§ 1702.163 — QUALIFICATIONS FOR SECURITY OFFICER COMMISSION.

Texas § 1702.163

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1702.163. QUALIFICATIONS FOR SECURITY OFFICER COMMISSION. (a) An applicant employed by a company license holder is not eligible for a security officer commission unless the applicant submits as part of the application satisfactory evidence that the applicant has:
(1) completed the basic training course at a school or under an instructor approved by the department;
(2) met each qualification established by this chapter and administrative rule;
(3) achieved the score required by the department on the examination under Section 1702.1685 ;
(4) demonstrated to the satisfaction of the firearm training instructor that the applicant has complied with other department standards for minimum marksmanship competency with a handgun; and
(5) provided proof of completion by and the results of the Minnesota Multiphasic Personality Inventory test for the applicant.
(b) An individual is not eligible for a security officer commission if the individual:
(1) is disqualified by state or federal law from owning or possessing a firearm;
(2) is incapable of exercising sound judgment in the proper use and storage of a handgun;
(3) is a fugitive from justice for a felony or a Class A or Class B misdemeanor;
(4) is a chemically dependent person; or
(5) is currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests.
(c) An individual who has been convicted twice in the 10-year period preceding the date on which the person applies for a security officer commission of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a security officer commission under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to demonstrate that the person is a chemically dependent person.
(d) For purposes of Subsection (b)(2), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a future time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician or declared by a court as incompetent to manage the person's own affairs; or
(4) has entered a plea of not guilty by reason of insanity in a criminal proceeding.
(d-1) For the purposes of determining eligibility under Subsection (b)(2), the department may require the applicant to authorize the release to the department of any relevant medical records.
(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the five years preceding the date of the application;
(2) psychiatric hospitalization in the two years preceding the date of the application;
(3) inpatient or residential substance abuse treatment in the five years preceding the date of the application;
(4) diagnosis in the five years preceding the date of the application by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.
(g) An individual's eligibility under this section is not affected by a relationship or lack of relationship between the nature of a criminal charge or conviction and the regulated occupation.
(h) The commission by rule shall require an applicant for a security officer commission to complete the Minnesota Multiphasic Personality Inventory test. The department may use the results of the test to evaluate the applicant's psychological fitness.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.612, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132 ), Sec. 1.01, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303 ), Sec. 4, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833 ), Sec. 9, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4B.10, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 5.056, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 1015 (H.B. 3424 ), Sec. 1, eff. September 1, 2023.