Operating or Hiring a Bounty Hunter in Texas - Need to know

I wanted to post a few things with regards to operating in Texas as a Bounty Hunter.

Texas Department Of Public Safety actually refers to Bounty Hunters as Bounty Hunters under the occupations code here is a cut and paste and probably redundant information but this is the most current info available from DPS.

I attend every DPS board meeting and I am in constant contact with investigators and administrators at DPS. This does not mean I know everything, it just means I feel comfortable clarifying certain details with respect to Texas Law.

My opinion is if you aren’t operating above board and legally you should get out.

The ALL CAPS text below is only my understanding and opinion of the rule and should not be considered legal advice.

Bounty Hunter Information
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.

THIS DOES NOT MEAN A BONDSMAN/SURETY CAN HIRE JOE BLOW WITH A P.I. LICENSE OR COMMISSIONED SECURITY OFFICERS LICENSE TO GO ARREST THEIR SKIPS. A BONDSMAN/SURETY MUST CONTRACT WITH A LICENSED AND INSURED COMPANY. THE AUTHORIZATION TO EXECUTE THE CAPIAS MUST BE IN WRITING.

THERE IS NO SUCH THING AS A SPONSOR COMPANY. IF YOU ARE A P.I. AND YOU ARE WORKING AS A BOUNTY HUNTER YOU MUST BE AN EMPLOYEE OR OWNER OF A LICENSED COMPANY. IF YOU ARE A COMMISSIONED SECURITY OFFICER AND YOU ARE CARRYING A WEAPON WHEN EXECUTING A WARRANT YOU MUST BE IN THE REGISTERED UNIFORM FOR THE COMPANY YOU ARE EMPLOYED BY AND YOU MUST BE AN EMPLOYEE OF THAT COMPANY. THE COMPANY MUST BE LICENSED, AND MUST CARRY INSURANCE THAT SPECIFICALLY COVERS FUGITIVE APPREHENSIONS. ALL G.L. INSURANCE FOR P.I. OR SECURITY COMPANIES AUTOMATICALLY OMIT COVERAGE FOR THIS ACTIVITY AND IT MUST BE PURCHASED THROUGH A SPECIALIZED INSURANCE COMPANY THAT SELLS THIS TYPE OF COVERAGE. EL DORADO AND CONSTANZA INSURANCE DO NOT CARRY COVERAGE FOR THIS TYPE OF ACTIVITY.


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;

SOME PEOPLE THINK TAINTOR VS. TAINTOR GIVES YOU AUTHORIZATION. IT DOES NOT YOU MUST FOLLOW STATE LAW.

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.

NO BADGES OR SHIRTS OR JACKETS THAT SAY FUGITIVE RECOVERY AGENT

(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.

NO PICKING UP IN SPRING TX AND TRANSPORTING TO DALLAS TX. YOU MUST TAKE THE DEFENDANT TO THE JAIL IN THE COUNTY THAT YOU MAKE THE ARREST. YOU HAD BETTER MAKE SURE THE JAIL WILL TAKE THEM OR YOU MIGHT FIND YOURSELF HAVING TO TURN THEM LOOSE OR WORSE COMMITTING A FELONY BY TRANSPORTING THEM.

§ 35.39 Uniform Requirements
This portion is a limited display of this rule;
...d. No license shall display a badge, shoulder patch, logo or any other identification which contains the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the Federal government, State government or any political subdivision of a State government.

Just my 2cents trying to spread the word so the folks who are doing things the right way are getting the business and the ones who arent are getting out.

Regards
Charlie Deckert
Texas Bounty Hunters
TXDPS LC#A16879

_________________
Charlie Deckert
Texas Bounty Hunters - BFA/Owner
Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License

Charlie,
Does it state that you must be a Private Investigator or a TX licensed private Investigator?


That has always been a bone of contention in previous discussions.

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

Good question Scott. That's what I was thinking when I read it.


The Bounty Hunter Information Topic as you posted doesn't specify that the person must be employed or own a company except for the commissioned security officer (3). It states an individual licensed as a private investigator or the manager or a licensed investigations company. IMHO I interpret that part as an individual licensed as a private investigator can be contracted because it doesn't specifically state an individual employed by a company like in section 3. Unless there is another section not listed.

For the second section of your quote listed...under what circumstances wouldn't the jail take your defendant and if they denied to take custody of your defendant for in valid reasons, say because they're too busy or they just denied you for no reason, why would you cut him/her loose. I understand that the law states you can't transport them under the listed specifications, but the law also states that you must surrender the defendant to the specific jail so if they deny custody shouldn't you wait until they accept or go up the chain of command to avoid having to turn them loose or commit a felony by transporting.

_________________
If the world didn't suck we would all fall off. (Luvonda)
Nobody has power over you that you do not allow them to have. (Scott)
Be careful of the seeds you plant because one day they will be harvested.

Dave
Private Investigator
Licensed by the NYS DOS Division of Licensing