(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 § 1702.113 or 1702.163, or a rule adopted under § 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.

Terms Used In Texas Occupations Code 1702.364

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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
  • Rule: includes regulation. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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