TexReg 3933.