Model Policy Resource Links
The policy resources listed below are for informational and research purposes only. TCOLE does not specifically endorse any of the policies or policy providers listed below:
Texas Police Chiefs Association: https://www.texaspolicechiefs.org/upages.php?id=68
Texas Association of Counties: https://www.county.org/resources/resource-library/rms/law-enforcement-model-policy-program
Lexipol: https://www.lexipol.com/solutions/policies-and-updates/
Medical & Psychological Examination of a Licensee
Each law enforcement agency is required to adopt this model policy, or one that is substantively similar, by September 1, 2024. All policies are to be submitted to your Field Service Agent.
| Resource | Get File | Description |
|---|---|---|
| MPEL Model Policy | Medical and Psychological Examination of a Licensee Model Policy | |
| FFDE Process Flow Chart | Visual process flow chart for Fitness-for-Duty Examinations for an appointed licensee | |
| FFDE Process Worksheet | Agency worksheet for the Fitness-for-Duty Examination process | |
| L-2 and L-3 Process Flow Chart | Visual process flow chart for L-2 and L-3 examinations for applicant for potential enrollment or appointment | |
| L-2 Form | Licensee Medical Condition Declaration form for applicant for potential enrollment or appointment | |
| L-3 Form | Licensee Psychological and Emotional Health Declaration form for applicant for potential enrollment or appointment | |
| FFDE Form | Fitness-for-Duty Examination form for an appointed licensee | |
| Failed Drug Screen Form | Form for drug screen failed by an appointed licensee |
Generic Job Descriptions
| Resource | Get File | Description |
|---|---|---|
| Texas Peace Officer Job Description (Generic) | Generic job descriptions or duties and responsibilities for training providers, agencies, or TCOLE to provide to examining practitioners for an L-2 or L-3 examination | |
| Texas County Jailer Job Description (Generic) | ||
| Texas Telecommunicator Job Description (Generic) | ||
| Texas School Marshal Duties and Responsibilities (Generic) |
Hiring Procedures
Each law enforcement agency is required to adopt this model policy, or one that is substantively similar, by June 1, 2025. All policies are to be submitted to your Field Service Agent.
| Resource | Get File | Description |
|---|---|---|
| HP Model Policy | Hiring Procedures Model Policy | |
| Authority to Release Information | Release of information form to be executed by applicant for potential appointment | |
| PHS | TCOLE Personal History Statement template for training providers and agencies to use for applicant for potential enrollment or appointment | |
| BCF | Background Confirmation Form for agencies to conduct background investigation on applicant for potential appointment |
Misconduct Allegations
Each law enforcement agency is required to adopt this model policy, or one that is substantively similar, by June 1, 2025. All policies are to be submitted to your Field Service Agent.
| Resource | Get File | Description |
|---|---|---|
| MCA Model Policy | Misconduct Allegations Model Policy | |
| Administrative Misconduct Flow Chart | Visual process flow chart for allegations of administrative misconduct by a licensee | |
| Criminal Misconduct Flow Chart | Visual process flow chart for allegations of criminal misconduct by a licensee | |
| MIR | Misconduct Investigation Report |
Personnel Files
Each law enforcement agency is required to adopt this model policy, or one that is substantively similar, by June 1, 2025. All policies are to be submitted to your Field Service Agent.
| Resource | Get File | Description |
|---|---|---|
| PF Model Policy | Personnel Files Model Policy | |
| Personnel File or Department File | Visual graphic explaining the personnel file and department file |
Frequently Asked Questions
Texas Occupations Code §§ 1701.167(b), 1701.4522(c), and 1701.4535(b) require each law enforcement agency in this state to adopt the model policies, or ones that are substantively similar, as developed by the advisory committees and approved by the Commission. The policies are to be submitted to, and copies retained by, TCOLE.
Some frequently asked questions regarding the model policies and new processes related to failed L-2s and L-3s are answered below.
General Questions
Can my agency copy and paste the version we got from TAC, Lexipol, or TPCA?
If those policies have been updated to include the requirements under the model policy adopted by the Commission, they may be submitted. TCOLE Field Service Agents and Legal staff will be reviewing the content of the policies.
Will you consider rewording your sample to what’s being suggested by our city or county attorney?
The language in the model policies was developed by an advisory committee dedicated to this purpose and approved by the TCOLE Commissioners. If you have a question about whether the change would allow the policy to be substantively similar to the model policy, please contact your Field Service Agent or TCOLE legal staff.
If I’m a one-person operation, do I still need to submit model policies?
Yes. Under the statute, each law enforcement agency in this state shall adopt the model policies or substantively similar policies.
Medical & Psychological Examination of a Licensee Questions
What are an academy's reporting obligations when an applicant for a basic licensing course fails the L-2 or L-3 exam?
The training coordinator must report the failure by submitting the failed L-2 or L-3 to TCOLE within 30 days as indicated on the form. Please see 37 Texas Administrative Code § 215.9 and refer to the Technical Assistance Bulletin on this topic for further guidance.
What are a law enforcement agency's reporting obligations when an applicant for appointment fails the L-2 or L-3 exam?
The chief administrator must report the failure by submitting the failed L-2 or L-3 to TCOLE within 30 days as indicated on the form. Please see 37 Texas Administrative Code § 211.29.
What if a licensee refuses to submit to a requested fitness-for-duty examination within the deadline set by the agency?
Starting September 1, 2024, a law enforcement agency will report the refusal to TCOLE using the Fitness-for-Duty Examination (FFDE) form. The agency must submit the FFDE form to TCOLE within 30 days after the licensee's deadline to submit to the exam. A licensee that separates after receiving notice of a request to submit to a fitness-for-duty examination is considered to have refused and the agency must submit the FFDE form to TCOLE within 30 days.
When and how will a law enforcement agency report a final failure of a fitness-for-duty examination by a licensee?
Starting September 1, 2024, if a fitness-for-duty examination is requested and a licensee is finally determined to have failed that exam, a law enforcement agency will submit a report of the final failure to TCOLE using the Fitness-for-Duty Examination (FFDE) form. The agency must submit the FFDE form to TCOLE within 30 days of the final determination that the licensee is unable to perform all essential job functions or poses a direct threat to themself or others.
When does a licensee's failure of a fitness-for-duty examination become final?
A fitness-for-duty examination of a licensee who is found to be unable to perform all essential job functions or to pose a direct threat to themself or others becomes final if: (1) the practitioner does not recommend an applicable treatment program and no further examination is requested; (2) the practitioner recommends an applicable treatment program but the licensee fails or refuses to complete it and no further examination is requested; (3) the licensee separates after a failed examination that has not been remedied; or (4) all appeals or further examinations or determinations have been exhausted and the failure has not been remedied.
How will the Medical and Psychological Examination of a Licensee policy affect the Chaplain and Peer Support programs?
This policy does not affect the relationship between a chaplain, counselor, or peer support program.
Misconduct Allegations Questions
What is an allegation of misconduct?
Please see the definitions for "Allegation of Misconduct" and "Misconduct" contained in the Misconduct Allegations Model Policy.
When is a law enforcement agency required to investigate an allegation of misconduct?
A law enforcement agencies is required to investigate allegations of misconduct that may result in the suspension, demotion, or termination of a licensee at the time the agency becomes aware of the alleged misconduct.
What if the licensee separates from our agency while the misconduct investigation is pending?
An investigation of alleged misconduct by a licensee must be completed regardless of whether the licensee separates for any reason (resignation, retirement, termination, death, etc.).
How long does an agency have to completed an administrative investigation of alleged misconduct?
Generally, administrative investigations of alleged misconduct should be completed within 180 days or within 30 days of the licensee's separation, whichever occurs first.
When and how will a law enforcement agency report completed administrative investigations of alleged misconduct?
Starting June 1, 2025, a law enforcement agency will submit a report of a completed administrative investigation of alleged misconduct to TCOLE using the Misconduct Investigation Report (MIR) form. The agency must submit the MIR to TCOLE in a timely manner, but no later than 30 days after the licensee separates from the agency.
When and how will a law enforcement agency report completed criminal investigations of alleged misconduct?
Starting June 1, 2025, if criminal charges are filed, a law enforcement agency will submit a report of a completed criminal investigation of alleged misconduct to TCOLE using the Criminal Charges Notification (E-1) form. The agency must submit the E-1 to TCOLE within 30 days after the investigation is completed.
What if the allegation of misconduct is not sustained?
For administrative investigations, a law enforcement agency is required to submit the Misconduct Investigation Report (MIR), whether the alleged misconduct is sustained or not sustained.
For criminal investigations, a law enforcement agency is not required to submit the Criminal Charges Notification (E-1) if criminal charges are not filed.
What if the results of the administrative misconduct investigation are under appeal?
If you have not submitted the Misconduct Investigation Report (MIR) to TCOLE, check the box in the MIR that indicates the matter is under appeal. After you receive the final disposition of the appeal, notify TCOLE of the results within 30 days of receipt at misconductreport@tcole.texas.gov. Please include the licensee's name, PID, agency case number, and TCOLE case number, if available.
If you have already submitted the Misconduct Investigation Report (MIR) to TCOLE, notify TCOLE that the matter is under appeal at misconductreport@tcole.texas.gov. After you receive the final disposition of the appeal, notify TCOLE of the results within 30 days of receipt at misconductreport@tcole.texas.gov. Please include the licensee's name, PID, agency case number, and TCOLE case number, if available.