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.
Structure Texas Statutes
Title 10 - Occupations Related to Law Enforcement and Security
Chapter 1702 - Private Security
Subchapter P. Penalties and Enforcement Provisions
Section 1702.381. Civil Penalty
Section 1702.383. Action for Civil Penalty or Injunction
Section 1702.3835. Deceptive Trade Practice
Section 1702.384. Falsification of Certain Documents; Offense
Section 1702.3841. Insufficient Insurance Coverage; Offense
Section 1702.386. Unauthorized Employment; Offense
Section 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense
Section 1702.3867. Execution of Capias or Arrest Warrant; Offense
Section 1702.387. Failure to Surrender Certain Documents; Offense
Section 1702.3875. Impersonating Security Officer; Offense
Section 1702.3876. Impersonating Private Investigator; Offense