L3R – 3.6 Employment of Commissioned Security Officers by Certain Persons

Employment of Commissioned Security Officers by Certain Persons

I     Termination of Employment as Commissioned Security Officer

The holder of a security officer commission who terminates employment with one employer may transfer the individual’s commission to a new employer if, not later than the 14th day after the date the individual begins the new employment, the new employer notifies the department of the transfer of employment on a form prescribed by the department, accompanied by payment of the employee information update fee.

II        Unauthorized Contract with Bail Bonds

A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by TOC §1704 to secure the appearance of a person who has violated PC 38.10, unless the person is:

  • a peace officer;
    • an individual licensed as a private investigator; or
    • commissioned security officer employed by a licensed guard company.

An offense under this section is a state jail felony.

III     Execution of Capias or Arrest Warrant

A private investigator or commissioned security officer executing a capias or an arrest warrant on behalf of a bail bond surety may not:

  • enter a residence without the consent of the occupants;
  • fail to clearly identify themselves, both orally and by displaying their pocket card, as a private security officer or private investigator, as applicable, working on behalf of a bail bond surety;wear, carry, or display any apparel, uniform, badge, shield, or other insignia or emblem that gives the impression that the private investigator or commissioned security officer is a peace officer;
  • brandish, point, exhibit, or otherwise display a firearm at any time, except as otherwise authorized by law or this chapter;
  • execute the capias or warrant without written authorization from the surety; or
  • notwithstanding Section 9.51, Penal Code, use deadly force.

A commissioned security officer executing a capias or arrest warrant shall:

  • wear the security officer uniform issued by the employing company; and
  • if armed, carry the handgun openly, in a holster.

A private investigator executing a capias or arrest warrant may not:

  • wear a uniform or other apparel with the intention of creating the impression of being a security officer or peace officer; or
  • openly carry a handgun, notwithstanding being licensed under Subchapter H, Chapter 411, Government Code or otherwise authorized under state law to possess a firearm.

IV    Impersonating a Security Officer

A person commits an offense if the person impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts of a security officer; or knowingly purports to exercise any function that requires licensure as a noncommissioned security officer or a security officer commission. An offense under this section is a Class A misdemeanor.

V     Impersonating a Private Investigator

A person impersonates a private investigator with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts of a private investigator or knowingly purports to exercise any function that requires licensure as a private investigator. This offense is a Class A misdemeanor, except if the defendant has been previously convicted it is a third-degree felony.