Oathkeepers Call to Action: Volunteers Needed to Protect Houston Disaster Relief Center and Relief Workers

[ninjabread]

Remember folks, when serving in a security capacity, regardless what you call yourself, you are subject to the Texas Private Security Act (Chp. 1702, Tex. Occupations Code). Violation is a Class A misdemeanor. Providing "protection for relief workers and trucks" most definitely is serving a security function.

Chas.

Charles,

You are far better versed in this then I am, just to be sure that I understand the law however, I don't believe that one could be charged for what OK'ers are doing so long as there is no contractural agreement?

"Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license as a security services contractor, a person may not:
(1) act as an alarm systems company, armored car company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;
(2) offer to perform the services of a company in Subdivision (1); or
(3) engage in business activity for which a license is required under this chapter.
(b) A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect."


"Sec. 1702.108. GUARD COMPANY. A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:
(1) prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;
(2) prevent, observe, or detect unauthorized activity on private property;
(3) control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;
(4) protect an individual from bodily harm including through the use of a personal protection officer; or
(5) perform a function similar to a function listed in this section."


http://www.statutes.legis.state.tx.us/D ... C.1702.htm

Now, I just bolded the "guard company" as others listed really are way off the scope.

To my knowledge, there is no contract for this, no payment etc. It is no different then me asking my neighbor to watch my property while I'm out of State. Maybe I am wrong, certainly wouldn't be the first time, just ask my wife.

By the way, glad you are doing well Charles. My prayers are with you and your family.

If you were correct, then there would have been no need to address the volunteer security provision for churches in this past legislative session. Whether contracted or not, providing security in this respect could run afoul of the OC. Especially since OK asked for people specifically for security.

Was it really needed? I can't find any record of a church member arrested and charged with a Class A misdemeanor for providing volunteer security at their church while dressed in their Sunday go to meeting clothes.

[Charles L. Cotton]

Remember folks, when serving in a security capacity, regardless what you call yourself, you are subject to the Texas Private Security Act (Chp. 1702, Tex. Occupations Code). Violation is a Class A misdemeanor. Providing "protection for relief workers and trucks" most definitely is serving a security function.

Chas.

Charles,

You are far better versed in this then I am, just to be sure that I understand the law however, I don't believe that one could be charged for what OK'ers are doing so long as there is no contractural agreement?

"Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license as a security services contractor, a person may not:
(1) act as an alarm systems company, armored car company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;
(2) offer to perform the services of a company in Subdivision (1); or
(3) engage in business activity for which a license is required under this chapter.
(b) A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect."


"Sec. 1702.108. GUARD COMPANY. A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:
(1) prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;
(2) prevent, observe, or detect unauthorized activity on private property;
(3) control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;
(4) protect an individual from bodily harm including through the use of a personal protection officer; or
(5) perform a function similar to a function listed in this section."


http://www.statutes.legis.state.tx.us/D ... C.1702.htm

Now, I just bolded the "guard company" as others listed really are way off the scope.

To my knowledge, there is no contract for this, no payment etc. It is no different then me asking my neighbor to watch my property while I'm out of State. Maybe I am wrong, certainly wouldn't be the first time, just ask my wife.

By the way, glad you are doing well Charles. My prayers are with you and your family.

If you were correct, then there would have been no need to address the volunteer security provision for churches in this past legislative session. Whether contracted or not, providing security in this respect could run afoul of the OC. Especially since OK asked for people specifically for security.

Was it really needed? I can't find any record of a church member arrested and charged with a Class A misdemeanor for providing volunteer security at their church while dressed in their Sunday go to meeting clothes.

What database did you check that would contain discoverable information for the entire State of Texas? Yes, it was needed to prevent people from facing a Class A misdemeanor and losing their LTC for 5 to 7 years.

Chas.

[troglodyte]

If I recall there was a church in the metroplex that got in trouble. I don't remember any of the details as it has been some time ago.

[rtschl]

If I recall there was a church in the metroplex that got in trouble. I don't remember any of the details as it has been some time ago.

For some reason I want to say it was The Potter's House, but I could be mistaken.

When we started our church's security team in 2009, the instructors who led our Lev III and Lev IV classes specifically mentioned about a Dallas area church getting in trouble with the State a few years before and they were glad we were doing it legally. Jimmy Meeks of Sheepdog seminars also mentioned the same thing at each of the seminars that I have been to.

[ninjabread]

I'll believe somebody was prosecuted when a case is cited. Until then it's internet rumor, like Bigfoot.

[Charles L. Cotton]

I'll believe somebody was prosecuted when a case is cited. Until then it's internet rumor, like Bigfoot.

The law is abundantly clear; violate it at your own risk.

Chas.