TEXAS CHURCH SECURITY LAWS

Below are some links to new Texas laws created to aid churches in developing in-house security teams. In September there was a significant law passed to ease the burden but please remember proper vetting of guards and good training with documentation is required to reduce your chaces of cival court lawsuits. I have done background checks on men that were upstanding members of a church to find all sorts of convictions that negate their use as security officers. One easy way to start selection is require a state issued Concealed Weapons License. Carry Permit holders have a good deal of vetting done by the government. Do not use this as basis for deciding the legality of your team or forming one. For the moment suggest any church with an in-house security bteam consult legal counsil about their proceedures. Hope this page is much more concrete in the near future.

*A prosecuting attorney will focus on the history of organization and function of a 'safety' team looking for security functions and purpose.
*In Texas the Private Security industry is regulated by the Texas Department of Public Safety - Private Security Bureau.
*A volunteer security patrol made up of church members would generally require licensing under the provisions of Section 1702.108 or 1702.222, regardless of whether any compensation is received as a result of the activities. Source: http://http://dps.texas.gov/RSD/PSB/Laws/psb_opin_sum.htm
*The Concealed Handgun license (CHL) does not allow the licensee to be a part of a team tasked with preserving the peace.
*A church that depends on congregants, some of which possess CHLs, to miraculously execute a justifiable response to a situation requiring the use of force or deadly force to resolve, is wide open to both civil litigation and criminal prosecution on many levels.
*Texas DPS Private Security Opinion Summaries http://http://dps.texas.gov/RSD/PSB/Laws/psb_opin_sum.htm#
*Violation of chapter 1702 occupational code 1st offense is a Class A misdemeanor punishable of not more than 1 year in a county jail and/or a fine of not more than $4,000. Second and subsequent violations are a considered a felony of the 3rd degree. For range of punishments see: http://http://blog.austindefense.com/2006/10/articles/third-degree-felony-range-of-punishment-texas-penal-code/
*Section 1702.381: CIVIL PENALTY http://http://codes.lp.findlaw.com/txstatutes/OC/10/1702/P/1702.381
*Unauthorized employment – Employer pays http://http://codes.lp.findlaw.com/txstatutes/OC/10/1702/P/1702.386

*For solutions that conform to Texas statutes regarding private security consult Gatekeepers http://http://www.nocssm.org POC is Chuck Chadwick, President.

We are still waiting for a Texas lawyer to weigh in with an opinion for a profession but with the new laws in effect and many churches uninformed feel it is important to get this out for ministry staff to consider. Remember, this does not clear you of potential liability suits so make sure to train teams and document your process well to have if needed in court. Use it for informational purposes but again, a lot of church security teams have been drug through civil courts across the country and been hit with multi-million dollar judgements. Everyones situation is likely somewhat different so consulting an attorney is strongly advised. Hope to be able to provide links to specialized legal counsel soon. God Bless All.

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