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:
(1)  enter a residence without the consent of the occupants;
(2)  execute the capias or warrant without written authorization from the surety;
(3)  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
(4)  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:
(1)  if the arrest is made in the county in which the capias or warrant was issued:
(A)  the county jail for that county if:
(i)  the offense is a Class A or Class B misdemeanor or a felony;  or
(ii)  the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county;  or
(B)  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
(2)  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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.674(a), eff. Sept. 1, 2001.