Actions Against Violators
The Department may take actions against persons including administrative, civil and criminal actions. The following escalates with the severity of the violations (OCP 1702.061 ).
Reprimand: A reprimand results in an official record being made of s violation with admonishment to cease any further violation. The violator may be allowed to continue work if his company so desires.
Probation: Probation involved a finding of wrongful doing and a period of time during which the violator must not commit any violation. The violator may be allowed to continue work if his company so desires.
Suspension and /or a Fine: Suspension means that a person who was found to have committed a violation must cease employment in a position requiring registration, commissioning, or licensing until the period of time for the suspension has passed and application for reinstatement has been made. A person may be fined as well. Sometimes, the opportunity to pay a fine instead of being suspended is offered. The fine must be paid before the suspension goes into effect or the person must cease work until the suspension is over.
Revocation: Revocation means the loss of all privileges associated with a commission, registration, or license and that any further work requiring them is a criminal violation.
Summery Suspension/ Summary Denial: The Department may summarily (immediately) suspend or deny a person’s license as a result of certain violations. Refer to OC 1702.364, 1702.371, 1702.113, and 1702.3615.
Criminal Charges: The Department has the authority to license its investigative employees as a peace officer and does so. The Department can and will file criminal against individuals and companies committing criminal offenses. It is a crime for a security company to operate without a license, if they are found to be guilty; they have committed a Class A Misdemeanor.
Definitions are from the Occupations Code Chapter 1702
The word “Department“, means the Department of Public Safety of the State of Texas.
Person: includes an individual, firm, association, company, partnership, Corporation, nonprofit, organization, institution, or similar entity.
Guard Company: A person acts as a guard company for the purposes of this chapter if the person employs an individual described by section 1702.323(d), applies to an individual described by subsection (a) who in the course of employment comes into contact with the public who wears a uniform, any type of badge, a patch or apparel containing the word security or a substantially similar word that would intended to or is likely to create the impression that the individual is performing security services, or performs a duty described by section 1702.222 or 1702.108. ;or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:
(1) Prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;
(2) Prevent, observe, or detect, unauthorized activity on private property;
(3) Control regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;
(4) Protect an individual from bodily harm including through the use of a personal protection officer; or
(5) Perform a function similar to a function listed in this section.
Security Services Contractor: means a person who performs the activities described by Section 1702.102;
Scope of License
(a) Unless the person holds a license as a security services contractor, a person may not
(1) Act as an alarm systems company, armored car company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;
Firearm: means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Peace Officer: refer to police officers, sheriffs, marshals, constables, rangers etc. as described in Art. 2.12. Texas Code of Criminal Procedures.