Occupations Code section 1702.169, which says:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:
(1) the security officer is:
(A) engaged in the performance of duties as a security officer; or
(B) traveling to or from the place of assignment;
(2) the security officer wears a distinctive uniform indicating that the individual is a security officer; and
(3) the firearm is in plain view.
A private investigator is a type of commissioned security officer in Texas.
That is incorrect. I am in the process of starting my own PI firm to work child abuse/custody cases. A private investigator can carry a concealed handgun if they are CHL and have the required insurance. The following is from the DPS website reference this very issue. http://www.txdps.state.tx.us/RSD/PSB/La ... in_sum.htm
The Private Security Act addresses the carrying of firearms by security officers. It limits the carrying of firearms to those security officers who hold a commission as a security officer or as a personal protection officer. See Tex. Occ. Code §1702.161; §1702.206. Non-commissioned security officers are prohibited from carrying a firearm while on duty. See Tex. Occ. Code §1702.161(b).
The Concealed Handgun Statute expressly provides that a CHL does not exempt a licensed security officer from the duty to comply with Chapter 1702 or the Penal Code. Tex. Gov. Code §411.200. A security officer who holds a CHL must comply with the above provisions while on duty. This means that while on duty a non-commissioned officer cannot possess a handgun.
The statute does not regulate the possession of firearms by those who are not employed as security officers. The possession of firearms by locksmiths, alarm sales persons or installers, or private investigators, is not regulated by the Private Security Act but by Chapter 46 of the Penal Code. A private investigator, locksmith, alarm installer, etc., who provides no security or personal protection services need not be licensed as a commissioned officer or personal protection officer and may carry under the authority of a CHL.
It has been suggested that Chapter 1702’s insurance requirement is relevant to this analysis, such that a CHL-holding private investigator can carry concealed while providing investigative services only if he or she were to obtain the statutorily-required commercial liability insurance. However, the Private Security Act does not regulate the possession of firearms by private investigators and there is no license for a “commissioned private investigator.” The statute’s insurance requirement can only apply to services that are regulated under the statute.