Texas Security Patrol Vehicle Light Colors

A topic that causes a significant amount of confusion for Texas Security Officers, because of the massive amount of misinformation, is the legality of certain light colors on patrol vehicles. A very popular combination to use is blue and white. Some companies or officers will use red and blue. This is problematic, and it is also generally illegal.

There are a few things to consider here. The first is private vs public property. Technically, a private citizen can run any color lights on their vehicle while on private property, where transportation code doesn't apply, but how did they get to private property? The Security Officer didn't teleport there, so, at some point, they had to travel over public roads.

Now that we are talking about public roads, we can look at Texas Transportation Code's direction on the legality of light colors.

Texas Transportation Code 547.305 states:
c. a person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating lights unless the equipment is:
used as specifically authorized by this chapter; or
a running lamp, tail lamp, backup lamp, or turn signal lamp that is used as authorized by law.

The key here is the word "equipped". The law does not state that the lights must be activated, only that they are equipped. The only exception to 547.305(c) is for authorized vehicles. That list is found under Subsection (d)

d. a vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:

1.  a school bus.
2.  an authorized emergency vehicle;
3. a church bus that has the words “church bus” printed on the front and rear of the bus so as to be clearly discernible to other vehicle operators;
4. a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
5. a tow truck with a mounted light bar, which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.

To break this down further, "authorized emergency vehicle" is defined in 541.201(1). This in no way includes Security Patrol vehicles, and none of the other listed exceptions include Security Officers or their patrol vehicles, whether that vehicle is personally owned or owned by the licensed security company either. If a Security Officer travels over public roads with red, white, or blue flashing, alternating, or beacon lights equipped to their vehicle to get to their post, they are breaking the law. An argument could be made for lights that do not remain equipped, such as dash lights that can be removed in between sites. This would technically be in compliance by not being "equipped".

A further issue could arise. Even if you don't travel on public roads somehow, and you attempt to use your red, white, or blue lights to stop someone whether in or out of a vehicle it could still be considered "Impersonation of Public Servant" (Texas Penal Code 37.11). It could be as simple as the person the Security Officer stopped saying they saw blue lights in their rear view mirror, and they stopped for the patrol car thinking that it was the police. This can be a slippery slope.

While we understand that lights are important for visibility and in our work as professionals in our field, there are lights that are legal. Green and amber lights are both in compliance with traffic code and may be equipped permanently, regardless of whether the Security Officer travels over public roads or on private property. We suggest using lights in a legal manner to prevent the possibilities of tickets or even jail time.

Texas Church Security and LTC Holders

At least 4 or more times a month we get a call, email, or text regarding whether an LTC holder can legally provide security as part of a church security team. As both a LTC training school as well as a state licensed security academy, we are uniquely poised to answer this type of question. Before I get into the technical aspect, the answer is a definite NO. An LTC holder may not provide armed security using their LTC for a church security team or any other business/nonprofit.

To start, what would you need to legally provide security services to a church or business? You would generally need:

• A state license as a security contractor (TOC 1702.102)
• An individual Security Officer license (TOC 1702.222)
• Depending on the license you may need a distinct DPS approved security uniform

There are two types of licenses a church could get to legally have security officers providing security services. The first is a license as a guard company. This would allow them to both provide security for themselves as well as contract to other businesses to provide security services. This wouldn’t make much sense for a church. The second, is a private letter of authority (PLOA). This allows the church to create an in house security department with armed security officers. Both licenses have the same general requirements to start. To get licensed as a guard company/PLOA you must have insurance and what is called a Qualified Manager. A Qualified Manager is someone who has at least three years of licensed security experience with one of those years being verifiable experience in a supervisory role. The Qualified Manager candidate then must pass an exam with DPS in Austin. Upon passing, they can be licensed as a Qualified Manager for the guard company/PLOA.

Once the company license is taken into account, you must also consider the personal licenses required to provide security. A security officer has an individual license that is registered under the company license or PLOA. There are three types of security officer licenses in Texas:

• Level II Non Commissioned Officer: This license requires a 6 hour all classroom based course, and an FBI background check. A Non Commissioned Security Officer is unarmed and must wear a distinctive DPS approved uniform. The main purpose of this type of officer is the phrase most associated with security, Observe and Report. You are generally there to be a good witness.
• Level III Commissioned Security Officer: This license requires the previous Level II course, a 40 hour Level III course, and the prior FBI background check. The training for this license consists of classroom, defense tactics, handcuffing, and firearms training. A Commissioned Security Officer openly carries a handgun and may also carry a baton, chemical dispensing device (OC), Taser, etc. Commissioned Officers also must wear a distinct DPS approved uniform and can at no time conceal their weapon while on duty and/or in uniform. The main purpose of this type of officer is to actively prevent and deter crime. Observe and report is now a secondary function and the officer is to actively protect the clients and property in accordance with clients procedures as well as state/federal law.
• Level IV Personal Protection Officer: This license requires all previous training and the FBI background check. The training for this license consists of 15 hours of additional law, defense tactics, and OC training. In addition to the training and background check a PPO must also submit an MMPI (psych test) administered by a Texas Psychologist. A PPO is the ONLY security officer that may carry a concealed weapon. When on duty a PPO generally wears plain clothes, because they are the only license type that may do so and they want to blend in. If in plain clothes, they must carry their weapon concealed. If providing service in uniform the same rules apply as a commissioned officer and the weapon must be carried openly. The main purpose of this type of license is direct protection of a client or clients IE: Priest, preacher, etc.
  (The Private Security Board has taken the stance that PLOA's may not utilize PPO's. To use plain clothes officers a church would need to hire a company to provide them, or use off duty police officers)

Without going through the proper licensing procedures to provide security an LTC holder opens themselves up to large amounts of legal liability. Firstly, you can be charged with “Impersonating Security Officer” (TOC 1702.3875), providing security services without a company license (TOC 1702.388), and if you use your firearm you may have lost your justification for deadly force because you are breaking the law (Texas Penal Code 9.31(a)(3)). Both the impersonation and providing a regulated service without a license charges are Class A misdemeanors and would, if convicted, result in the loss of your LTC for 5 years.

Click here to view DPS's opinion statement

DPS states the one exception to the licensing requirement for non-peace officers in this instance would be “However, there is one exception to licensing under Chapter 1702 provided by the legislature that could arguably apply, which can be found in section 1702.323 (“Security department of Private Business”).  This exception would allow volunteers to provide security services exclusively for one church, as long as they do not carry firearms and as long as they do not wear “a uniform with any type of badge commonly associated with security personnel or law enforcement or a patch or apparel with ‘security’ on the patch or apparel.”  See Tex. Occ. Code §1702.323(a) & (d)(2).  Thus, the wearing of a uniform or any apparel containing the word “security” would subject them to the licensing requirements of the act.”

The ONLY other exception to the licensing requirements we have discussed is the use of an off duty full time peace officer. Full time peace officers are exempted from the need for a security contractor or security officer license, and they may provide security off duty and armed in or out of uniform.

Now outside of this, an individual not providing security may be an usher, pastor, member of the congregation, etc. carrying into a church under their LTC. Do not mistake this as us telling you that you may not carry into a church that isn’t properly post with a 30.06/07 sign under your LTC. This simply means that you cannot use your LTC to provide security while there.

We want to keep you, the LTC holder, safe and out of trouble. If you have any questions regarding church security, please contact us and we will help you.