1. (a) An agency appointing a person who does not hold a commission license must file an application for the appropriate license with the commission. The application must be approved with a license issuance date before the person is appointed or commissioned. The application must be completed, signed, and filed with the commission by the agency's chief administrator or designee.
2. (b) An application for a license must be submitted on the application form currently prescribed by the commission, and must have attached to it two commission applicant fingerprint cards.

3. (c) An agency that files an application for licensing must keep on file and in a format readily accessible to the commission a copy of the documentation necessary to show each officer, jailer, or armed public security officer appointed by that agency met the minimum standards for licensing, including specifically:

   1. (1) a criminal history by name, race, sex and date of birth from both TCIC and NCIC;

   2. (2) two completed applicant fingerprint cards, or, pending receipt of such cards, an original sworn, notarized statement by the applicant:

      1. (A) of his or her complete criminal history; or
      2. (B) that he or she has never been arrested, charged, convicted, or placed on probation for a criminal offense. Such affidavit may be maintained by the agency while awaiting the return of completed applicant fingerprint card. The affidavit may be completed only once, and shall be valid for a maximum of 180 days from the date it is signed;
   3. (3) a certified document from the appropriate authority showing final disposition of each arrest, probation, community supervision, conviction, or any other criminal history that may exist;
   4. (4) an original and current declaration signed by a physician that the applicant is both physically sound and shows no trace of drug dependency or illegal drug use;
   5. (5) an original and current declaration signed by an appropriate professional that the applicant is in satisfactory psychological and emotional health to be the type of officer for which the license is sought;
   6. (6) a military discharge or other documentation showing the character of service, if the applicant was ever in the military;
   7. (7) a copy of a valid high school diploma, GED, college transcript, or other documentation necessary to show the applicant meets the education standard for that license; and
   8. (8) any other documentation required by the commission for that license.
4. (d) An agency must retain records kept under subsection (c) of 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.
5. (e) An agency which submits an application for an individual must report to the commission any failure to appoint that individual in the reported capacity within 30 days of the reported date of appointment. Such report must be made on a currently prescribed commission form that reports termination.
6. (f) The effective date of this section is April 15, 1996.

Source Note:The provisions of this §221.3 adopted to be effective April 15, 1996, 21 TexReg 2553.