§ 1702.282 — CRIMINAL HISTORY CHECK.

Texas § 1702.282

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) The department shall conduct a criminal history check, including a check of any criminal history record information maintained by the Federal Bureau of Investigation, in the manner provided by Subchapter F , Chapter 411 , Government Code, on each applicant for a license or security officer commission issued under this chapter. As part of its criminal history check, the department may request that the applicant provide certified copies of relevant court documents or other records. The failure to provide the requested records within a reasonable time as determined by the department may result in the application being considered incomplete. An applicant is not eligible for a license or security officer commission issued under this chapter if the check reveals that the applicant has committed an act that constitutes grounds for the denial of the license or commission. Except as provided by Subsection (d), each applicant shall submit at the time of application, including an application for the renewal of a license or security officer commission issued under this chapter, fingerprints in the manner prescribed by the department accompanied by the fee set by the commission.
(b) Before beginning employment as a commissioned security officer, the applicant must be approved by the department based on the results of the check under Subsection (a). To continue employment in a capacity regulated under this chapter other than as a commissioned security officer, the applicant must be approved by the department based on the results of the check under Subsection (a) not later than the 120th day after the date the applicant begins employment in that capacity.
(c) A license or security officer commission issued by the department is conditional on the department's review of criminal history record information.
(d) An applicant who is a peace officer is not required to submit fingerprints with the applicant's application. On request, the law enforcement agency or other entity that employs the peace officer or the entity that maintains the peace officer's fingerprints shall provide the fingerprints for the peace officer to the department. The applicant shall provide sufficient information to the department to enable the department to obtain the fingerprints under this subsection.
(e) On receipt of notice that a check of the applicant's criminal record has uncovered an unresolved and potentially disqualifying arrest that occurred before the 10th anniversary of the date the application is filed, the applicant must provide a letter of reference from the county sheriff, prosecuting attorney, or judge of the county in which the applicant was arrested stating that a record of a disposition related to the arrest does not exist, and to the best of the county sheriff's, prosecuting attorney's, or judge's knowledge the applicant is free of any disqualifying convictions. If the applicant fails to provide either the letter of reference or documentary proof of the final disposition of the arrest, the application is considered incomplete and the applicant may not be issued a license or security officer commission under this chapter.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.645(a), eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132 ), Sec. 1.02, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303 ), Sec. 6, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833 ), Sec. 13, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4.75, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4B.15, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433 ), Sec. 8, eff. June 14, 2013. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 5.085, eff. September 1, 2019.