Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.4 - Guidelines for Disqualifying Criminal Offenses

Current through Reg. 49, No. 28; July 12, 2024
(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.