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Under the Texas Penal Code, what is the difference between a Class A misdemeanor and a Class B misdemeanor?

Class A misdemeanors carry up to 6 months in jail, while Class B carries up to 30 days

Class A misdemeanors carry up to 1 year in jail and/or $4,000 fine, while Class B carries up to 180 days and/or $2,000 fine

Class A misdemeanors are felonies, while Class B are not

There is no difference; both carry the same penalties

to track

2026 Statistics

Key Facts: TCOLE Exam

~80%

Pass Rate

Academy grads

70%

Passing Score

175/250

250

Exam Questions

TCOLE

3 hrs

Exam Duration

TCOLE

$110

Exam Fee

TCOLE

696 hrs

Min Academy

BPOC

The TCOLE exam has 250 questions in 3 hours, requiring 70% (175/250). Pass rate ~80% for academy graduates. Covers Texas Penal Code, CCP, traffic law, controlled substances, and professional policing.

Sample TCOLE Practice Questions

Try these sample questions to test your TCOLE exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1Under the Texas Penal Code, what is the difference between a Class A misdemeanor and a Class B misdemeanor?

A.Class A misdemeanors carry up to 6 months in jail, while Class B carries up to 30 days

B.Class A misdemeanors carry up to 1 year in jail and/or $4,000 fine, while Class B carries up to 180 days and/or $2,000 fine

C.Class A misdemeanors are felonies, while Class B are not

D.There is no difference; both carry the same penalties

Explanation: Under Texas Penal Code Section 12.21-12.22, Class A misdemeanors are punishable by up to one year in county jail and/or a fine not to exceed $4,000. Class B misdemeanors carry up to 180 days in county jail and/or a fine not to exceed $2,000. Understanding these classifications is fundamental for proper charging decisions.

2Which of the following is NOT an element of the offense of theft under Texas Penal Code Section 31.03?

A.The defendant unlawfully appropriated property

B.The property belonged to another person

C.The defendant used force to take the property

D.The defendant intended to deprive the owner of the property

Explanation: Theft under Texas law (Sec. 31.03) requires: (1) unlawful appropriation of property, (2) with intent to deprive the owner, and (3) without effective consent. The use of force distinguishes theft from robbery (Sec. 29.02). Theft is a non-violent property offense; adding force elevates it to robbery.

3An officer responds to a disturbance and finds a person intentionally causing bodily injury to their spouse. Under the Texas Penal Code, what is the most appropriate offense classification?

A.Class C misdemeanor assault

B.Class A misdemeanor assault

C.Third-degree felony assault - Family Violence

D.Second-degree felony aggravated assault

Explanation: Under Texas Penal Code Section 22.01(b), assault causing bodily injury to a family member (spouse, former spouse, relative by blood or marriage, current or former dating partner, or co-parent) is a third-degree felony. Simple assault without family violence or with only offensive contact would be a misdemeanor.

4A suspect enters a habitation without consent and attempts to commit a theft. No one is present in the habitation. What offense has been committed under Texas Penal Code?

A.Criminal trespass - Class B misdemeanor

B.Burglary of a habitation - Second-degree felony

C.Burglary of a building - State jail felony

D.Robbery - Second-degree felony

Explanation: Under Texas Penal Code Section 30.02, burglary of a habitation is a second-degree felony when committed without the intent to commit a felony against a person (assault, etc.). If the intent was to commit a felony against a person, it becomes a first-degree felony. The key element is entering a habitation with intent to commit any felony or theft.

5What is the minimum age at which a child can be charged as an adult with a capital felony in Texas?

A.10 years old

B.14 years old

C.17 years old

D.There is no minimum age

Explanation: Under Texas Family Code Section 54.02, a juvenile court may waive its jurisdiction for children 14 years or older accused of capital felonies or aggravated controlled substance felonies. For other felonies, the minimum age is typically 15. This allows certification as an adult for prosecution in criminal court.

6Under the Texas Penal Code, what distinguishes murder from capital murder?

A.Capital murder always involves premeditation

B.Capital murder includes specific aggravating circumstances such as killing a peace officer, multiple victims, murder for remuneration, or murder during another felony

C.Capital murder is always a first-degree felony

D.There is no distinction; they are the same offense

Explanation: Texas Penal Code Section 19.03 defines capital murder by specific aggravating factors including: killing a peace officer or firefighter in the line of duty, murder for remuneration, murder during escape, murder of multiple persons, murder of a child under 10, or murder while committing other specified felonies. These circumstances elevate the offense from first-degree murder to capital murder.

7An officer observes a driver operating a motor vehicle in a public place while intoxicated. What is the minimum offense level for this conduct under Texas Penal Code Section 49.04?

A.Class B misdemeanor

B.Class A misdemeanor

C.State jail felony

D.Third-degree felony

Explanation: Driving While Intoxicated (DWI) under Section 49.04 is a Class B misdemeanor for a first offense. It becomes a Class A misdemeanor for a second offense and a third-degree felony for a third or subsequent offense. If the driver has an open container, it remains a Class B but carries a minimum 6-day jail term.

8Which of the following constitutes the offense of "official oppression" under Texas Penal Code Section 39.03?

A.A peace officer accepting a free meal from a restaurant owner

B.A public servant intentionally subjecting another to sexual harassment, arrest without legal basis, or illegal search/seizure

C.A peace officer working an extra job while off-duty

D.A public servant accepting a campaign contribution

Explanation: Official oppression (Sec. 39.03) occurs when a public servant, acting under color of office, intentionally: (1) subjects another to sexual harassment, (2) arrests someone without legal basis, (3) conducts an illegal search/seizure, or (4) denies or impedes another in their rights, privileges, or immunities. This is a Class A misdemeanor.

9Under Texas Penal Code Section 1.07, what is the definition of "bodily injury"?

A.Any physical pain, illness, or any impairment of physical condition

B.Only visible wounds or broken bones

C.Any injury requiring hospitalization

D.Only injuries that create a substantial risk of death

Explanation: Texas Penal Code Section 1.07(a)(8) defines "bodily injury" as physical pain, illness, or any impairment of physical condition. This broad definition means even minor pain or temporary impairment qualifies as bodily injury, distinguishing it from "serious bodily injury" which involves substantial risk of death, protracted impairment, or disfigurement.

10A suspect threatens to cause imminent bodily injury to another person but does not actually cause any injury. Under the Texas Penal Code, what offense has occurred?

A.No offense has occurred since there was no actual injury

B.Assault by threat - Class C misdemeanor

C.Terroristic threat - Third-degree felony

D.Aggravated assault - Second-degree felony

Explanation: Under Texas Penal Code Section 22.01(a)(2), a person commits assault if they intentionally or knowingly threaten another with imminent bodily injury. This is a Class C misdemeanor. If the threat causes fear of serious bodily injury or death, it may be elevated to terroristic threat (Sec. 22.07), a Class B misdemeanor or higher depending on the target.

About the TCOLE Exam

The TCOLE licensing exam is required for all Texas peace officer candidates. It covers Texas criminal law, code of criminal procedure, traffic law, use of force, family violence, and professional responsibilities.

Questions

250 scored questions

Time Limit

3 hours

Passing Score

70%

Exam Fee

$110 (Texas Commission on Law Enforcement (TCOLE))

TCOLE Exam Content Outline

25%

Texas Penal Code

Elements of crimes, classifications, defenses, inchoate offenses, property crimes

25%

Code of Criminal Procedure

Search and seizure, arrest procedures, warrants, Miranda, pre-trial procedures

20%

Traffic Law

Rules of the road, DWI/DUI, accident investigation, commercial vehicles

15%

Professional Policing

Ethics, use of force, de-escalation, community policing, cultural awareness

15%

Specialized Topics

Family violence, controlled substances, juvenile law, first responder duties

How to Pass the TCOLE Exam

What You Need to Know

Passing score: 70%
Exam length: 250 questions
Time limit: 3 hours
Exam fee: $110

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

TCOLE Study Tips from Top Performers

1Master Texas Penal Code elements for major offenses

2Study CCP search and seizure rules and exceptions

3Know use of force continuum and deadly force justification under Texas law

4Review DWI/DUI laws: implied consent, ALR, per se limits

5Practice with 250-question full-length tests for stamina

Frequently Asked Questions

What is the TCOLE passing score?

70% (175/250). If you fail, you may retake after a waiting period, with 3 attempts within 2 years.

How hard is the TCOLE exam?

Moderately difficult with ~80% pass rate for academy graduates. Texas Penal Code and CCP are the most challenging.

What do I need before taking it?

Complete a TCOLE-approved Basic Peace Officer Course (min 696 hours), plus background check, medical exam, psych eval, and fitness test.

How many attempts do I get?

3 attempts within 2 years. If all 3 fail, you must repeat additional training or the entire BPOC.