| (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.
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| Source Note: The provisions of this §35.7 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026; amended to be effective March 7, 2024, 49 TexReg 1284 |
