TexasCHLforum.com

mojo84 wrote: Yeah, but it is opinion unless he provides something to back up his statements. This "up to the DA to interpret the law" stuff is too ambiguous. I am contending it is against the law for them to carry when they are open carrying contrary to what the penal code and Texas Occupation Code states. I am not contending whether or not a DA will chose to indict or not.

Isn't it ALWAYS "before, after and during their day"?

Well if you notice how laws are written they are often a bit vague because there is absolutely no way to think up every scenario possible and cover it with any law. In this case the law was changed with the intent to allow security to be able to carry during their work day. Before if they needed to pay for gas, get a soda, use the restroom, they would have to disarm leaving their firearm in their car. Now you may think the law is too vague but the legislature thought it would work and the Agency responsible for regulating security in Texas finds it allows security to go into stores. Now if someone thinks an officer is pushing the limits they can arrest and a DA can try and prove that the officer wasn't working or traveling to or from work. If it's 30 min past their shift then they would be easily cleared. If it were 2 hours then they would have a case. Fortunately no one cares how you interpret the law and honestly your analysis seem strange and without much basis.

mojo84 wrote:
I saw the word "directly" was removed from the "to and from work" part of the law. However, did the law change to allow them to go eat at a restaurant or get food on a break from a store or are you and joker referring to what's commonly practiced officer or departmental discretion/courtesy to not bother with them?

It is actually up to the DA of each county and how they read the law but the DPS, which is now the regulating agency for private security in Texas, says that it is allowed for security officer to make stops before, after, and during their day. So yes they can stop at the store or go eat without removing their firearm if they are commissioned officers. As to their uniform, it can be almost anything but they do need a patch but it can be on their shoulder or chest, they are not required to have a badge, and they must have their name displayed somewhere. Failure to do so is not a crime but a violation which the security officer and the company can both be fined for. It would not however have any effect on the legality of someone carrying a firearm. And there is very little "courtesy " between LEO's and private security. Considering how bad some security officers are that's hardly surprising but if a cop gives a break it's because of the person not because of the job.