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State law blocks revocation of Galveston Sheriff-elect’s license

With the Nov. 5 election over, a Texas law is impacting a case involving the Sheriff-elect of Galveston County, Jimmy Fullen. The Texas Commission on Law Enforcement recommended revoking Fullen’s peace officer’s license last June.

However, a section of the Texas Occupations Code reads the regulatory agency has the authority to revoke or suspended a peace officer’s license, “except with respect to an officer elected under the Texas Constitution.” The law further reads TCOLE, which licenses and regulates all local and state peace officers, can revoke the license of an officer elected under the Texas Constitution only if the person is convicted of a felony or a “criminal offense directly involving the person’s duties as an officer.”

RELATED: Weigh in: Do you think Galveston County Sheriff candidate Jimmy Fullen should be elected amid investigation?

TCOLE recommended revoking Fullen’s license, citing omissions on his work history statement filed with two departments.

“Respondent omitted, failed to disclose, or provided false or untruthful information related to job experience, having been disciplined at work, having been fired or asked to resign from a place of employment, having been accused of discrimination, having been the subject of a written complaint at work, having failed to make or been late on a court-ordered payment, having been part of a civil lawsuit, and failing to disclose two arrests,” read TCOLE’s Petition for Revocation filed in June.

While TCOLE officials would not comment directly on Fullen’s case, they did acknowledge state law would prevent the revocation of his license.

TCOLE officials did say Fullen could still face some form of disciplinary action. Fullen appealed TCOLE’s recommendation to the State Office of Administrative Hearings. A hearing was scheduled for after the first of the year but a motion for continuance was granted with no future hearing date set.

Fullen has said he is confident his legal team will resolve the issue with TCOLE prior to him taking office on Jan. 1. On election night, Fullen said he would also work to address concerns from critics who raised this issue during his campaign.

“I’ll go out there and I’ll start meeting with them one on one in these communities and it won’t take them long to see that I’m a man of my word and I’m going to do what I tell them I’m going to do. So, we will build those bridges,” Fullen said on Nov. 5.


About the Author
Robert Arnold headshot

Award winning investigative journalist who joined KPRC 2 in July 2000. Husband and father of the Master of Disaster and Chaos Gremlin. “I don’t drink coffee to wake up, I wake up to drink coffee.”

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