§ 1702.361 — DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.

Texas § 1702.361

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1702.361. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS. (a) The commission, for conduct described by Subsection (b), may:
(1) deny an application or revoke, suspend, or refuse to renew a license or security officer commission;
(2) reprimand a license holder or commissioned security officer; or
(3) place on probation a person whose license or security officer commission has been suspended.
(b) The commission shall take disciplinary action described by Subsection (a) on proof:
(1) that the applicant, license holder, majority owner of a license holder, or commissioned security officer has:
(A) violated this chapter or a rule adopted under this chapter;
(B) become ineligible for licensure or a security officer commission under Section 1702.163 , if applicable, other than an action for which the department has taken summary action under Section 1702.364 ;
(C) engaged in fraud, deceit, or misrepresentation;
(D) made a material misstatement in an application for or renewal of a license or commission;
(E) failed to pay in full an administrative penalty assessed under Subchapter R , Chapter 411 , Government Code, for which the commission has issued a final order; or
(F) performed any service for which an individual license is required under this chapter and either:
(i) was not employed with a company licensed under this chapter at the time the service was performed; or
(ii) performed the service for a company licensed under this chapter that was not listed on the individual's individual license without informing the department of the individual's employment with the company within a reasonable period; or
(2) that the company license holder employing an individual license holder or commissioned security officer has submitted to the department sufficient evidence that the individual license holder or commissioned security officer:
(A) engaged in fraud or deceit while employed by the company license holder; or
(B) committed theft while performing work as an individual license holder or commissioned security officer.
(c) The commission may place on probation a person whose license is suspended. If a person's suspension of a license is probated, the commission may require the person:
(1) to report regularly to the department on matters that are the basis of the suspension;
(2) to limit practice to the areas prescribed by the commission; or
(3) to continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
(d) The commission may revoke a license or security officer commission if the person holding that credential under this chapter submits payment of a fee or penalty that is returned for insufficient funds and the person has received notice and an opportunity to provide payment in full.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.659, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833 ), Sec. 17, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4.87, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4B.18, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433 ), Sec. 12, eff. June 14, 2013. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 5.100, eff. September 1, 2019.