1. (a) Commissioned security officers and personal protection officers may only carry firearms of a category recognized in subsection (b) of this section, and only if:

   1. (1) the officers have been formally trained as required under the Act and this chapter; and
   2. (2) the officers have submitted documentation of the training to the department.

2. (b) The recognized firearm categories are:

   1. (1) SA--Any handgun, whether semi-automatic or not;
   2. (2) NSA--Handguns that are not semi-automatic; and
   3. (3) STG--Shotgun.
3. (c) Commissioned security officers and personal protection officers must exercise care and sound judgment in the use and storage of their firearms.
4. (d) No security officer may carry an inoperative, unsafe, replica, or simulated firearm in the course and scope of employment or while in uniform.
5. (e) No commissioned security officer or personal protection officer may brandish, point, exhibit, or otherwise display a firearm at any time, except as authorized by law.

6. (f) The discharge of a firearm by a security officer while on duty or otherwise acting or purporting to act under the authority of a security officer commission shall be immediately reported to the officer's employer. The employer must notify the department of the discharge of a firearm in writing within twenty-four (24) hours of the incident. The notification to the department must include:

   1. (1) The name of the person discharging the firearm;
   2. (2) The name of the employer;
   3. (3) The location of the incident;
   4. (4) A brief description of the incident;
   5. (5) A statement reflecting whether death, personal injury, or property damage resulted; and
   6. (6) The name of the investigating or arresting law enforcement agency, if applicable.

Source Note:The provisions of this §35.7 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026.