37 Tex. Admin. Code § 35.7 - Firearm Standards

(a) Commissioned security officers and personal protection officers may only carry firearms of a category recognized in subsection (b) of this section, and only if:

(1) The commissioned security officers and personal protection officers have been formally trained in the use of the specific category of firearm being carried as required under the Act and this chapter; and

(2) The commissioned security officers and personal protection officers have submitted documentation of the required training to the department (unless authorized under subsection (h) of this section).

(b) The recognized firearm categories are:

(1) SA--Any handgun, whether semi-automatic or not;

(2) NSA--Handguns that are not semi-automatic; and

(3) STG--Shotgun.

(c) Commissioned security officers and personal protection officers must exercise care and sound judgment in the use and storage of their firearms.

(d) No security officer or personal protection officer may carry an inoperative, unsafe, replica, or simulated firearm in the course and scope of employment or while in uniform.

(e) No security officer or personal protection officer may brandish, point, exhibit, or otherwise display a firearm at any time, except as authorized by law.

(f) The discharge of a firearm by a commissioned security officer or personal protection officer while on duty or otherwise acting or purporting to act under the authority of a security officer commission or personal protection officer license shall be immediately reported to the officer's employer. The employer must notify the department of the discharge of a firearm in writing within twenty-four (24) hours of the incident. The notification to the department must include:

(1) The name of the person discharging the firearm;

(2) The name of the employer;

(3) The location of the incident;

(4) A brief description of the incident;

(5) A statement reflecting whether death, personal injury, or property damage resulted; and

(6) The name of the investigating or arresting law enforcement agency, if applicable.

(g) Firearms may only be carried in a manner consistent with the department approved training curriculum in place at the time of the commissioned security officer's or the personal protection officer's training.

(h) Notwithstanding subsection (b) of this section, a licensed Texas peace officer or an honorably retired Texas peace officer may have access to a rifle while performing services as a commissioned security officer or personal protection officer. For purposes of this subsection, a retired Texas peace officer must have documentation of his or her status as honorably retired from his or her employing agency or the Texas Commission on Law Enforcement (TCOLE). For purposes of this section, "honorably retired" means the officer:

(1) Did not retire in lieu of a disciplinary action;

(2) Was eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and

(3) Is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.

Notes

37 Tex. Admin. Code § 35.7

The provisions of this §35.7 adopted to be effective May 6, 2014, 39 TexReg 3606; Amended by Texas Register, Volume 44, Number 51, December 20, 2019, TexReg 8026, eff. 12/29/2019; Amended by Texas Register, Volume 49, Number 09, March 1, 2024, TexReg 1284, eff. 3/7/2024