1. (a) To be eligible to take a state licensing examination, an out of state or federal criminal investigator must comply with all provisions of §219.1 of this title and this section.

2. (b) Prospective out-of-state peace officer and federal criminal investigator applicants for peace officer licensing in Texas must:

   1. (1) meet all statutory licensing requirements of the state of Texas and the rules of the Commission;
   2. (2) successfully complete a supplementary peace officer training course, the curriculum of which is developed by the Commission, and
   3. (3) successfully pass the Texas Peace Officer Licensing Examination.

3. (c) Requirements (Peace Officers): applicants who are peace officers from other U.S. states must meet the following requirements:

   1. (1) demonstrate a successful completion of a state POST-approved (or state licensing authority) basic police officer training academy (with equivalent course topics and hours of training at the time of initial certification or licensure);
   2. (2) be currently licensed or certified as a peace officer by a state POST (or state licensing authority),
   3. (3) the applicant's license or certificate must never have been, nor currently be in the process of being, surrendered, suspended, or revoked; and
   4. (4) have honorably served (employed, benefits eligible) as a sworn peace officer for twelve consecutive months, following initial basic training, with an agency in the state where the license or certificate was issued.
4. (d) Requirements (Federal): The Texas Code of Criminal Procedures Section 2.122 recognizes certain named criminal investigators of the United States as having the authority to enforce selected state laws by virtue of their authority. These individuals are deemed to have the equivalent training for licensure consideration.

5. (e) Qualifying Federal Officers must:

   1. (1) have successfully completed an approved federal agency law enforcement training course (equivalent course topics and hours) at the time of initial certification or appointment;
   2. (2) have honorably served (employed, benefits eligible) in one of the aforementioned federal capacities for twelve consecutive months, following initial basic training; and
   3. (3) be subject to continued employment or eligible for re-hire (excluding retirement).

6. (f) Procedures for requesting an endorsement to take state licensing examination:

   1. (1) complete the Commission application for endorsement and have it properly notarized;
   2. (2) attach a certified check or money order for the currently required fee (non-refundable); and
   3. (3) submit the application and fee with all required documents to the Commission by U.S. mail, by courier, or in person.

7. (g) Required documents to accompany the application for endorsement:

   1. (1) a certified or notarized copy of the basic training certificate for a peace officer, a certified or notarized copy of a federal agent's license or credentials, or a certified or notarized copy of the peace officer license or certificate issued by the state POST;
   2. (2) a notarized statement from the state POST, current employing agency or federal employing agency revealing any disciplinary action(s) that may have been taken against any license or certificate issued by that agency or any pending action;
   3. (3) a notarized statement from the applicant's employing agency confirming time in service as a peace officer or federal office or agent;
   4. (4) a certified or notarized copy of the applicant's valid state-issued driver's license;
   5. (5) a certified copy of the applicant's military discharge (DD-214) (if applicable);
   6. (6) a passport-sized color photograph (frontal, shoulders and face), signed with the applicant's full signature on the back of the photograph; and
   7. (7) an attached certified check or money order in the amount listed in the agency fee schedule.
8. (h) The Commission may request that applicants submit a copy of the basic and advanced training curricula for equivalency evaluation and final approval.
9. (i) All out-of-state or federal applicants will be subject to a search of the National Decertification Database (NDD), NCIC/TCIC, and National Criminal History Databases to establish eligibility.
10. (j) All documents must bear original certification seals or stamps.
11. (k) The effective date of this section is March 1, 2007.

Source Note:The provisions of this §219.2 adopted to be effective January 7, 2007, 32 TexReg 102.