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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 35PRIVATE SECURITY
SUBCHAPTER AGENERAL PROVISIONS
RULE §35.10Execution 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.


Source Note: The provisions of this §35.10 adopted to be effective January 10, 2022, 47 TexReg 30

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