There has been a lot of discussion recently, surrounding the justification of tampering with government records and whether the Texas Commission on Law Enforcement (TCOLE) has legal authority to train, supervise, or regulate Reserve Police Officers.

Most recently, a Petition for Discretionary Review was made by John Chambers, Candidate for Cameron County Sheriff; in which, he claims there to be no legal authority for TCOLE to monitor the firearms qualifications of Reserve Police Officers.

He references the following statue:

Sec. 341.012.  POLICE RESERVE FORCE.  (a)  The governing body of a municipality may provide for the establishment of a police reserve force.(b)  The governing body shall establish qualifications and standards of training for members of the reserve force.(c)  The governing body may limit the size of the reserve force.(d)  The chief of police shall appoint the members of the reserve force.  Members serve at the chief's discretion.(e)  The chief of police may call the reserve force into service at any time the chief considers it necessary to have additional officers to preserve the peace and enforce the law.(f)  A member of a reserve force who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties.(g)  An appointment to the reserve force must be approved by the governing body before the person appointed may carry a weapon or otherwise act as a peace officer.  On approval of the appointment of a member who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, the person appointed may carry a weapon only when authorized to do so by the chief of police and only when discharging official duties as a peace officer.(h)  Reserve police officers may act only in a supplementary capacity to the regular police force and may not assume the full-time duties of regular police officers without complying with the requirements for regular police officers.  On approval of the appointment of a member who is a peace officer as described by Article 2.12, Code of Criminal Procedure, the chief of police may authorize the person appointed to carry a weapon or act as a peace officer at all times, regardless of whether the person is engaged in the actual discharge of official duties, or may limit the authority of the person to carry a weapon or act as a peace officer to only those times during which the person is engaged in the actual discharge of official duties.  A reserve police officer, regardless of whether the reserve police officer is a peace officer as described by Article 2.12, Code of Criminal Procedure, is not:(1)  eligible for participation in any program provided by the governing body that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers;  or(2)  exempt from Chapter 1702, Occupations Code.(i)  This section does not limit the authority of the mayor of a Type A general-law municipality to summon a special police force under Section 341.011.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 90, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.825, eff. Sept. 1, 2001.

In the statue above, it does grant the ability to have uncertified peace officers acting in such capacity; however, there is another statue which establishes the standards for which such actions occur, and that statue is as follows:

Sec. 1701.301.  LICENSE REQUIRED.  Except as provided by Sections 1701.310, 1701.311, and 1701.405, a person may not appoint or employ a person to serve as an officer, county jailer, school marshal, public security officer, or telecommunicator unless the person holds an appropriate license issued by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 7, eff. June 14, 2013.Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 3, eff. January 1, 2014.

The above means, although the municipality may have a reserve force, they must obtain a licensure to perform their duties. This includes those appointed and employed by the agency.

TCOLE does not have a reserve licensure program any longer. The only license a holder may posses for law enforcement purposes is a peace officer license and one seems to be required to perform any peace officer duties.

TCOLE is also required to assure each peace officer license is proficient with weapons qualification:

Sec. 1701.308.  WEAPONS PROFICIENCY.  The commission shall require a person applying for a peace officer license to demonstrate weapons proficiency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

The State Legislature has provided the following authority to TCOLE:

Sec. 1701.151.  GENERAL POWERS OF COMMISSION; RULEMAKING AUTHORITY.  The commission may:(1)  adopt rules for the administration of this chapter and for the commission's internal management and control;(2)  establish minimum standards relating to competence and reliability, including education, training, physical, mental, and moral standards, for licensing as an officer, county jailer, public security officer, or telecommunicator;(3)  report to the governor and legislature on the commission's activities, with recommendations on matters under the commission's jurisdiction, and make other reports that the commission considers desirable;(4)  require a state agency or a county, special district, or municipality in this state that employs officers, telecommunicators, or county jailers to submit reports and information;(5)  contract as the commission considers necessary for services, facilities, studies, and reports required for:(A)  cooperation with municipal, county, special district, state, and federal law enforcement agencies in training programs; and(B)  performance of the commission's other functions; and(6)  conduct research and stimulate research by public and private agencies to improve law enforcement and police administration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 3, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 1, eff. January 1, 2014.

The definition of who peace officers are can be found in this statue:

Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace officers:(1)  sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;(2)  constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;(3)  marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;(4)  rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety;(5)  investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;(6)  law enforcement agents of the Texas Alcoholic Beverage Commission;(7)  each member of an arson investigating unit commissioned by a city, a county, or the state;(8)  officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;(9)  officers commissioned by the General Services Commission;(10)  law enforcement officers commissioned by the Parks and Wildlife Commission;(11)  airport police officers commissioned by a city with a population of more than 1.18 million located primarily in a county with a population of 2 million or more that operates an airport that serves commercial air carriers;(12)  airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;(13)  municipal park and recreational patrolmen and security officers;(14)  security officers and investigators commissioned as peace officers by the comptroller;(15)  officers commissioned by a water control and improvement district under Section 49.216, Water Code;(16)  officers commissioned by a board of trustees under Chapter 54, Transportation Code;(17)  investigators commissioned by the Texas Medical Board;(18)  officers commissioned by:(A)  the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code;(B)  the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code;(C)  the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and(D)  the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code;(19)  county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;(20)  investigators employed by the Texas Racing Commission;(21)  officers commissioned under Chapter 554, Occupations Code;(22)  officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;(23)  investigators commissioned by the attorney general under Section 402.009, Government Code;(24)  security officers and investigators commissioned as peace officers under Chapter 466, Government Code;(25)  officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;(26)  officers commissioned by the state fire marshal under Chapter 417, Government Code;(27)  an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code; (28)  apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code;(29)  officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code; (30)  investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code;(31)  commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code;(32)  the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;(33)  officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section;(34)  investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and(35)  the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1734, ch. 659, Sec. 5, eff. Aug. 28, 1967;  Acts 1971, 62nd Leg., p. 1116, ch. 246, Sec. 3, eff. May 17, 1971;  Acts 1973, 63rd Leg., p. 9, ch. 7, Sec. 2, eff. Aug. 27, 1973;  Acts 1973, 63rd Leg., p. 1259, ch. 459, Sec. 1, eff. Aug. 27, 1973;  Acts 1975, 64th Leg., p. 480, ch. 204, Sec. 1, eff. Sept. 1, 1975;  Acts 1977, 65th Leg., p. 618, ch. 227, Sec. 2, eff. May 24, 1977;   Acts 1977, 65th Leg., p. 1082, ch. 396,
 Sec.1, eff. Aug. 29, 1977.


Amended by Acts 1983, 68th Leg., p. 545, ch. 114, Sec. 1, eff. May 17, 1983;  Acts 1983, 68th Leg., p. 4358, ch. 699, Sec. 11, eff. June 19, 1983;  Acts 1983, 68th Leg., p. 4901, ch. 867, Sec. 2, eff. June 19, 1983;  Acts 1983, 68th Leg., p. 5303, ch. 974, Sec. 11, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 384, Sec. 2, eff. Aug. 26, 1985;  Acts 1985, 69th Leg., ch. 907, Sec. 6, eff. Sept. 1, 1985;  Acts 1986, 69th Leg., 2nd C.S., ch. 19, Sec. 4, eff. Dec. 4, 1986;  Acts 1987, 70th Leg., ch. 262, Sec. 20, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 350, Sec. 1, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 277, Sec. 4, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 794, Sec. 1, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1104, Sec. 4, eff. June 16, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 4.02, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 228, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 287, Sec. 24, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 386, Sec. 70, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 446, Sec. 1, eff. June 11, 1991;  Acts 1991, 72nd Leg., ch. 544, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 545, Sec. 2, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 597, Sec. 57, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 853, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 6;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 3.01, eff. Nov. 12, 1991;  Acts 1993, 73rd Leg., ch. 107, Sec. 4.07, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 116, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 339, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 695, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 912, Sec. 25, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 260, Sec. 10, eff. May 30, 1995;  Acts 1995, 74th Leg., ch. 621, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 729, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 4.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 322, Sec. 2, eff. May 29, 1999;  Acts 1999, 76th Leg., ch. 882, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 974, Sec. 37, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 272, Sec. 7, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 442, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 669, Sec. 8, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 3.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 16, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 474, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 12, eff. Sept. 1, 2003.Reenacted and amended by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 4.001, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 1, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1164 (H.B. 3201), Sec. 1, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.001, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 402 (S.B. 601), Sec. 2, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 584 (H.B. 3815), Sec. 2, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 5, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 8 (S.B. 543), Sec. 2, eff. May 2, 2013.Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.01, eff. May 18, 2013.Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 1, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 34 (S.B. 319), Sec. 2, eff. May 14, 2019.

Which is also referenced as a definition within the Occupational Code and Texas Administrative Code (TAC) for TCOLE:

Sec. 1701.001.  DEFINITIONS.  In this chapter:(1)  "Commission" means the Texas Commission on Law Enforcement.(2)  "County jailer" means a person employed as a county jail guard under Section 85.005, Local Government Code.(3)  "Officer" means a peace officer or reserve law enforcement officer.(4)  "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law.(5)  "Public security officer" means a person employed or appointed as an armed security officer by this state or a political subdivision of this state. The term does not include a security officer employed by a private security company that contracts with this state or a political subdivision of this state to provide security services for the entity.(6)  "Reserve law enforcement officer" means a person designated as a reserve law enforcement officer under Section 85.004, 86.012, or 341.012, Local Government Code, or Section 60.0775, Water Code.(7)  "Telecommunicator" means a person acknowledged by the commission and employed by or serving a law enforcement agency that performs law enforcement services on a 24-hour basis who receives, processes, and transmits public safety information and criminal justice data for the agency by using a base radio station on a public safety frequency regulated by the Federal Communications Commission or by another method of communication.(8)  "School marshal" means a person who:(A)  is appointed to serve as a school marshal by:(i)  the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;(ii)  the governing body of a private school under Section 37.0813, Education Code; or(iii)  the governing board of a public junior college under Section 51.220, Education Code;(B)  is licensed under Section 1701.260; and(C)  has powers and duties described by Article 2.127, Code of Criminal Procedure.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 173 (H.B. 340), Sec. 2, eff. May 27, 2005.Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 1, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 1.01, eff. May 18, 2013.Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 6, eff. June 14, 2013.Acts 2015, 84th Leg., R.S., Ch. 1144 (S.B. 386), Sec. 4, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 6, eff. June 15, 2017.

The TCOLE TAC defines Peace Officer as such:

(44) Officer–A peace officer or reserve identified under the provisions of the Texas Occupations Code, §1701.001. (46) Peace officer–A person elected, employed, or appointed as a peace officer under the provisions of the Texas Occupations Code, §1701.001.

Both (44) and (46) above, reference the same legal definition of a peace officer. TCOLE can only issue Peace Officer licensure. Anyone appointed or employed as a peace officer must maintain licensure; as established by State Legislation. The Code of Criminal Procedure clearly identifies reserve peace officers as peace officers in the State of Texas.

The law also requires firearm proficiency and mandates TCOLE to assure it is complied with by agencies. The agency, not TCOLE, is required to maintain the weapon proficiency records.

The TAC is very clear on the requirements to maintain weapons proficiency, as indicated in Title 37, Part 7, Chapter 217, Rule 217.7:

(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: (A) For a licensee with more than 180 days since their last appointment: (i) obtain a new declaration of psychological and emotional health (L3 Form); (ii) obtain a new declaration of the lack of any drug dependency or illegal drug use (L2 Form); and (iii) obtain new proof that the licensee has been fingerprinted and subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record. (B) For a person’s initial appointment: (i) obtain proof of meeting educational requirements; (ii) obtain proof of meeting U.S. citizenship requirements; (iii) obtain new proof that the person has been fingerprinted and subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record; (iv) obtain a new declaration of psychological and emotional health (L3 Form), if more than 180 days from the graduation of the basic licensing course; (v) obtain a new declaration of medical eligibility and lack of any drug dependency or illegal drug use (L2 Form), if more than 180 days from the graduation of the basic licensing course; and (vi) submit an appointment application (L1 Form) and receive an approval of the application before the person discharges any duties related to the license sought. (10) For current licensees, submit a Statement of Appointment (L1 Form) within 7 days of the appointment.

(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.

Being that continuing education requirements of TCOLE is identified by license type, the status of reserve or otherwise becomes a immaterial item of discussion. In order to maintain the license type, one must complete the requirements of TCOLE and authorized by State Legislation.

The only point of contention seems to be the definition of the word “employ,” as indicated in TAC Title 37, Part 7, Chapter 218, Rule 218.9:

(a) Each agency or entity that employs at least one peace officer or at least one firearms certified jailer shall: (1) require each peace officer or firearm certified jailer that it employs to successfully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried; (2) designate a firearms proficiency officer to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include: (A) date of qualification; (B) identification of peace officer or jailer; (C) firearm manufacturer, model; (D) results of qualifying; and (E) course(s) of fire; (3) keep on file and in a format readily accessible to the commission a copy of all records of this proficiency.(b) The annual firearms proficiency requirements shall include: (1) an external inspection by the proficiency officer, range officer, firearms instructor, or gunsmith to determine the safety and functioning of the weapon(s); (2) a proficiency demonstration in the care and cleaning of the weapon(s) used; and (3) a course of fire that meets or exceeds the minimum standards.(c) The minimum standards for the annual firearms proficiency course of fire shall be: (1) handguns – a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload; (2) shotguns – a minimum of five rounds of ammunition fired at a range of at least 15 yards; (3) precision rifles – a minimum of 20 rounds of ammunition fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90; (4) patrol rifles – a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90; (5) fully automatic weapons – a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon.(d) The minimum passing percentage shall be 70 for each firearm.(e) The executive director may, upon written agency request, waive a peace officer’s demonstration of weapons proficiency based on a determination that the requirement causes a hardship.

There seems to be a lack of legal definition for the word “employ,” within Texas Code; therefore, by process, one must refer to the dictionary definition of the word. Most commonly, the Merriam-Webster is where one would refer, and it identifies “employ,” to mean:

There seems to be limited indication a salary is required for the term “employ,” within the common defined English language. This may also be relevant when reviewing past Legislature changes where a debate seemed to have occurred between “appoint,” and “employ,” by evidence of striking “employ,” in favor of “appoint,” but “employ,” returned as history progressed; most likely, because one may assume payment, but defined does require payment to be employed.

The term employ and its derivative of “employee,” for records purposes, is clearly defined within the Texas State Library and Archives Commission (TSLAC) to mean anyone working for an agency:

So, the State Legislature has required a burden of TCOLE to monitor its licensing program. The program is required by law. TCOLE sets the standards and methods, by the expressed authority granted to them. The term “employ,” becomes one of debate, but the need to have proficiency of weapons qualifications for appointments creates a burden. In the overlapping context of all the legislature, and rules, it appears TCOLE does have the statutory authority required to review Reserve Peace Officers. It also provides for a requirement to show weapons qualifications. The duration of the qualifications, based upon the term “employ,” may become invalid if a Reserve Peace Officer moves from one agency to another, every twelve (12) months.

It is our OPINION, TCOLE is required to do what was done with the Town of Indian Lake. We also believe, by language provided, the ultimate responsibility falls upon the person hired to be the Chief Administrator. The Chief Administrator becomes the chain of events to connect TCOLE to the agency employees, volunteers, or otherwise. We believe the opinion rendered, which was not in TCOLE’s favor was done with missing information.