§ 1701.402 — PROFICIENCY CERTIFICATES.

Texas § 1701.402

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1701.402. PROFICIENCY CERTIFICATES. (a) The commission shall issue certificates that recognize proficiency based on law enforcement training, education, and experience. For this purpose the commission shall use the employment records of the employing agency.
(b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers, telecommunicators, and county jailers, including:
(1) civil service;
(2) compensation, including overtime compensation, and vacation time;
(3) personnel files and other employee records;
(4) management-employee relations in law enforcement organizations;
(5) work-related injuries;
(6) complaints and investigations of employee misconduct; and
(7) disciplinary actions and the appeal of disciplinary actions.
(c) An employing agency is responsible for providing the training required by this section.
(d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on asset forfeiture established by the commission under Section 1701.253 (g).
(e) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253 (h).
(f) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on identity theft established by the commission under Section 1701.253 (i).
(g) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program described by Section 1701.253 regarding de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments.
(h) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on investigative topics established by the commission under Section 1701.253 (b).
(i) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on civil rights, racial sensitivity, and cultural diversity established by the commission under Section 1701.253 (c).
(j) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2011, an officer must complete the basic education and training program on the trafficking of persons described by Section 1701.258 (a).
(k) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2015, an officer must complete an education and training program on missing and exploited children. The commission by rule shall establish the program. The program must:
(1) consist of at least four hours of training;
(2) include instruction on reporting an attempted child abduction to the missing children and missing persons information clearinghouse under Chapter 63 , Code of Criminal Procedure;
(3) include instruction on responding to and investigating situations in which the Internet is used to commit crimes against children; and
(4) include a review of the substance of Chapters 20 and 43 , Penal Code.
(l) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2016, an officer must complete the canine encounter training program established by the commission under Section 1701.261 .
(m) As a requirement for an intermediate or advanced proficiency certificate issued by the commission on or after January 1, 2016, an officer must complete an education and training program on the Texas Crime Information Center's child safety check alert list established by the commission under Section 1701.266 .
(n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253 (n).
(o) The commission shall adopt rules to allow an officer who has served in the military to receive credit toward meeting any training hours required for an intermediate, advanced, or master proficiency certificate based on that military service.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 929, Sec. 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14.008, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1326, Sec. 9, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 393 (S.B. 1473 ), Sec. 4, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009 ), Sec. 6, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389 ), Sec. 17, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303 ), Sec. 27.001(48), eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823 ), Sec. 9, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 571 (S.B. 742 ), Sec. 9, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 31 (H.B. 593 ), Sec. 3, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053 ), Sec. 8, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 24.002(12), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849 ), Sec. 4.05, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 222 (H.B. 971 ), Sec. 1, eff. September 1, 2019.