PPO and CSO questions.

[spud]

I have been thinking about becoming a commissioned security officer or personal protection officer. Been looking over the laws and saw this :

Sec. 1702.206. CONCEALED FIREARMS. An individual acting as a personal protection officer may not carry a concealed firearm unless the officer:
(1) is engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer authorization is issued; an
(2) carries the officer's security officer commission and personal protection officer authorization on the officer's person while performing the officer's duties and presents the commission and authorization on request.


Now does a CHL trump this? Or is it invalid when im on the clock? Or am I just reading this wrong?

Thanks.

[txinvestigator]

I have been thinking about becoming a commissioned security officer or personal protection officer. Been looking over the laws and saw this :

Sec. 1702.206. CONCEALED FIREARMS. An individual acting as a personal protection officer may not carry a concealed firearm unless the officer:
(1) is engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer authorization is issued; an
(2) carries the officer's security officer commission and personal protection officer authorization on the officer's person while performing the officer's duties and presents the commission and authorization on request.


Now does a CHL trump this? Or is it invalid when im on the clock? Or am I just reading this wrong?

Thanks.

According to Texas Occupations Code section 1702, The Texas Administrative Code and Penal Code; if you are providing PPO services you must be registered with the Private Security Bureau as a PPO and commissioned officer.

If you only have a CHL, but are providing regulated services, you are committing a Class A misdemeanor.

There is no 'trumping', per se.

You would not be in violation of the CHL laws to have your concealed handgun with a CHL while performing PPO services, but you would be in violation of the law you posted.

Obtaining a PPO requires 46 hours of Training. That does not include CHL training. In addition to that, the requirements are more strict to be registered as a PPO than they are to receive a CHL. For example, a class A conviction is a permanent disqualifier for registration as a PPO, where with a CHL is is only a 5 year disqualifier.

I am a PSB combined instructor and licensed manager. If I can help any further I would be happy to.

[Chris]

the way i understand this is you are exempted from the restrictions imposed by a CHL when acting in an official capacity, BUT you must be in compliance with the requirements of the valid CHL. to get a clear definition, i'd call the private security commission and verify with them.

personally, i'd leave the CHL at home or in the car if i was going to carry in an official capacity. if you were in an on-duty shooting, you might have some exposure in a law suit for personal liability because there might be a question as to what capacity you were acting in.

§ 46.03. PLACES WEAPONS PROHIBITED.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes);

[spud]

I plan on taking all the classes and getting all the certs I need. Just going though everything getting all my ducks in a row. Just got stumped when I read that. I figured that they would not overlap. Thanks for the info.

[txinvestigator]

the way i understand this is you are exempted from the restrictions imposed by a CHL when acting in an official capacity, BUT you must be in compliance with the requirements of the valid CHL. to get a clear definition, i'd call the private security commission and verify with them.

personally, i'd leave the CHL at home or in the car if i was going to carry in an official capacity. if you were in an on-duty shooting, you might have some exposure in a law suit for personal liability because there might be a question as to what capacity you were acting in.

§ 46.03. PLACES WEAPONS PROHIBITED.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes);

Here is the way it works;

Your PPO is ONLY valid when you are working in that capacity actually protecting a person. It is not valid while traveling to or from your assignment, nor when you are not actually protecting your client.


Texas Penal Code 46.15
(b) Section 46.02 does not apply to a person who:

(5) holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;


(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Texas Civil Statutes);

Notice that a commissioned security officer is allowed to carry a weapon while traveling to or from assignment, but that is not authorized under the PPO section (7).

A PPO can only provide services for a company that he is registered under as a PPO.

The occupations code also requires that a licensed company must keep detailed records of the PPO assignments including hours, person protected, schedules,etc.

With a contract in place with the protectee and possessing the PSB issued Security Officer Commission and PPO Authorization, there is no need to not carry the CHL. In fact, while performing PPO duties the person is not carrying a handgun under authority of the Government Code 411 (h) (CHL laws), he is carrying under authority of the Texas Occupations Code, 1702.

However, the PPO is NOT covered while traveling to and from work. A CHL is required to carry then. Also, if the PPO is on duty, but leaves the vicinity of the protectee where he is not providing PPO services, the person's PPO is not valid to carry the weapon.

TPC 46.035 (e) relates to a commissioned security officer, not a PPO. 46.15 (b) (7) allows PPO's to carry.

It is wise for a PPO to also have a CHL, and have it while on duty as a PPO.


The actual Agency is the Texas Department of Public Safety, Private Security Bureau. If you call, ask for Merideth. She has been there about the longest, is very nice and knows the laws and rules.

[txinvestigator]

I plan on taking all the classes and getting all the certs I need. Just going though everything getting all my ducks in a row. Just got stumped when I read that. I figured that they would not overlap. Thanks for the info.

Do you already have a company that will hire you? Unfortunately, the state will not accept registration appllcations from individuals. Only licensed companies who state that you will be a bona fide employee can send in your applications for your commisison and PPO.

Let me know if you need assistance in that area; I can refer you to a couple of organizations.

[spud]

None in mind yet. From what I have heard I should get my CSO 1st then go for PPO. I would like to wind up a PPO, and rather not be a CSO. But if that is waht needs to be done, then it will be done. But if you can point me to a agency that would be great.

As for the CHL/PPO issue, that clears it up. Thanks, If I come up with any other issues Ill call them. Didnt know it was that easy :P

[txinvestigator]

None in mind yet. From what I have heard I should get my CSO 1st then go for PPO. I would like to wind up a PPO, and rather not be a CSO. But if that is waht needs to be done, then it will be done. But if you can point me to a agency that would be great.

As for the CHL/PPO issue, that clears it up. Thanks, If I come up with any other issues Ill call them. Didnt know it was that easy :P

You can do the classes in either order. To get a PPO you either a) have to already be commissioned, or b) send in your PPO and commission application together.

One more thing that has not been mentioned, to get the PPO you have to take the MMPI

http://en.wikipedia.org/wiki/Minnesota_ ... _Inventory