37 Tex. Admin. Code § 35.10 - Execution of Capias or Arrest Warrant

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

(1) enter a residence without the consent of the occupants;

(2) 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;

(3) 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;

(4) brandish, point, exhibit, or otherwise display a firearm at any time, except as otherwise authorized by law or this chapter;

(5) execute the capias or warrant without written authorization from the surety; or

(6) notwithstanding Penal Code, § 9.51, use deadly force.

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

(1) wear the security officer uniform issued by the employing company; and

(2) if armed, carry the handgun openly, in a holster.

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

(1) wear a uniform or other apparel with the intention of creating the impression of being a security officer or peace officer; or

(2) openly carry a handgun, notwithstanding being licensed under Subchapter H, Chapter 411, Government Code or otherwise authorized under state law to possess a firearm.

Notes

37 Tex. Admin. Code § 35.10

The provisions of this §35.10 adopted to be effective May 6, 2014, 39 TexReg 3606; Repealed by Texas Register, Volume 44, Number 51, December 20, 2019, TexReg 8027, eff. 12/29/2019; Adopted by Texas Register, Volume 47, Number 01, January 7, 2022, TexReg 0031, eff. 1/10/2022