TCOLE advances first‑readings to implement HB 33, adds PIO definition and administrative‑duty status

The Texas Commission on Law Enforcement on Feb. 12 voted to post a package of first‑reading rules to the Texas Register that staff said are needed to implement House Bill 33 (the Uvalde Strong Act) and other recently passed laws.

Assistant General Counsel Aaron Heath told commissioners the proposed amendment to rule 211.1 would add a statutory‑based definition of a Public Information Officer (PIO) and add an "administrative duty" pay status that lets an agency temporarily restrict a licensee's authority without separating the person from the agency. "This definition uses nearly identical language from HB 33," Heath said during the presentation. The commission approved the posting by voice vote.

The package includes multiple connected proposals: a new PIO proficiency certificate and continuing‑education requirement (new rule 221.48), an amendment to 221.1 to exempt applicants from needing a license or appointment to obtain the PIO certificate, and an update to the rules governing assignment and reporting so chief administrators can assign a PIO in TCLEDS and track compliance. Heath and staff said agencies required to have an assigned PIO include municipal police departments, sheriff’s offices, county constable offices, school district police departments and the Texas Department of Public Safety, per the statutory text.

Staff also previewed additional HB 33‑related obligations that would be brought back for a formal first reading in April, including active‑shooter policy elements and a requirement that a breaching tool and a ballistic shield be available at each campus of a school district or open‑enrollment charter school. Heath said assignment functionality being added to TCLEDS/Otter will allow agencies to report which employee holds the PIO assignment and whether they have completed the required training within one year of assignment.

Commissioners asked whether every person who speaks with the public during an incident would need the certificate; staff replied no, the statute requires at least one assigned PIO for specified agency types and the certificate requirement applies to that assigned role. Multiple motions to post the proposals were moved and seconded; each motion carried.

The commission scheduled more detailed rule work for April for an amendment to rule 211.16 to clarify "public benefit" and to finalize technical language implementing HB 33. The posting allows public comment through the Texas Register process before the commission takes final action.