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

September 11, 2020

Updated September 1, 2019

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.

The carrying of a chemical dispensing device is prohibited by Penal Code Section 46.05. 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.

The carrying of a Taser or similar weapon is not expressly prohibited under Texas law. Neither the Private Security Act nor the related administrative rules address the carrying of such a weapon by a security officer. There is no certification for the use of such weapons.