(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) obtain the person's written consent for the agency to view the person's employment records;
(2) obtain a copy of the Personal Status Report (PSR) maintained by the commission;
(3) obtain a completed, signed, and notarized Personal History Statement (PHS);
(4) obtain a Computerized Criminal History (CCH) from TCIC and NCIC;
(5) obtain proof of eligibility after separation from the military, if applicable;
(6) conduct and document a background investigation;
(7) for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment;
(8) 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; and
(9) in addition to the requirements listed in this section:
(10) For current licensees, submit a Statement of Appointment (L1 Form) within 7 days of the appointment.
(b) When a person licensed by the commission separates from an agency, the agency shall, within 7 business days:
(1) submit a Separation report (Form F5) to the commission; and
(2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code section 1701.452.
(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 section 1701.451.
(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.
(e) The effective date of this section is February 1, 2020.
Source Note: The provisions of this §217.7 adopted to be effective April 6, 2017, 42 TexReg 1777; amended to be effective May 1, 2018, 43 TexReg 1879; amended to be effective February 5, 2020, 45 TexReg 768