TPS Legal Aspects and Liability 3 — Questions and Answers
Question 1: Which Texas state agency licenses and regulates private security companies and individual security officers under the Texas Private Security Act?
- Texas Department of Public Safety (DPS)
- Texas Commission on Law Enforcement (TCOLE)
- Texas Department of Licensing and Regulation (TDLR) (Correct answer)
- Texas Attorney General's Office
Correct answer: Texas Department of Licensing and Regulation (TDLR)
TDLR administers Chapter 1702 of the Texas Occupations Code, which is the Texas Private Security Act governing security companies and officers.
Question 2: Compared to a sworn Texas peace officer, a licensed private security officer has:
- The same arrest powers while on duty at a licensed premises
- Greater authority on private property with the client's permission
- No more legal authority than any ordinary private citizen (Correct answer)
- Authority delegated by the county sheriff to the security license holder
Correct answer: No more legal authority than any ordinary private citizen
A security license authorizes someone to work in the security industry but grants no special law enforcement powers beyond those available to any Texas citizen.
Question 3: Under the Texas Private Security Act, operating a private security company without a license is classified as:
- A civil infraction subject only to fines
- A Class C misdemeanor
- A Class A misdemeanor
- A state jail felony (Correct answer)
Correct answer: A state jail felony
Chapter 1702 of the Texas Occupations Code makes operating an unlicensed private security company a state jail felony, reflecting the seriousness of unregulated security operations.
Question 4: A private security officer who personally witnesses a felony being committed may lawfully:
- Use any amount of force necessary to immediately stop the commission of the felony
- Arrest the person for any misdemeanor as well as any felony
- Make a citizen's arrest using only the force reasonably necessary (Correct answer)
- Detain the suspect for up to 72 hours pending investigation
Correct answer: Make a citizen's arrest using only the force reasonably necessary
Texas law permits any person — including security officers — to make a citizen's arrest when a felony is committed in their presence, using only reasonable force.
Question 5: A property owner asks a security officer to remove a trespasser who verbally refuses to leave. The officer's best course of action is to:
- Immediately use physical force to remove the trespasser from the property
- Inform the person they are trespassing and call law enforcement if they refuse to comply (Correct answer)
- Handcuff the trespasser and hold them until management decides what to do
- File a civil trespass lawsuit on behalf of the property owner
Correct answer: Inform the person they are trespassing and call law enforcement if they refuse to comply
Security officers may verbally inform trespassers of their violation, but physical removal of a non-compliant person should involve law enforcement to avoid excessive force claims.
Question 6: A contract provision requiring a security officer to conduct warrantless searches of all employees' personal belongings as a condition of employment would be:
- Enforceable if both the client and security company sign the contract
- Enforceable only with written consent from each affected employee
- Void and unenforceable as against public policy if it violates applicable law (Correct answer)
- Valid if reviewed and approved by an attorney
Correct answer: Void and unenforceable as against public policy if it violates applicable law
Contractual provisions that require illegal conduct are void under Texas law regardless of what the parties have agreed to, as courts will not enforce illegal contract terms.
Question 7: Texas law requires private security companies to carry general liability insurance primarily to:
- Shield the security company owners from all personal liability
- Ensure injured third parties have a source of compensation for covered claims (Correct answer)
- Satisfy an annual fee requirement imposed by TDLR
- Prevent security officers from filing personal injury lawsuits against the company
Correct answer: Ensure injured third parties have a source of compensation for covered claims
Mandatory liability insurance ensures that members of the public who are harmed by a security company's operations have a financial source of compensation.
TPS Legal Aspects and Liability 3
Which Texas state agency licenses and regulates private security companies and individual security officers under the Texas Private Security Act?