Texas Commissioned Security Officers
The Texas Commissioned Security Officer is a weapon-carrying guard on patrol at the premises or property and assets of another. That guardianship is established by an employer-employee relationship or contractual agreement. This form of security officer has undergone an additional level of training and certification. Familiarity with the law, rules, and procedures is critical because there is no excuse for ignorance of the law.
These officers may be known as Level III or Level IV guards, or certified peace officers in other states, such as armed security officer in California. Therefore, they are called "commissioned" officers when they leave the police academy or training center after achieving certification.
The employer must hold a security firm license from the Texas Department of Public Safety, Private Security Bureau, or other legal authority, such as local law enforcement agencies. Municipalities and county sheriff’s offices, for example, often have licensing requirements to hire armed security officers to patrol businesses and properties owned by private owners. Many higher-end commercial landlords and venues will require security officer training, including certification, before hiring armed security officers. Facilities that serve alcohol or are attractive to criminal behavior often require these officers to complete training on the use of firearms and physical self-defense .
If the security officer or a peace officer leaves the immediate area of responsibility or authority, then that officer is acting as a private citizen without any statutory or regulatory protection. Police and security officers have much broader authority to detain and arrest, to carry weapons in public, and to use more force than civilians. In Texas, security officers are regulated by the state and licensed by the Department of Public Safety, Private Security Bureau.
State law in Texas requires that these officers have extensive training, including testing and certification for carrying and using firearms. Texas Government Code Section 1702.304 requires these officers to complete 40 hours of training and 20 hours of testing to become certified as a Level III or Level IV private security officer. The 40 hours of training must include all syllabi mandated by §1702.159(a)(3) and §1702.159(a)(4).
These officers are authorized to carry and use lethal and non-lethal weapons with a license to carry a concealed handgun under Texas law. However, a person licensed under Texas Government Code § 411.173 may not carry a handgun on a property owned or leased by a government entity or a private location that does not allow licensed concealed carry. The DPS or other appropriate local authority maintains a record of each commissioned security licensed by the state.
Commissioned Officers’ Licensure
To serve as a commissioned security officer in Texas, you need to meet several licensing requirements, which are administered by the Texas Department of Private Security. In addition to acquiring your Commissioned Security Officer (CSO) license, you also need to hold a Security Officer Commission.
If you want to apply for a CSO license you first need to pass the Level III Commissioned Security Officer Examination. This exam tests your knowledge of various topics such as: laws and regulations that apply to public and private police officers, private security service contracts, use of force, self-defense, conflict avoidance, emergency procedures and other matters.
In order to pass the Level III test, you must receive a score of 70 percent of higher. If you fail, you are able to retake the exam up to five times during a 90-day period. The various written guidelines for taking the exam are set forth in the Texas Administrative Code Title 37, Part 21, Chapter 181, Subchapter J.
Once you pass the Level III Security Officer examination and are accepted into the security officer commission program, you are required to undergo a psychological evaluation as well as a criminal history background check. The latter requires you to furnish a complete set of fingerprints.
If you have grounds for concern about any previous criminal charges, you should be aware that the regulations governing commissioned security officers allow for discretion when it comes to issuing a license. Even with a relevant conviction that occurred years ago, you may not receive your security officer license. Getting a satisfactory response on your criminal history check can be very important.
Another of the requirements for commissioned security officers is completing a 40-hour peace officer firearms training course. You must also complete CPR training and take part in a 6-hour training class on use of force and de-escalation procedures. Those in the CSO program are required to complete a total 46 hours of training prior to beginning to work as a commissioned officer. You will also have to undergo annual requalification with your firearm.
Once you are accepted into the CSO program you have to then apply for a gun proficiency certificate. This involves both completing the 46 hours of training mentioned in the previous paragraph, along with the approval of your handgun proficiency course instructor. This instructor has to hold a Texas Department of Public Safety handgun proficiency instructor’s certification.
If you are currently licensed in Texas as a private investigator, or have ever been licensed as one, you should know that you need to provide documentation showing that you have successfully undergone the necessary training to be part of the CSO program. You are also required to send in documentation of passing the Level III exam required for security officers once you hold a firearms proficiency document.
Training Requirements and Standards
Requirements under Texas Commissioned Security Officer Rules
Pursuant to the rules adopted by the Texas Commission on Private Security, a person applying for a commissioned security officer license must successfully complete a basic training program approved by the state administrator, consisting of a minimum of forty (40) hours of classroom instruction in the following areas: A person who has successfully completed an officer commission examination and has been licensed as a commissioned security officer by the state administrator (as a result of completing a 150-hour course of instruction for Level IV Texas Private Security License) is not required to repeat the basic training program, but shall be required to complete an initial course of instruction in first aid and cardiopulmonary resuscitation certified by the American Red Cross, American Heart Association, or other state approved entity. A person licensed as a commissioned security officer shall complete a total of annually of forty (40) hours continuing education. Continuing education requirements must be completed by the end of a one year period from the last day of initial training or any previous continuing education. The forty hours of continuing education may include courses in first aid and cardiopulmonary resuscitation, laws and regulations, defensive tactics, criminal investigations, emergency procedures, civil process, investigations, first aid, firearm proficiency training, safety and security procedures, navigating through buildings or other facilities, communications with 9-1-1 or law enforcement dispatchers, or other commission approved topics. At least six of the forty hours of continuing education must be in laws and regulations, firearm proficiency training, use of force, or a topic that enhances the ability of a commissioned security officer to perform their duties. If a commissioned security officer’s continuing education is not current at the time of renewal, the individual is not eligible to receive a license until the individual has completed the required continuing education. The continuing education requirement may not be waived for a commissioned security officer who has failed to complete the required continued education for the previous license period. Failure to complete the continuing education requirements prior to license expiration renders the individual ineligible to renew his/her license and subject to late fees, as established by the state administrator, unless the individual is within ninety (90) days of the initial expiration date of the individual’s license. Courses and examinations used to satisfy educational requirements must be state-approved by the commission and, unless exempted by the state administrator, all firearms proficiency qualifications must be conducted by an active peace officer, qualified retired peace officer, instructor licensed to train peace officers, or firearms instructor licensed by the commission. If the state approves a less than forty hour intermediate level continuing education course, the continuing education clock hour requirements for the course shall be equal to either the Department of Defense, United States Army Reserves or National Guard, or Texas Army National Guard Special Qualifications Course clock hour limitations, whichever is lower.
Firearms and Weapon Regulations
The Commissioned Security Officier Rules are published in Chapter 217 of the Texas Administrative Code. That chapter deals with firearm acquisition and use, including training and proficiency.
Section 217.20 of Chapter 217 concerns firearms. It is a lengthy section that contains several provisions, such as:
(a) unless otherwise exempted by these rules, any individual who is licensed as a Level III Security Officer, who carries a firearm while on duty or off duty, shall be licensed to do so by the Texas Department of Public Safety and attend a training program and pass a written examination.
(b) unless otherwise exempted by these rules, any individual who is licensed as a Level IV Security officer, who carries a firearm while on duty or off duty, shall be licensed to do so by the Texas Department of Public Safety and attend a training program, pass a written examination, qualify on each type of weapon carried and meet the minimum certification requirements of the Private Security Board.
(c) a Level II or Level III Security Officer serving as an Armed Security Officer shall file the necessary application forms and pay a fee established by the Private Security Board to the DPS to hold a pistol in an official capacity.
(d) an individual who is licensed as a personal protection officer shall file the necessary application forms and pay a fee established by the private security Board to the DPS to hold a firearm in an official capacity.
Standards of Conduct and Duties
A Texas Commissioned Security Officer (CSO) has the power to lawfully exert force against another through the performance of their duties and responsibilities as specified in Texas Occupations Code Chapter 1702 that govern the State’s Security Services Industry; however, they are strictly limited to those authorities under Chapter 1702 of the Occupations Code. While a CSO has certain authorities, they must also be held accountable for their actions. The Commission and Security Service Company have rules and regulations that govern the conduct of CSOs in the performance of their duties and responsibilities. This information is found in the Rules at Title 37, Part 7, and rules and regulations of each municipality that an Individual or entity may be licensed by to perform security services. Simply put, CSOs are held to a higher standard of conduct in the performance of their duties than any other citizen , and must go above and beyond in the furtherance of their duties to protect and serve the community.
As a commission regulated occupation, CSOs have a duty to comply with Texas laws and the rules outlined in Title 37, Part 7, and the rules and regulations of the individual municipality or jurisdiction. Additionally, they have a duty to protect the public and further the mission of whatever employer they are hired by. As a member of the security industry, a CSO is expected to set the best example possible for fellow security officers employed in the security industry. Many Security Service Companies have their own rules and regulations, training standards, and ethical guidelines that a CSO must adhere to while on duty. CSOs must be mindful that their scope of authority is not only limited to what is outlined in Title 37, Part 7, they must also follow the rules of their employer and the jurisdiction they are assigned.
Violations and Penalties
Enforcement of the rules concerning Commission Security Officers is a multi-step process that begins at the level of the security company. Texas Occupations Code Section 1702.065 identifies the responsibility of a business that employs commissioned security officers. Simply stated, the business must train each commissioned employee regarding the rules and regulations that apply to those individuals. In addition to training, the statute requires that the business provide each employee an "employee handbook or manual" concerning these rules. This is an opportunity to communicate the legal requirements for carrying a firearm, giving first aid, and intervening in domestic violence situations.
One obvious violation is providing the employee with an incomplete or inaccurate handbook or manual. It is also possible that an employer could have an excellent handbook and still be cited for a lack of proper training. What if a security officer with a Defensive Handgun proficiency seal misrepresents his proficiency and is later issued a citation? What if an employee leaves home with a loaded firearm that is unnecessary for their particular assignment? What if the company fails to properly implement a firearms range program? All of these examples are cited in Texas Administrative Code Title 37, Chapter 1701, SubChapter B, Rule 217.11 and Reason Codes 18-1, 18-10, 18-6 and 18-11.
Any time an agency representative encounters an alleged violation of any rule, they will issue an Administrative Violation Notice (AVN) or "Form D" citation. The penalty for such an AVN is a monetary penalty not to exceed $1,000.00 for each violation. The procedures for contesting such a citation are laid out in Rule 225.1 (Title 37, Chapter 217). It is important to remember that just because an employee contests an AVN, this does not excuse timely payment of the fine, nor does it avoid the suspension or revocation of a company license or an individual proficiency certificate.
Emerging Issues and Trends
As with all government regulations, after The Act was passed in 2001, legislative and administrative changes continued to take place. Section 1702.1055, Texas Occupations Code ("Chapter 1702") was added in 2011 dealing with burglar alarm systems monitoring services. That statute requires certain licensed businesses to have on their premises a commissioned security officer as its manager. Not only do the managers need a commission license, they also must receive specific additional training as provided by rules adopted under Chapter 1702. Such rules were implemented and all qualified persons had to comply by December 1, 2016.
More recently, legislative changes resulted in the adoption of new rules by the Commission. These rules are Committee Substitute House Bill 2365 (H.B. 2365), which went into effect in February of 2019. Section 1702.113, Texas Occupation Code, (Chapter 1702) was amended to require that a license holder submit to psychological testing. Commission staff determined that the new rule applies to all commissioned licenses, including private security companies under section 1702.162, and personal protection officer licensees under section 1702.163.
Another change was made to Section 53.0241, Texas Occupations Code (the "Occupations Code"). This amendment allows the Commission to deny an application for a license, certificate, registration, or other authorization issued under Chapter 1702 if it is found that the applicant has a criminal record or history of poor conduct . This amendment provided conviction history information or evidence of poor conduct, of the applicant, regarding a license or registration held in another state in deciding whether to grant an application for a license, registration, or other authorization in Texas.
There has also been a trend in contempt citations being issued by administrative law judges. While each case is fact specific, one common thread is the failing of a company to maintain complete and accurate records concerning each of its commissioned security officers and/or holding its RSD responsible for failing to do so as its commissioner employee.
Industry technology continues to drive responsible action by the security officer industry, in turn systems should be available to help ensure compliance with current laws. There have been some recent attempts to provide a "one stop shop" mechanism for security companies to obtain licensure for commissioned security officers. To date, those attempts have failed.
Another development that we expect to see in the coming months is the implementation of mandatory body cameras. While Texas law, chapter 1702, does not yet mandate the use of body cameras for commissioned security officer businesses, some Texas companies have begun implementing these devices. Such devices are expected to increase the safety of security officers and civilians alike, with obvious positive results.