Updated: March 7, 2022
Administrative Rule §35.10. Execution of Capias or Arrest Warrant (Effective January 10, 2022).
(a) 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.
(b) 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.
(c) 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.
Updated: September 1, 2021
Occupations Code, Sec. 1702.3876. Impersonating Private Investigator; Offense. (As amended by HB 1400, 87th Leg. Regular Session, effective September 1, 2021.)
- A person commits an offense if the person: (1) 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 (2) knowingly purports to exercise any function that requires licensure as a private investigator.
- An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.
Updated: September 1, 2019
Occupations Code, Sec. 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense. (As amended by SB 616, 86th Leg. Session, effective September 1, 2019.)
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
- A peace officer;
- An individual licensed as a private investigator; or
- A commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.
Occupations Code, Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.
(a) A private investigator 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;
- Execute the capias or warrant without written authorization from the surety;
- Wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
- Notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
- If the arrest is made in the county in which the capias or warrant was issued:
- The county jail for that county if:
- The offense is a Class A or Class B misdemeanor or a felony; or
- The offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
- The municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
- The county jail for that county if:
- If the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.
Occupations Code, Sec. 1702.365. Abduction Of Child. (As amended by SB 616 (86th Leg. Sess.), effective September 1, 2019.)
The commission shall revoke a person's license, or security officer commission or deny a person's application for, or renewal of, a license, or security officer commission on proof that the person or an agent of the person has, after the date of application for a license, or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:
- Has custody or physical possession of the child under a court order; or
- Is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.
Occupations Code, Sec. 1702.388. Violation Of Chapter; Offense. (As amended by SB 616 (86th Leg. Sess.), effective September 1, 2019.)
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, certificate of insurance, or commission that the person is required to hold under this chapter.