Texas Occupations Code 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 § 1702.163, if applicable, other than an action for which the department has taken summary action under § 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.
Terms Used In Texas Occupations Code 1702.361
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
(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.