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View Full Version : TEXAS LAW: Bounty Hunter



Anthony Bridgestone
01-15-2001, 09:09 PM
REVISED FOR 2011


Texas Occupations Code chapter 1702.3863 & 3867 (http://www.txdps.state.tx.us/psb/consumer/bounty_hunter.htm)


Sec. 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense.


(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:



1.a peace officer;
2. an individual licensed as a private investigator or the manager or a licensed investigations company; or
3. a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.



Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.


(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:



1. enter a residence without the consent of the occupants;
2. execute the capias or warrant without written authorization from the surety;
3. wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
4. notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.

(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:



1. if the arrest is made in the county in which the capias or warrant was issued:




A. the county jail for that county if:





i. the offense is a Class A or Class B misdemeanor or a felony; or
ii. the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
B. the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
2.if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.

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INTERPRETATION:
For most bounty hunters, you should be an employee of a licensed Texas Private Investigative Agency, and you need to have the agency acquire a Personal Protection Commission Card, which is issued as a Commissioned Security Guard license.

The PI Agency then contracts with the bailbonds agency to hunt and return the person to custody. (A bailbonds agency employee cannot be a bounty hunter without having an employee card from a PI Agency with the Personal Protection Card)

SOLUTION:
Request the International Private Investigators Union (IPIU) to obtain a sponsor for your own PI Agency License (which will save you 2-3 years of waiting for your own experience and allow a Qualified Manager to enter into a sponsor agreement with you), and obtain preapproval within 4-5 weeks through the IPIU process.

Requirements for sponsor:
Further Details: Click Here (http://www.ipiu.org/forums/showthread.php?30903-What-is-the-Colorado-PI-Agency-Corporation-License-Operate-my-agency-out-of-state) or call 406-534-0251

Become a Lifetime Corporate Member (http://www.privateinvestigator.cc/product_info.php?cPath=67&products_id=998)
Obtain a headquarter PI Agency Corporation License (http://www.privateinvestigator.cc/product_info.php?cPath=163&products_id=1584)
Additional Texas fees apply.


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Bounty Hunting in Texas is governed by a strict set of rules as to who can be contracted to detain criminals. Bounty Hunting jobs are thus limited by state law to individuals licensed as private investigators or the manager of a licensed investigations company, or a commissioned security officer employed by a licensed guard company, or peace officers.

In order to become a Bounty Hunter in Texas it is therefore necessary to receive training and licensing in one of the above fields. This can be achieved by either OBTAINING A SPONSOR (through the International Private Investigators Union) or through taking courses offered by 100% online criminal justice institutions. If a person is not licensed in any of the occupations above and contracts with a bail bond company it is a punishable offense. Therefore, Bounty Hunter training and education or a SPONSOR is absolutely necessary.

Bounty Hunters in Texas must follow a number of strict rules and regulations. For instance, they may not present themselves as a law enforcement agent connected to the government while Bounty Hunting. This is a serious offense and considered a criminal act. Bounty Hunters also may not enter a residence without consent and must take criminals directly to the appropriate jail once they have been captured.

How to Become a Bounty Hunter in Texas

Becoming a Bounty Hunter in Texas can be achieved by either OBTAINING A SPONSOR (through IPIU) or through formal training and courses offered by colleges and agencies statewide. To become a Bounty Hunter in Texas you first must be licensed as a private investigator, a commissioned security officer (thru a PI Agency), or a peace officer. This can be achieved by either obtaining a SPONSOR or by taking courses organized by the police force, other state agencies, or colleges. Quite often it is necessary to take some college courses before you can enroll in law enforcement programs through the state. If you choose to become a security officer or private investigator there are also specific courses and licenses that are required.

Once you are licensed it helps to register with organizations such as the Texas Association of Licensed Investigators in order to maintain contact with fellow Bounty Hunters and law enforcement professionals. This may help you maintain contacts with bail bond agencies in the state looking for licensed Bounty Hunters to return criminals that have skipped bond.

Texas Bounty Hunter Licenses and Requirements

To become a Bounty Hunter in Texas you must either OBTAIN A SPONSOR or be licensed as a peace officer, a commissioned security officer employed by a licensed guard company, or a private investigator or manager of a private investigation firm.

Texas peace officer licenses are issue through the Texas Commission of Law Enforcement, which requires that you meet minimum requirements and training such as the Basic Peace Officer Certification course. The formal education to become a licensed peace officer can be achieved at local colleges as many agencies require a certain amount of college credits or even an associate’s degree to be considered for employment and licensing as a peace officer. A peace officer can be anything from a municipal or state police officer to an agent of state enforcment agencies such as the Texas Lottery Commission or even campus police while also working as a Bounty Hunter.

To become a commissioned security officer in Texas training is required in the form of a standardized 30 hour training course from a security officer training school approved by the Private Security Bureau of Texas. Commissioned security officers generally work for a licensed private investigative agencies.

To become a private investigator you must either obtain a sponsor (through IPIU) or pass the state licensing exam, which can be prepared for through formal training and courses. Private investigators are usually employed by a private investigation company on a contract basis. The Texas Association of Licensed Investigators is dedicated to “professionalism in the field of private investigations through continuing education, public awareness, advanced certification, networking and legislative involvement,” and can help you become a licensed investigator working as a Bounty Hunter in Texas.

In addition to licensing through courses and training, Bounty Hunters in Texas must follow strict uniform requirements. For instance, you may not display a badge that contains the word “law enforcement” and agent in a way that suggests the Bounty Hunter is connected in any way to the government.

While this may seem like a lot of restrictions it is in the best interest of public safety that Bounty Hunters in Texas are educated and licensed through formal training and courses to ensure that they follow safe practices in fugitive recovery.

Robert Donovan
04-06-2001, 03:16 PM
If the person that jumps bail in the Texas area flees across the line or just merely hideout in another state, we as a Private Investigator doing the tracking of such person, are we authorized to go into another state or cross the border line without clearance?

You may go into any state without a license to gather information for a case or a fugitive.

A license is only required if you plan on making an arrest in another state where a license is required to make such an arrest. But the arrest is the easy part. Locating the fugitive can be done without a license, and then when you have located your target - - - be ready to bring in local licensed "muscle" to make to snag.

We are also seeing more licensing regulations for Bounty Hunters through Bail Bond Agencies. So if you have a Bail Bond license, you can act as your own Bounty Hunter.

Another note: Make sure you have all of your local contacts in place before making the trip. Without mentioning the reason for your trip, a telephone call to the local Sheriff or Police Chief would be wise, along with arranging the local muscle too.

Robert

Lori Copaus
09-05-2010, 12:57 PM
How many female's here are actually licensed Bounty Hunters and what states?
Just for my info. and curiosity.

Lori E. Copaus
Certified Process Server and Notary Public
English/Spanish Interpreter

John Sanderson
09-07-2010, 04:21 PM
Lori,

Based upon my research and personal knowledge, I would say the ratio of male hunters to female hunters is 10 to 1. However, with such a small amount of female hunters, women are in high demand. Woman are needed to search apprehended fugitives because of the liability involved with men searching women properly.

Not to say a man has ill intensions when searching a female, but to search properly for safety, the male hunter may need to verify a woman fugitive does not have any weapons or drugs in 'sensitive' areas of her person or undergarments.

As far as your interpretation of the law, I'll look more closely at the law later when I have more time.

I hope this helps.

David Copeland
09-07-2010, 06:24 PM
How many female's here are actually licensed Bounty Hunters and what states?
Just for my info. and curiosity.
http://www.banderasnews.com/0704/images/dogslegalwoes.jpg
Probably more since Beth Smith married Duane "Dog" Chapman and became equally famous as a bounty hunter.

John Sanderson
09-07-2010, 07:40 PM
Kudos on the idea of bringing her up David, she's a great example, but lets not forget their daughter 'Baby Lisa'.

Also, there's a new show on True TV called All Worked Up, which shows a bounty hunting team which includes a woman.

I would wager, any female getting the necessary education and regulatory permission (ie. license or such) would make oodles of money in the industry.

James Bone
09-13-2010, 06:04 PM
Sad part about the Chapmans is they are not state licensed (without going through a sponsor), and Dog cannot get licensed on his own without a sponsor because of his criminal history, thats why they only hunt in Hawaii and Colorado because those states do not require a license. He kind of ticks me off for knocking Texas PI's, because we carry, he would carry too if he could, but he can't.

Lori Copaus
09-13-2010, 06:29 PM
One other interesting fact about Chapman I read in his book because he's a convicted felon he can't wear a bullet proof vest.

Lori E. Copaus

Luis Villanueva
08-11-2011, 09:30 AM
Okay I need to get something straight in my mind, and it sounds like I'm not alone here.

I see a lot of questions about how to legally "bounty hunt" (sorry for the politically incorrect term) in Texas and I am going to share my interpretation of the written law, and I would like for those who have experience 'bounty hunting' in Texas to respond with your thoughts.

I will admit that I have no experience (yet) so I am certainly not the authority on the topic, I am only sharing what I am reading.


Texas Occupations Code chapter 1702.3863 & 3867 create a lot of confusion that invites individual interpretation:


Sec. 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense.


(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:



1.a peace officer;
2. an individual licensed as a private investigator or the manager or a licensed investigations company; or
3. a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.

So I interpret this to say that I can obtain a license to operate a "Guard Company" (assuming all requirements\experience is met), and hire Texas "Commissioned Security Officers" with Level III state certified training, I the Bounty Hunting can begin! But the next Section of the code confuses me a bit:


Sec. 1702.3867. Execution Of Capias Or Arrest Warrant; Offense.


(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:



1. enter a residence without the consent of the occupants;
2. execute the capias or warrant without written authorization from the surety;
3. wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
4. notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.

(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:



1. if the arrest is made in the county in which the capias or warrant was issued:




A. the county jail for that county if:





i. the offense is a Class A or Class B misdemeanor or a felony; or
ii. the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
B. the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
2.if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.

It would appear from the latter section that ONLY Private Investigators can perform the arrest portion of the hunt.

If taken literally, both sections combined say that a Commissioned Security Officer working for a state licensed Guard Company can contract with (or be employed by) a bail bond surety to secure the appearance of a person who has violated Section 38.10, Penal Code, but ONLY a Private Investigator can make the arrest. That doesn't make ANY sense because a licensed Guard company cannot employ a Private Investigator, so securing a contract would be useless!

I have to assume that when they wrote this section of the 1702 code, they simply omitted the term used in the previous section: "a commissioned security officer employed by a licensed guard company".

Thoughts? Any lawyers in the house? Help!

If I had the experience to open a Private Investigations company this would not be an issue for me, so it is VERY important to get feedback on this for me.

Thanks in advance for any help in clearing this topic all up. For the sake of simplicity, please do not include any out of state issues.

Legal Affairs
08-11-2011, 12:04 PM
So I interpret this to say that I can obtain a license to operate a "Guard Company" (assuming all requirements\experience is met), and hire Texas "Commissioned Security Officers" with Level III state certified training, I the Bounty Hunting can begin!
Answer: No


. . . A licensed Guard company cannot employ a Private Investigator, so securing a contract would be useless! The Texas Rules require that a licensed PI agency acquire the Commissioned Security Guard Card (for Personal Protection) as a secondary license for their PI Employees to have the necessary credentials to make the apprehension. The PI agency does not need to acquire a Security Guard Agency License.



I have to assume that when they wrote this section of the 1702 code, they simply omitted the term used in the previous section: "a commissioned security officer employed by a licensed guard company".
When I spoke to the licensing board this morning, they agreed the rules lack clarity. In essence, the rules should have stated "a private investigative agency employee who holds a additional commissioned security officer card for personal protection."


For the sake of simplicity, please do not include any out of state issues.Ultimately, all you need is a Texas PI Agency License. But we endorse and strongly recommend (for your personal protection of both identity and assets) that you incorporate your headquarters FIRST through our Colorado program, and then obtain a branch license in Texas to acquire your Texas license. Colorado is the only state there your personal name, assets, and other identification will not appear on public records. (This extra protection amounts a an extra $99 a year)



If I had the experience to open a Private Investigations company this would not be an issue for me, so it is VERY important to get feedback on this for me. You do not need the experience, if you wish to pursue. You can choose to elect IPIU to obtain a sponsor for you without having to wait. With the sponsor, your preapproval for your Texas license usually takes 4-5 weeks (instead of years). The International Private Investigators Union, now in our 22nd year of serving our members, is the only specialist in the country for this program.

See Post #1 in this topic above. I have updated the information for you.

James Porch
01-12-2012, 11:05 AM
OK, here is what I got, I want to get my PI Licence only, I have certification of 840 hours of Basic Peace Officers training and Work as a Deputy Constable . also about 400 hrs of Private security and Investigation training. plus A Certified Federal Civil Piracy Investigator certificate.plus a Certificate for Complete Bounty Hunters Course. With all that looks like I could just find them [the suspect] and call big brother for the detainment process.legal affairs can you advise or help me. thank you

John Sanderson
01-13-2012, 02:58 AM
James,
I apologize for butting in, but I thought you might like the information I have, related to this subject. If it hasn't happened already, LA will likely discuss Pi licensing options with you in your agency's private corporate forum, so I'll not comment on the PI licensing.

However, regarding bounty hunting and security, a lot of states offer a sort of graduated licensing system. In such a system, someone with a security license can only work in security. Someone with a bounty hunter's license can only bounty hunt. Someone licensed to work in the service of process can only serve papers. But someone with a PI license can work in security, bounty hunting, process service, and private investigations.

Some areas may require a sort of additional endorsement to your PI license, like the addition of a CDL to a person's personal driver's license.

At quick glance, it appears your state might be as I have described above. You may want to ask about this in one of your higher level corporate threads.

I hope this helps.

James Porch
01-19-2012, 03:15 PM
John,I forgot to say thank you, for this information . I need all the help or information that I can attain. have a great week.

Charlie Deckert
02-02-2012, 05:03 PM
Respectfully - There are many things wrong with this posting.
The interpretation is inaccurate.
For most bounty hunters, you should be an employee of a licensed Texas Private Investigative Agency, and you need to have the agency acquire a Personal Protection Commission Card, which is issued as a Commissioned Security Guard license.
The rule reads;
2. an individual licensed as a private investigator or the manager or a licensed investigations company; or
3. a commissioned security officer employed by a licensed guard company.

The word "or" being the key word. so the interpretation that you need to have both is not correct.

Also the rule says a "commissioned security officer" not a PPO/ personal protection officer, which in Texas are two different licenses and you do not need to have a PPO license to execute a capias under the current rule. You cannot combine two licenses for any reason; you can only conduct operations under one license at a time, PI, Commissioned Security Officer or PPO, not a combination of activities. Licensed PI companies cannot employ commissioned officers or a PPO’s, this can only happen with a licensed Security company either class C or B and they must carry Armed Guard insurance as well as Fugitive Apprehension insurance.

As for the paragraphs outlining how to become a Bounty Hunter and the Requirements, they are not accurate either. There is no such thing as a SPONSOR in Texas. You have to be employed by a licensed and insured company. You PI license in Texas is only good if you are actually employed by a legally licensed and insured company, either PI or Guard. IPIU or any other entity including a licensed company in Texas cannot SPONSOR a Texas PI there is no available licensing that would allow such a relationship.

The correct interpretation would be exactly as the rule reads.

You can work as a bounty hunter in Texas if meet the following criteria, You are;
1. a peace officer;
2. an individual licensed as a private investigator or the manager or a licensed investigations company; or
3. a commissioned security officer employed by a licensed guard company.

There is no such thing as a SPONSOR and there are no State sanctioned Bounty Hunting Courses or specific licenses for Bounty Hunting in Texas.

To become a Bounty Hunter in Texas you only need to be employed by a Security Company or PI Company that is legally licensed, insured to conduct Fugitive Apprehensions and is contracting with Bail Bond Sureties. They can teach you the laws and keep you out of jail. As long as you are employed and have an active license by that company you can conduct Bounty Hunting operations.

If someone was to follow the advice posted here they might end up in jail under Sec. 1702.3863. a state jail felony.

Charlie Deckert
02-02-2012, 05:26 PM
And for the Record I have submitted the following language to the DPS PSB Chairmain for review by the rules committee to clarify and clean up the rule. It should be on the April Board meeting Agenda. I attend every Texas DPS PSB board meeting.

-----NEW CLEANED UP VERSION-------

Sec. 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense.
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
1. a peace officer;
2. a licensed private investigator and employed by a licensed investigations Company contracted by the Bail Bond Surety or the manager of a licensed investigations company contracted by the Bail Bond Surety; or
3. a commissioned security officer employed by a licensed guard company contracted with the Bail Bond Surety.
(b) An offense under Subsection (a) is a state jail felony.

Steven D Mahan
02-02-2012, 05:29 PM
Charlie,good information and accurate.It appears that the state has now made an attempt to separate license type.

Charlie Deckert
02-02-2012, 05:46 PM
Charlie,good information and accurate.It appears that the state has now made an attempt to separate license type.

Yes sir we have been working for 6 years trying to get rules and legislation cleaned up so we can operate and be respected as professionals.

Legal Affairs
02-02-2012, 06:20 PM
Respectfully - There are many things wrong with this posting.
The interpretation is inaccurate. Thank you. My team will revisit the web site for Texas and make any changes that have taken place since 2001 and 2011.


As for the paragraphs outlining how to become a Bounty Hunter and the Requirements, they are not accurate either. There is no such thing as a SPONSOR in Texas. You have to be employed by a licensed and insured company. You PI license in Texas is only good if you are actually employed by a legally licensed and insured company, either PI or Guard. IPIU or any other entity including a licensed company in Texas cannot SPONSOR a Texas PI there is no available licensing that would allow such a relationship.


A second reading of Post #1, Solutions, above clearly states that an unlicensed professional can request the International Private Investigators Union (IPIU) to obtain a "sponsor" for someone who wishes to have their new Texas private investigative agency licensed.


The post also defined the sponsor approach as a "Qualified Manager" when applying for the Texas PI Agency License, in which the owner of the agency does not have to be the qualifying manager.



Some states use the term Sponsor, while other states use Resident Manager or Qualified Manager. But all of these distinctions have one goal in mind: To permit an owner of an agency, who does not have the independent personal qualifications to qualify for his/her own license - to be be able to lawfully employ a manager who can use his/her license to "qualify" or "sponsor" the new agency's license. Once the agency is licensed, then all employees and owners of the agency can more easily use the agency license to conduct lawful business as you described.

If you wish to see the statutes permitting the use of a sponsor or qualified manager, please visit the Texas PI Licensing Topic in the other public forum


To become a Bounty Hunter in Texas you only need to be employed by a Security Company or PI Company that is legally licensed, insured to conduct Fugitive Apprehensions and is contracting with Bail Bond Sureties. They can teach you the laws and keep you out of jail. As long as you are employed and have an active license by that company you can conduct Bounty Hunting operations. This is what IPIU endorses and encourages, with the exception we encourage ownership of the agency and not the aimless pursuit of looking for a "job" where there is agreesive competition and unemployment among wage earners. Ownership, rather than wages, has been the key success in managing consistent earnings, rather than relying on an owner to provide waged employment. Again, the original date of this topic was over ten years ago in 2011, and then sometime in 2011 it was edited for more updated details.

But the current endorsement IPIU stands by for those who do not personally qualify for a private investigators license is:


Become an owner of a corporate agency, preferably in a state where the assets and privacy have maximum protection;
Request IPIU to help in locating a licensed professional in Texas to become your agency's qualified manager, and to enter into a signed Employment Agreement detailing the sponsorship as your qualified manager)


Since IPIU began it's sponsorship program, we have had no problems in aligning prospective new owners with willing licensed professionals to serve as a sponsor or qualified manager.

If you wish to become a part of the IPIU members who would be interested in serving as a qualified manager/sponsor in your home state to further insure compliance within the statutes, please use the Contact Us link at the bottom of the page.

Sincerely,

Ann Marie Ryan

Charlie Deckert
02-02-2012, 06:51 PM
Miss Ryan

Thanks for the clarification. I am intimately familiar with the terms and use of Qualified Managers in Texas, I am one as well. That being said I would neither participate in nor condone such an arranged relationship, simply because of the liability issues that may arise, a qualified manager is the sole responsible person for the licensed company and responsible for the day to day operations of the company.

I am sure your programm has had and will continue to have much success and I truly appreciate the efforts your organization makes to help and educate all PI's.

Keep up the good work.

Regards
Charlie Deckert

Michael Newman
02-02-2012, 07:21 PM
Miss Ryan

Thanks for the clarification. I am intimately familiar with the terms and use of Qualified Managers in Texas, I am one as well. That being said I would neither participate in nor condone such an arranged relationship, simply because of the liability issues that may arise, a qualified manager is the sole responsible person for the licensed company and responsible for the day to day operations of the company.

I am sure your programm has had and will continue to have much success and I truly appreciate the efforts your organization makes to help and educate all PI's.

Keep up the good work.

Regards
Charlie DeckertYes, we also serve as qualified managers for others. We offered this through the IPIU services, and not on our own. Without going into too much proprietary details, the IPIU team helped us set into motion many safeguards to protect our license from potential liability. They have a motto of "trust, but verify", which has worked for us for many years.

The interim period for us has been to prepare the owner to qualify for their own license in a few years. For those who we have helped, it released us from continuing as a qualified manager, but we now enjoy a much broader relationship with the agencies we have helped. We typically remain a part of their team well after the qualified approach is no longer needed.

Michael