(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