1. (a) Before a law enforcement agency may appoint a person licensed or seeking a license as a peace officer, county jailer, or telecommunicator the agency head or designee must:

   1. (1) obtain the person's written consent for the agency to view the person's employment records;
   2. (2) obtain a copy of the Person's Service Record (PSR) maintained by the commission;
   3. (3) obtain a completed, signed, and notarized Personal History Statement (PHS);
   4. (4) obtain a Computerized Criminal History (CCH) from TCIC and NCIC;
   5. (5) conduct and document a background investigation;
   6. (6) for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment;
   7. (7) for current licensees, electronically request and obtain the F-5 Return (F5R) from the commission, contact each of the person's previous law enforcement employers, and document the contact on the F5 return;

   8. (8) for a person's initial appointment, or for a licensee with more than 180 days since their last appointment or graduation from a basic licensing course:

      1. (A) obtain a new declaration of psychological and emotional health (L3 Form);
      2. (B) obtain a new declaration of the lack of any drug dependency or illegal drug use (L2 Form); and
      3. (C) obtain a new declaration of a medical evaluation for peace officers and jailers.
   9. (9) For a person's initial appointment, submit an application for license (L1 Form) and receive an approval of the application before the person discharges any duties related to the license sought; and
   10. (10) for current licensees, submit a Statement of Appointment (L1 Form) within 7 days of the appointment.

2. (b) When a person licensed by the commission separates from an agency, the agency shall, within 7 days or after any local employment appeals are exhausted:

   1. (1) submit a Separation report (Form F5) to the commission;
   2. (2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code §1701.452.
3. (c) A law enforcement agency that is given a signed consent form shall make the person's employment records available to a hiring law enforcement agency as authorized by Texas Occupations Code §1701.451.
4. (d) An agency must retain records kept under this section while the person is appointed and for a minimum of five years after the licensee's separation date with that agency. The records must be maintained under the control of the agency head or designee in a format readily accessible to the commission.
5. (e) The effective date of this section is May 1, 2017.

Source Note:The provisions of this §217.7 adopted to be effective April 6, 2017, 42 TexReg 1777.