Non-lethal Weapons (Club, Pepper Spray, Tasers)

September 11, 2020

Updated: March 17, 2026

 

Club

The carrying of a club: Penal Code Section 46.03 prohibits the carrying of a club in numerous specific places, and provides limited defenses relating to the premises of a racetrack or the secured area of an airport (see sub. (d) and (h), respectively). There is no certification specific to the carrying of clubs.

Chemical Dispensing Device

The carrying of a chemical dispensing device is prohibited by Penal Code Section 46.05. "Chemical dispensing device" is defined as a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.  Subsection (f) of Section 46.05 provides a defense to prosecution for security officers who have received training on the use of a chemical dispensing device that is either (1), provided by TCOLE or (2), approved by the Private Security Board. The Private Security Board has approved training on the use of a chemical dispensing device when administered to a security officer who has successfully completed the board approved Level III training.  

Conducted Energy Device (Taser) or Similar Weapon

The carrying of a conducted energy device (CED), commonly referred to as a Taser, or similar weapon, is not expressly prohibited under Texas law unless the device is classified as a firearm. Neither the Private Security Act nor the related administrative rules address the carrying of a CED by a security officer. There is no certification in the Private Security Act for the use of such weapons. If the CED is classified as a firearm, such as the Taser 10, only commissioned security officers certified to carry a firearm would be allowed to carry a CED classified as a firearm.