2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.364. Summary Actions

Sec. 1702.364.  SUMMARY ACTIONS.  (a)  On receiving written notice from a law enforcement agency that a person has been charged with or convicted of an offense that would make the person ineligible for a license or security officer commission under Section 1702.113 or 1702.163, or a rule adopted under Section 1702.004(b), the commission shall:
(1)  summarily deny the person's application for a license or security officer commission;
(2)  in the event of pending charges, summarily suspend the person's license or security officer commission; or
(3)  in the event of a conviction, summarily revoke the person's license or security officer commission.
(b)  To initiate a proceeding to take action under Subsection (a), the department must serve notice to the person.  The notice must:
(1)  inform the person of the person's right to a hearing before the department or the department's designee;
(2)  state the basis for the summary action; and
(3)  be personally served on the person or the person's authorized representative, or sent to the person by certified or registered mail, return receipt requested, to the person's mailing address as it appears in the department's records.
(c)  The action is effective at the time notice is served.  The person shall immediately surrender to the department any security officer commission, pocket card, or other form of identification issued by the department.
(d)  At a hearing under this section, the person must show cause why:
(1)  the application should not have been denied;
(2)  the license or security officer commission should not have been suspended; or
(3)  the license or commission should not have been revoked.
(e)  Chapter 2001, Government Code, applies to a proceeding under this section for the summary denial of an application for or the summary suspension or revocation of a license or security officer commission.
(f)  The dismissal of a complaint, information, or indictment or an acquittal releases the person from automatic grounds for a summary denial of an application or summary suspension of a license or security officer commission under this section.  A conviction for the offense giving rise to a summary suspension is automatic grounds for immediate, summary revocation.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(37), eff. September 1, 2019.
(h)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(37), eff. September 1, 2019.
(i)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(37), eff. September 1, 2019.
(j)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(8), eff. September 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.663, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 19, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.90, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.102(8), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 13, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.102, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(37), eff. September 1, 2019.