A lawsuit by newly-elected Galveston County Sheriff Jimmy Fullen claims he’s immune from disciplinary actions by the Texas Commission on Law Enforcement, even as the commission seeks to suspend his peace officer’s license over allegations of falsified documents and past misconduct.
In June 2024, the Texas Commission on Law Enforcement (TCOLE) recommended revoking Fullen’s Peace Officer license, alleging that he had falsified multiple government documents and omitted important information.
TCOLE’s statement outlined that Fullen had failed to disclose or had provided false information regarding various aspects of his past, including job experience, workplace discipline, being fired or asked to resign, allegations of discrimination, involvement in civil lawsuits, failure to make court-ordered payments, and two arrests.
Specifically, when applying for his Peace Officer license in 2023, Fullen swore that he had no criminal or disciplinary history. However, records show that in the 1980s, he was arrested three times on assault charges. In 1989, he was the subject of a disciplinary complaint at the Electra Police Department. Additionally, in 2004, Fullen was placed on administrative leave by Galveston ISD over allegations of document tampering, retaliation, and racial discrimination.
Initially, Fullen stated that he intended to contest these claims, asserting that his license remained unaffected.
However, after serving as sheriff for a few months, Fullen filed a lawsuit two weeks ago, claiming that his elected position grants him immunity from discipline by the licensing board. His lawyer, Tony Buzbee, argued that TCOLE was overstepping its authority for political reasons. He stated, “The defendants in this case seek to use administrative procedure and the courts to accomplish what they failed to accomplish during election time at the ballot box.”
The lawsuit specifically references the Texas Occupations Code, which gives TCOLE the authority to revoke a peace officer’s license, “except with respect to an officer elected under the Texas Constitution.”
While TCOLE has acknowledged it lacks the authority to revoke Fullen’s license, the lawsuit claims that the commission is now pursuing alternative disciplinary measures. Last month, TCOLE lawyers submitted an amended complaint to the State Office of Administrative Hearings, seeking a 10-year suspension of Fullen’s license.
Buzbee argues that a suspension of this length is effectively the same as a revocation because it would remove Fullen from his current position as sheriff and prevent him from serving for another six years after that.
The lawsuit does not contest any of TCOLE’s claims regarding Fullen’s omissions, the assault allegations, job suspensions, or other issues. Instead, the lawsuit argues that TCOLE no longer has the authority to act upon these claims now that Fullen has been elected sheriff.
In email correspondence with Texas Scorecard, Fullen noted that the preliminary hearing for the case was supposed to begin today. However, over the weekend, Judge Jeth Jones granted the motion for the case to head to mediation between TCOLE and Sheriff Fullen rather than trial.
