703- Hiring Procedures for Positions Requiring TCOLE License
I. Purpose
This policy establishes guidelines for hiring and background investigations of applicants seeking employment with the Harris County Sheriff’s Office (HCSO) in any position that requires a license issued by the Texas Commission on Law Enforcement (TCOLE).
II. Definitions
Affected Applicant: For purposes of this policy, an affected applicant is any person applying for employment with HCSO as a deputy, detention officer, or communication officer.
Background-Investigation Information: The records, reports, and information which must be reviewed during a background investigation before an affected applicant may be hired by HCSO. This includes, at a minimum, the following:
• Personnel files and other employee records from each previous law enforcement agency where the affected applicant has been employed — including the employment applications provided to each of those law enforcement agencies
• Proof of eligibility for enrollment in a training program under Texas Occupations Code 1701.251(a)
• U.S. Department of Defense form DD-214 or other military discharge record
• Criminal history record information
• Pending warrant information as available through the Texas Crime Information Center (TCIC) and National Crime Information Center (NCIC)
• Proof of financial responsibility as required by Texas Transportation Code § 601.051
• Driving record from the Texas Department of Public Safety
• Proof of U.S. citizenship or — if the affected applicant is an honorably discharged veteran of the U.S. armed forces with at least two years of service before discharge — proof of legal-permanent-resident status and proof that the affected applicant has applied for U.S. citizenship
• First-hand knowledge of the affected applicant’s history from at least three personal references and at least two professional references
• A search for the affected applicant’s name in the National Decertification Index (NDI) maintained by the International Association of Directors of Law Enforcement and — if a matching record exists — acquisition and review of the related records with the relevant law enforcement agency
• Certain records maintained by TCOLE:
o Employment-termination reports
o Misconduct-investigation reports
o Service records
o Out-of-state records requested in accordance with Texas Occupations Code § 1701.3035
Background-Investigation Report: The final document compiled by the background investigator after completing the background investigation of an affected applicant. This document contains all findings pertinent to the background investigation, and a copy shall be placed in the affected applicant’s personnel file.
Background Investigator: An HCSO investigator who is responsible for conducting a background investigation of an affected applicant.
Misconduct: Violations of federal or state laws or local ordinances and alleged conduct including use of excessive force, untruthfulness, unlawful search, unlawful arrest, civil rights violations, racially motivated police actions, discrimination, sexual harassment, violations of court orders, or any conduct that seriously degrades the integrity or good order of HCSO. For purposes of this policy, allegations of untruthfulness shall include false, untrue, or misleading statements, either by overt means or by omission. Misconduct does not include minor rule violations of a less serious nature.
Personal History Statement (PHS): A written statement provided by every affected applicant that serves as the basis for the related background investigation conducted by HCSO.
Personnel File: A collection of letters, memoranda, and documents related to the employee’s pre-employment checks as well as their job performance while employed by HCSO, to include:
• The employee’s background-investigation report;
• A copy of the employee’s TCOLE Form L-1 or L1-T, as appropriate;
• The signed TCOLE Form L-2 showing that the employee passed their pre-employment medical examination and drug screening;
• The signed TCOLE Form L-3 showing that the employee passed their pre-employment psychological examination;
• A copy of the employee’s pre-employment fingerprint check;
• Letters, memoranda, and documents related to a commendation, congratulation, or honor bestowed on the employee by a member of the public or by HCSO for an action, duty, or activity that relates to the employee’s official duties;
• Letters, memoranda, and documents related to misconduct by the employee if the letter, memorandum, or document was issued by HCSO and resulted in disciplinary action; and
• Letters, memoranda, and documents recording periodic evaluations of the employee by a supervisor.
TCOLE Forms: A general term for the forms that TCOLE requires HCSO to complete during the appointment process of affected applicants. Certain TCOLE forms may not be relevant to all affected applicants, but for each affected applicant, HCSO shall complete all of the below applicable forms:
• L-1: Appointment Application
• L-2: Licensee Medical Condition Declaration
• L-3: Licensee Psychological and Emotional Health Declaration
• L1-T: Telecommunicator Appointment
The information certified on TCOLE forms shall be consistent with the pre-employment process and findings as described in this policy for each affected applicant.
III. Policy
HCSO must maintain a professional and disciplined TCOLE-licensed workforce in order to provide the residents of Harris County with reliability and excellence in both law enforcement and detentions operations. To that end, it is essential that HCSO offer employment only to those candidates who meet its rigorous standards.
IV. Procedure
All affected applicants shall submit a completed PHS and provide written consent to HCSO explicitly allowing HCSO to review their background-investigation information. Both the PHS and the written consent are required before HCSO may initiate a background investigation of an affected applicant.
Before hiring any affected applicant, HCSO shall conduct a thorough background investigation including a review of all background-investigation information and complete all appropriate TCOLE forms.
The TCOLE forms completed in this way shall demonstrate that each of the pre-employment steps required under Texas Occupations Code § 1701.451 was completed before HCSO hired an affected applicant. The forms shall also document how each of those steps was completed.
A. Background Investigation
- Release of Information
Prior to obtaining or reviewing any background-investigation records originating in another law enforcement agency, the background investigator shall provide the other agency with a copy of the affected applicant’s signed release of information.
- Reviewing Written Files and Records
Background investigators shall review written files or records relevant to background investigations either electronically — through a secure file-sharing system such as the one provided by TCOLE — or in person.
Investigators shall not review these records by phone.
- Agencies Outside of Texas
Federal agencies and agencies in other states do not generally have access to TCOLE’s file-sharing system. If one of those agencies has background-investigation information relevant to an affected applicant, but the background investigator is unable to review the files in person, the background investigator shall make reasonable efforts to review the files electronically. If, after reasonable efforts have been made, the files cannot be reviewed, the background investigator shall document the reason why and the efforts that were made in the background-investigation report.
- Potential Issues
a. No response
If a background investigator has made direct contact — either via phone or email — with someone at another law enforcement agency thought to be in possession of background-investigation records relevant to an affected applicant and the background investigator has already provided a copy of the affected applicant’s signed release of information but there has been no response from the other law enforcement agency for 10 business days, the background investigator shall contact their TCOLE field service agent for assistance.
b. No records
If an agency no longer has records, the background investigator shall request that the agency provide a form letter attesting to the lack of records and explaining why the agency no longer has the records. The background investigator shall place all such letters in the background-investigation report.
c. No agency
In the event that an agency no longer exists or is currently unmanned, the background investigator shall confirm that fact and document it in the background-investigation report. The background investigator shall also contact the governing body over a former or unmanned agency to determine what records still exist and how those records can be accessed.
- Records Retention Schedules
Because some law enforcement agencies retain records beyond relevant records-retention schedules, background investigators shall contact every law enforcement agency relevant to an affected applicant’s background investigation to determine if the relevant records still exist.
B. Additional Pre-Employment Requirements
After completion of a background investigation but before HCSO may hire an affected applicant, the affected applicant must undergo the following additional examinations, screenings, checks, and qualifications.
- Medical Examination and Drug Screening
a. Affected Applicant Requirements
Every affected applicant must undergo a drug screening by a physician licensed by the Texas Medical Board, as designated by HCSO.
Affected applicants who are seeking employment as deputies or detention officers must also undergo a medical examination by a physician licensed by the Texas Medical Board, as designated by HCSO.
b. Physician Requirements
The physician must be familiar with the job duties of the position for which the affected applicant has applied.
If the affected applicant passes the medical examination and drug screening, the physician who conducted such examination must sign the L-2.
c. HCSO Requirements
If the affected applicant passes the medical examination and drug screening, the signed L-2 shall be placed in the affected applicant’s personnel file.
If the affected applicant fails either the medical examination or the drug screening, HCSO shall report such failure to TCOLE and provide to TCOLE a copy of the affected applicant’s L-2.
- Psychological Examination
a. Affected Applicant Requirements
Each affected applicant must undergo a psychological examination conducted by either of the following, as designated by HCSO:
i. A psychologist who is licensed by the Texas Board of Examiners of Psychologists, or
ii. A psychiatrist who is licensed by the Texas Medical Board and certified by the American Board of Psychiatry and Neurology.
b. Psychologist or Psychiatrist Requirements
The psychologist or psychiatrist must be familiar with the job duties of the position for which the affected applicant has applied.
Prior to the psychological examination, HCSO shall provide the psychologist or psychiatrist with a copy of the affected applicant’s PHS and background-investigation report.
The psychologist or psychiatrist must conduct the psychological examination according to professional standards and include the use of:
i. at least two instruments — one measuring personality traits and one measuring psychopathology and
ii. an interview conducted by the psychologist or psychiatrist after the two instruments above have been scored and the affected applicant’s PHS and background-investigation report have been reviewed.
If the affected applicant passes the psychological examination, the psychologist or psychiatrist who conducted such examination must sign the L-3.
c. HCSO Requirements
If the affected applicant passes the psychological examination, the signed L-3 shall be placed in the affected applicant’s personnel file.
If the affected applicant fails the psychological examination, HCSO shall report such failure to TCOLE and provide to TCOLE a copy of the affected applicant’s L-3.
- Fingerprint Check
Before appointment, each affected applicant must undergo a fingerprint check of local, state, and federal records to disclose any criminal history. A copy of this fingerprint check shall be placed in the affected applicant’s personnel file.
- Firearms Qualification
If an affected applicant is a current licensed peace officer under Texas Code of Criminal Procedure Article 2A.001, they must complete a firearms qualification or submit an official record of annual firearms qualification from within the past 12 months.
C. Appointment of Licensee
Upon hiring an affected applicant, HCSO shall submit to TCOLE a complete and accurate L-1 or L1-T.
A notarized copy of this L-1 or L1-T shall be placed in the affected applicant’s personnel file.
D. Provisional Hiring Period During Pending Investigation
If an affected applicant is subject to an investigation of misconduct by a law enforcement agency where they were previously employed, HCSO may choose to offer them employment on a provisional basis for 90 days.
During such provisional period, HCSO shall obtain and review the completed misconduct investigation report — from either the law enforcement agency where the affected applicant was previously employed or TCOLE — and may choose to terminate the affected applicant’s provisional employment based on the findings of the misconduct investigation.
The provisional period referenced here is unrelated to any other probationary hiring periods used by HCSO.
References
Tex. Code Crim. Proc. art. 2A.001
Tex. Occ. Code §§ 1701.251(a), 1701.3035, 1701.451, 1701.4535(a)(1)
Tex. Transp. Code § 601.051
Policy 234 — Personnel Files and Department Files
Revision
This policy has been revised on the below listed dates:
May 20, 2025