(a) The private security profession is in a position
of trust; it provides services to members of the public that involve
access to confidential information, to private property, and to the
more vulnerable and defenseless persons within our society. By virtue
of their licenses, security professionals are provided with greater
opportunities to engage in fraud, theft, or related property crimes.
In addition, licensure provides those predisposed to commit assaultive
or sexual crimes with greater opportunities to engage in such conduct
and to escape detection or prosecution.
(b) Therefore, the commission determined that offenses
detailed in subsection (c) of this section directly relate to the
duties and responsibilities of those who are licensed under the Act.
Such offenses include crimes under the laws of another state or the
United States, if the offense contains elements that are substantially
similar to the elements of an offense under the laws of this state.
Such offenses also include those "aggravated" or otherwise enhanced
versions of the listed offenses.
(c) The list of offenses in this subsection is intended
to provide guidance only and is not exhaustive of either the offenses
that may relate to a particular regulated occupation or of those that
are independently disqualifying under Texas Occupations Code, §53.021(a)(2)
- (4). With the exception of those offenses listed in paragraphs (6)(A)
- (6)(F) of this subsection, the offenses listed in paragraphs (1)
- (5) and (7) - (14) of this subsection are general categories that
include all specific offenses within the corresponding chapter of
the Texas Penal Code. In addition, after due consideration of the
circumstances of the criminal act and its relationship to the position
of trust involved in the particular licensed occupation, the commission
may find that an offense not described below also renders a person
unfit to hold a license. In particular, an offense that is committed
in one's capacity as a licensee under the Act, or an offense that
is facilitated by one's license under the Act, will be considered
related to the licensed occupation and may render the person unfit
to hold the license.
(1) Arson, damage to property--Any offense under the
Texas Penal Code, Chapter 28.
(2) Assault--Any offense under the Texas Penal Code,
Chapter 22.
(3) Bribery--Any offense under the Texas Penal Code,
Chapter 36.
(4) Burglary and criminal trespass--Any offense under
the Texas Penal Code, Chapter 30.
(5) Criminal homicide--Any offense under the Texas
Penal Code, Chapter 19.
(6) Disorderly conduct--Any of the offenses detailed
in paragraphs (6)(A) - (6)(F), but only if committed by an applicant
for, or holder of, a license as a security officer, personal protection
officer, or private investigator:
(A) 42.01(a)(7) and 42.01(a)(8) only - discharge of
firearm in public place, and display of firearm or other deadly weapon
in public place calculated to alarm.
(B) 42.06, False Alarm or Report.
(C) 42.062, Interference with Emergency Request for
Assistance.
(D) 42.07, Harassment.
(E) 42.072, Stalking.
(F) 42.12, Discharge of Firearm in Certain Municipalities.
(7) Fraud--Any offense under the Texas Penal Code,
Chapter 32.
(8) Kidnapping--Any offense under the Texas Penal Code,
Chapter 20.
(9) Obstructing governmental operation--Any offense
under the Texas Penal Code, Chapter 38.
(10) Perjury--Any offense under the Texas Penal Code,
Chapter 37.
(11) Robbery--Any offense under the Texas Penal Code,
Chapter 29.
(12) Sexual offenses--Any offense under the Texas Penal
Code, Chapter 21.
(13) Theft--Any offense under the Texas Penal Code,
Chapter 31.
(14) In addition:
(A) An attempt to commit a crime listed in this subsection;
(B) Aiding and abetting in the commission of a crime
listed in this subsection; and
(C) Being an accessory (before or after the fact) to
a crime listed in this subsection.
(d) A felony conviction for an offense listed in subsection
(c) of this section is disqualifying for ten (10) years from the date
of conviction.
(e) A Class A misdemeanor conviction for an offense
listed in subsection (c) of this section is disqualifying for five
(5) years from the date of conviction.
(f) Independently of whether the offense is otherwise
described or listed in subsection (c) of this section, a conviction
for an offense listed in Texas Code of Criminal Procedure, Article
42.12 §3g, or Article 42A.054, or that is a sexually violent
offense as defined by Texas Code of Criminal Procedure, Article 62.001,
or a conviction for burglary of a habitation, is permanently disqualifying
subject to the requirements of Texas Occupations Code, Chapter 53.
(g) A Class B misdemeanor conviction for an offense
listed in subsection (c) of this section is disqualifying for two
(2) years from the date of conviction.
(h) Any unlisted offense that is substantially similar
in elements to an offense listed in subsection (c) of this section
is disqualifying in the same manner as the corresponding listed offense.
(i) A pending charge under an indictment or information
for an offense listed in subsection (c) of this section is grounds
for summary suspension.
(j) In determining the fitness to perform the duties
and discharge the responsibilities of the licensed occupation of a
person against whom disqualifying charges have been filed or who has
been convicted of a disqualifying offense, the department will consider:
(1) The extent and nature of the person's past criminal
activity;
(2) The age of the person when the crime was committed;
(3) The amount of time that has elapsed since the person's
last criminal activity;
(4) The conduct and work activity of the person before
and after the criminal activity;
(5) Evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6) The date the person will be eligible; and
(7) Any other evidence of the person's fitness, including
letters of recommendation.
(k) In addition to the documentation listed in subsection
(j) of this section, the applicant or licensee shall furnish proof
in the form required by the department that the person has:
(1) Maintained a record of steady employment;
(2) Supported the applicant's dependents;
(3) Maintained a record of good conduct; and
(4) Paid all outstanding court costs, supervision fees,
fines and restitution ordered in any criminal case in which the applicant
has been charged or convicted.
(l) The failure to timely provide the information listed
in subsection (j) and subsection (k) of this section may result in
the proposed action being taken against the application or license.
(m) The provisions of this section are authorized by
the Act, §1702.004(b), and are intended to comply with the requirements
of Texas Occupations Code, Chapter 53. All periods of disqualification
provided in this section are subject to an analysis under subsection
(j) of this section, and the requirements of Texas Occupations Code,
Chapter 53.
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