How security licensing works in Texas
The Texas Department of Public Safety (DPS) licenses security officers through its Private Security Program. The law is Texas Occupations Code Chapter 1702, and the DPS rules are in Title 37, Chapter 35 of the Texas Administrative Code.
| License | Who it is for | Training |
|---|---|---|
| Noncommissioned security officer | Unarmed officers | Level II |
| Commissioned security officer | Armed officers | Level II and Level III (45 hours minimum, with a test and course of fire) |
| Personal protection officer | Bodyguards | Levels II, III and IV (Level IV is 15 hours minimum, with a test) |
You must be licensed before you do any security work, paid or unpaid. Your training certificate is sent to DPS with your application.
The Level II course and exam
Level II is required for every applicant for a noncommissioned license or a security officer commission. It must be taught from the most current DPS Level II training course manual.
- It may be taught by a licensed company's designee, or by a DPS-approved school with a DPS-approved instructor.
- Some providers offer it online. TEEX, a state agency, lists its online course at 6 hours.
- The course ends with a final exam that you must pass.
- When you finish, you get a certificate of completion for your DPS application.
The course covers the role and responsibilities of security officers, the legal side of security work, security communications and how to respond to emergencies and safety hazards.
Exemptions
- A Texas peace officer who honorably retired within the past two years may be exempted from Levels II and III, with proof and a sworn affidavit.
- A full-time, TCOLE-certified peace officer may be exempted from Level III only. They must still complete Level II.
Renewals and continuing education
- You cannot submit a renewal until you have earned the required continuing education hours from a DPS-approved school.
- Your employer keeps proof of your continuing education in your personnel file.
- Commissioned and personal protection officers need 6 hours of continuing education taught at a licensed Level III school.
- Commissioned officers must also send a firearms proficiency certificate, with proficiency shown within 90 days of the renewal application.
Texas law every officer should know
A security license does not make you a peace officer. Your powers come from the same laws that apply to every private person.
Arrest without a warrant
Under Code of Criminal Procedure article 14.01(a), a peace officer or any other person may arrest without a warrant when an offense is committed in their presence or view, but only if it is a felony or an offense against the public peace.
Force
Penal Code section 9.51(b) lets a private person use force to make a lawful arrest only when and to the degree they reasonably believe it is immediately necessary. They must reasonably believe the arrest is lawful. Before using force, they must make known their purpose and the reason for the arrest, unless they reasonably believe these are already known.
Force must match the situation and stop when the need for it ends.
- The threat faced
- Whether force was needed at that moment
- Proportionality: force in balance with the threat
- Other options that could have been used
- The aftermath and the duty of care
Penal Code section 9.43 can allow force to protect the property of another person, for example when you have a legal duty to protect it, but only where force would be justified to protect your own property under sections 9.41 or 9.42.
Detaining suspected shoplifters
Under Civil Practice and Remedies Code section 124.001, a person who reasonably believes someone has stolen or is trying to steal property may detain them in a reasonable manner and for a reasonable time to investigate ownership of the property.
Trespass
Penal Code section 30.05 makes it criminal trespass to enter or stay on property after receiving notice that entry is forbidden. Notice can be given by telling the person orally or in writing, by fencing, by posted signs, and by certain purple paint marks.
Putting it together on the job
Your main tools are observation, a visible presence and clear reports.
- Observe: watch people, places and activity carefully
- Deter: a visible, alert officer discourages crime
- Report: pass on what you see by radio, phone or written report
Most Level II questions are practical. Be visible, watch carefully, write clear reports, and call the police when a crime happens. Use force only as a last resort and only as much as the law allows.