Galveston County Sheriff Jimmy Fullen is likely headed to a court hearing in his battle with the Texas Commission on Law Enforcement (TCOLE).
Fullen is fighting TCOLE’s recommendation to have his peace officer’s license suspended for 10 years.
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Both sides attended mediation on Friday, but a report from the state mediator indicated that “no resolution was reached.”
The mediator wrote “the mediation has concluded,” and the matter was referred back to an administrative law judge with the State Office of Administrative Hearings (SOAH).
At this time, no hearing has been scheduled. The exact details of the mediation are confidential.
Last June, before he was elected Sheriff, TCOLE recommended revoking Fullen’s peace officer’s license. TCOLE accused Fullen of several omissions on his personal history statement filed with two departments.
TCOLE requires peace officers to fill out these statements and attest to their accuracy. The statements are notarized and serve as a foundation for background checks when an officer applies for a job with a law enforcement agency.
“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 2024.
Fullen appealed TCOLE’s recommendation and asked for a hearing before a SOAH judge, who would decide whether revocation was appropriate.
When Fullen was elected Sheriff in November 2024, state law blocked the revocation of his peace officer’s license. A section of the Texas Occupations Code reads that the regulatory agency has the authority to revoke or suspend a peace officer’s license, “except with respect to an officer elected under the Texas Constitution.”
The law further reads that TCOLE 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.”
After the election, TCOLE recommended suspending Fullen’s license for 10 years.
Fullen then sued TCOLE, claiming the agency is overstepping its authority and violating his constitutional rights. Fullen claims a 10-year suspension is tantamount to revocation, which state law prohibits.
TCOLE, represented by the Texas Attorney General’s Office, responded to the suit in March of this year, arguing Fullen was trying to “thwart the lawful administrative process, in violation of the separation of powers doctrine.”
“Plaintiff alleges that TCOLE seeks to surreptitiously revoke Plaintiff’s peace officer license but provides no evidence to support its allegations but relies on conjecture and absurd conclusions regarding TCOLE’s intent,” wrote Sherlyn Harper, an attorney with the Texas AG’s Office.
The lawsuit was filed in Galveston County court but was put on hold while both sides went to mediation. Fullen declined to comment on the recent mediation attempt.
Fullen’s attorney, Tony Buzbee, sent 2 Investigates a statement.
“We will get a date for the hearing to occur to declare the action they seek to be illegal,” Buzbee wrote. “In the meantime, we continue to work on a potential resolution.”
TCOLE officials also declined to comment because of the pending litigation.
“It needs to be done, it shouldn’t take this long,” said Kenneth Williams, a retired Galveston County Sheriff’s deputy.
Williams supported Fullen’s opponent in the Republican primary and filed the complaint with TCOLE that started this process.
“I think TCOLE really wants to stand up for integrity; they have a duty to do this so integrity matters in our Texas peace officers,” said Williams.
Williams said another Galveston County resident filed a criminal complaint with the District Attorney’s Office last year, but no action has been taken.
“Everybody knows that the trust in law enforcement has been on a thread, if you can even call it a thread," said Williams. “If the community cannot trust the officers, then we are gonna lose effective law enforcement in Galveston County.”
