Because you have a greater chance of encountering a self-defense situation, you need the coverage of our Private Security Officer Legal Defense Program.
As a member, you will receive these benefits if you have an on-duty "use of force."
- 24/7 Attorney-Answered Emergency Hotline for Private Security Officer Members only
- Legal representation anywhere in Texas by Independent Program Attorneys for any on-duty "use of force"
- Administrative Hearings
- Police Investigations or Arrest
- Grand Jury Proceedings
- Criminal and Civil Trials
- If you "use force," all weapons covered
- Special offers only available to our members
- No additional attorneys' fees through trial
- No travel expenses for your lawyers anywhere in Texas
Education, Updates and Support
- If you have a question, call us; we are here to help
- Updates on changes in laws affecting private security officers
- News and articles on Texas Security Guard laws and related topics
Additional Benefits Available To All Members
If you are a member of the Texas LawShield Private Security Officer Legal Defense Program, you receive all of the following benefits and services.
- Legal Representation for All On-Duty "Use of Force" Incidents
If you have a "use of force" under the Private Security Officer Legal Defense Program, our lawyers will represent you in any administrative hearing with the State Office of Administrative Hearings or legal proceeding in Texas (criminal or civil), for zero additional attorneys' fees.
- 24/7/365 Access to Attorney Answered Hotline
Our 24/7/365 attorney answered emergency hotline is available only to the members of the Private Security Officer Legal Defense Program.
- Security Updates
Periodic updates on laws affecting security officers' rights and changes in the law. A key component of our program is education.
- Peace of Mind
Dedicated to giving our members the peace of mind in knowing who to call and the assurance that they will have legal protection if they have a "use of force."
What's not covered
While our services are quite comprehensive, the following are not covered: bail bonds, governmental fees of any type; or expert witness and investigator fees.
Texas LawShield Private Security Officer Program Membership Cost
The Total You Will Spend on Attorney's Fees for Your Legal Defense? ZERO
Private Security Officer Program
Texas Laws Applicable to Private Security Officers
- To qualify as a non-commissioned security officer, the individual must have successfully completed a Texas Private Security Board approved Level II training course and the examination required by §1702.117 of the Texas Occupations Code.
- Prior to becoming a commissioned security officer, Level II training and examination must be completed. A commissioned security officer must also successfully complete a Texas Private Security Board approved Level III training course required by §1702.1675 of the Texas Occupations Code, and complete a written and physical demonstration handgun proficiency examination within 90 days before the issuance date of the security officer commission.
- Prior to becoming a personal protection officer, Level III training must be completed. A personal protection officer must also complete a Texas Private Security Board approved Level IV training course and be employed at the time of application by an investigations company or guard company licensed by the Texas Private Security Board.
Laws Protecting Private Security Officers
- An assault against a non-commissioned or commissioned private security officer is a 3rd degree felony. Texas Penal Code §22.01.
- An aggravated assault against a non-commissioned or commissioned private security officer is a 1st degree felony. Texas Penal Code §22.02.
- The taking or attempted taking of a weapon from a commissioned private security officer is a 3rd degree felony and state jail felony. Texas Penal Code §38.14.
- A commissioned security officer, not acting as a personal protection officer, may only carry a firearm if the security officer is engaged in the performance of their duties as a security officer; or traveling to or from their place of assignment. In order to carry a firearm, the security officer must wear a distinctive uniform indicating the individual is a security officer, and carry the firearm in plain view. Texas Occupations Code §1702.169.
- An individual acting as a personal protection officer may only carry a firearm if they are engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer endorsement is issued; or traveling to or from the place of assignment. The officer must carry their security officer commission and personal protection officer endorsement on the officer's person while performing the officer's duties or traveling and must present the endorsement upon request. A personal protection officer who is wearing the uniform of a security officer, may not conceal any firearm the individual is carrying. A personal protection officer who is not wearing a uniform of a security officer shall conceal the firearm. Texas Occupations Code §1702.206.
The General Firearms Laws of The State of Texas:
In Texas, it is generally illegal to carry a handgun outside of a person's own premises. However, a person may carry, either open or concealed, in a non-threatening or alarming manner, a shotgun or rifle.
However even with a handgun, in Texas, there are several places where a person may possess a handgun legally without the benefit of a Texas Concealed Handgun License (CHL). These places include:
- A person's residence or other real property under their control.
- A person's private motor vehicle or watercraft if the handgun is concealed, and the person is legal to possess a firearm, is not a member of a street gang, and is not engaged in the commission of a crime greater than a Class C misdemeanor traffic or boating violation.
- A person engaged in lawful fishing, hunting, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the persons' residence or motor vehicle, if the firearm is a type commonly used in the activity.
- While storing a loaded firearm, it must be in a place which cannot be accessed by a child under the age of 17, or secured with a trigger lock if there is reason to know that a child under 17 may gain access to the firearm.
The State of Texas Justification For the Use of Force & Deadly Force:
In Texas, there are several situations where a person is justified in using force or deadly force.
A person may use force against another to the degree the person believes that it is reasonably necessary to protect themselves or a third person from another's unlawful use of force.
Deadly force is defined as the degree of force likely to cause death or serious bodily injury, which includes actually firing a gun. However, the threat of using deadly force by displaying a weapon, if it is intended to cause apprehension that an actor will use deadly force if necessary, is defined by law as the use of force not deadly force.
In Texas, it is presumed that deadly force was reasonably necessary if it is used against an individual who was unlawfully or forcibly entering or entered into an occupied home, business, or vehicle or is attempting to forcibly remove another against his or her will from an occupied home, business, or vehicle. Deadly force is also presumed to be justified to prevent the commission or attempted commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
In Texas if a person is present in any place where they have a right to be, they have no duty to retreat and have the right to use force, including deadly force, if they reasonably believe that it is necessary to prevent death or serious bodily injury to themselves or to prevent the commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery or aggravated robbery.
Texas law allows a person to use force in the protection of property to prevent or terminate another's trespass or other unlawful interference with the possession of real or personal property. Deadly force can be used in Texas when the crime against property is classified as arson, burglary, robbery, criminal mischief at night or theft at night. Deadly force may also be used to prevent a person from fleeing with property immediately after the commission of a burglary, robbery, aggravated robbery, or theft during the nighttime if the actor believes that the property cannot be recovered by any other means or the use of force other than deadly force would expose the person to a substantial risk of death or serious bodily injury.
Texas also allows a person to use force and deadly force to protect the personal property of a third party. The use of force is permissible if the person believes that the force or deadly force is necessary to prevent the commission of theft or criminal mischief, or if the person believes that the third party has asked them to protect the property, the person has a legal duty to protect the property, or the third party is the spouse, parent, child or under the care of the person using force.
Unique Firearms Laws of Texas:
Texas recently enacted a law which states that people have a right to keep firearms in their locked motor vehicle while on their employers' parking areas. However, some employers are excepted from this law. These employers include school districts or charter schools, chemical manufacturers and oil refiners that manufacture, use, transport or store hazardous materials if it has a secured parking lot, or on parking areas for which possession of firearms is prohibited by an unexpired oil and gas lease. Further, employees do not have the right to store loaded firearms in a vehicle owned or leased by the employer.
Any of the above information is solely a general legal discussion of the law in Texas and should not be considered as giving legal advice, nor creating an attorney-client relationship. Your situation may be different, so contact an attorney regarding your personal circumstances.
If I call the emergency "use of force" hotline, will I actually be speaking to an attorney?
Yes. The phone is always answered by an attorney, not a receptionist or answering service. You get immediate communications with your lawyer.
Does the program cover me when I am off-duty?
No, this program covers on-duty "uses of force." However, you can sign up for our Texas LawShield Non-CHL or CHL Program and be covered off-duty anywhere you are able to legally possess a firearm in Texas.
Does the program cover me if I use less than deadly force (i.e. baton, pepper spray…) while on-duty?
Yes, Texas LawShield Private Security Officer Legal Defense Program will protect our member/officers in the event they have to "use force" involving any weapons or physical force while on-duty.
If there is a mistrial or the case has to be retried, is that covered?
Yes. Our representation includes both civil and criminal trials and any retrials that may be necessary.
Is there a limit on the amount of hours for defense under this program?
No. We do not put a limit on the number of hours devoted to your defense. We are there from the beginning until the very end. No matter how many hours are dedicated to your defense, you will not pay any additional attorneys' fees beyond your membership cost. As a member, you deserve no less.
Since the program is so inexpensive, will I receive less service than other clients?
Absolutely not. Our lawyer's responsibility and ethical duty is to represent clients zealously, fully, and to the best of their abilities, regardless of fees charged.
Does this program pay for the bond if I am charged with a crime for the use of force?
No. While the program does not pay for any bonds or fees associated with bonds, we will assist the member in finding an appropriate bail bondsman.
Is there a contract and can I cancel at any time?
There is a contract, however, as a member, you have the right to cancel your representation and contract at any time and we will gladly refund your unused membership amount.
Can I sign up in class today even though I am in the process of obtaining my security certificate?
Absolutely. As soon as you complete the class you are eligible to work as a Level II Private Security Officer.
Is this insurance?
Absolutely not. We are a legal services company dedicated to preserving all of our 2nd Amendment Rights.
Is there a deductible or co-payment if I have a "use of force?"
No. As long as you are up to date on your membership payment, you will incur no other attorneys' fees.
If I have a "use of force," will I be dropped from the program or have my rates increased?
Absolutely not. As a member, Texas LawShield will provide an attorney for your legal defense at the membership cost. You pay nothing more.
Does the program cover accidental or unintended discharges?
Yes, provided that you legally possess the firearm in a place where possession of the firearm is legally allowed.
So You Had A "Use Of Force," What Now?
The moments after an incident where you have had to "use force" are critical. If you do or say the incorrect thing, it may mean the difference between keeping your legal rights and waiving them. These legal rights may ultimately be the difference between preserving your freedom, or not! Therefore, our company recommends that members follow these procedures if they have a "use of force."
- Make sure the threat has been controlled and remain at the scene. If not, find a safe place and remain there.
- Call 911, request police and ambulance - do not say anything other than your name, location, send police and ambulance, and that you have been a victim of a crime. The 911 call is recorded - Say Nothing Else!
- Call your attorneys! Call the emergency hotline number on the back of your Private Security Officer Legal Defense Program Membership card.
- Wait for authorities.
- Return your weapon to safe keeping - do not keep it in your hands - you may be mistaken for a bad guy.
- Do not disturb the scene or remove physical evidence.
- Do not refuse medical treatment.
- When police arrive comply with all commands in a neutral non-threatening manner, keeping your hands clear.
- Inform the police you have been a victim of a crime and provide your statistical data, such as name, address, telephone, etc. - nothing else! State to the police: "I wish to invoke my right to remain silent and I want my attorney."
- Make no statement to anyone, wait to talk to your attorney. If you just had a "use of force" incident, you are in no state to answer detailed questions. Silence is likely your best option.
- Do not complete any incident reports for your company until you have reread it and had it reviewed by your attorney. Do not discuss the incident with your supervisor or fellow security officers. These can be used as evidence against you.
- Do not speak to the media.
- If asked to accompany law enforcement, comply, but make no statements!
- When your lawyer arrives, follow their advice explicitly.
- Do not make any jokes or cute remarks. These may be used against you!
- Even if you feel you have done nothing wrong, make no statements! Talk to your lawyer first!
Attorney Answered Emergency Hotline For Our Members
Why The Hotline is Important (Instantly Talk To Your Lawyer)
A cornerstone of the Texas LawShield Private Security Officer Legal Defense Program is the immediate access to legal advice if our member has a "use of force." Because what you say and what you do may ultimately affect your freedom, we want our members to be able to speak to their lawyer day or night if they have "used force.
Each of our members receive access to a 24/7/365 Attorney Answered Emergency Hotline, if they "use force."
- If you have "used force," legal advice is just a phone call away: day, night, weekends or holidays.
- Under the Texas LawShield Private Security Officer Legal Defense Program, we have already arranged for you to have a lawyer in case you have "use of force," therefore, you are already a member. As a member, there already exists an attorney-client relationship and legal privilege.
- Immediate legal advice from your lawyers to help protect your legal rights.
SIGN UP TODAY TO RECEIVE ACCESS TO YOUR LAWYER 24/7/365
Meet The Team
Texas LawShield, LLP program attorneys have extensive civil and criminal trial experience as well as the pleasure of representing thousands of legal gun owners, including civilian, law enforcement, security and military personnel. In addition, Texas LawShield is honored to serve numerous civilian shooting ranges, firearms instructors, firearms publications, and federal firearms licensed dealers. Texas LawShield, LLP's passion is to support all aspects of legal firearms ownership in our great and unique country.
Texas LawShield Executive Team
KIRK EVANS — PRESIDENT
Kirk is a graduate with honors from Texas A&M University and attended law school at the University of Houston where he graduated as editor of the Law Review. He was admitted to the Texas Bar in 1993.
Kirk possesses extensive trial experience in courtrooms all over the Great State of Texas including Houston, Dallas, San Antonio, Austin, Midland and communities in between.
Kirk, prior to joining Texas LawShield, concentrated most of his work on litigation including constitutional issues and complex civil litigation. He is an ardent supporter of each of our rights to keep and bear arms and is a proud gun owner.
Kirk is a frequent speaker on civil liability associated with gun ownership and has been a presenter at events across the state including the FBI Dallas CAAA Active Shooter Seminar, the national NRA Foundation Banquet and multiple civic and community organizations.
Kirk has also authored a number of firearms legal publications on topics such as "Tribal Law and Your Firearms." In addition, Kirk has served as a media source for firearms law, including appearances on KSAT television in San Antonio and a national interview with Yahoo Sports.
Kirk has also appeared on the Mike Rosen show on 850 KOA in Denver, provided an interview with Ben Ferguson on 820 WBAP in Dallas, and spoken at a live broadcast by Lee Matthews on 1000 KTOK in Oklahoma City.
Kirk was recognized as a "Rising Star" in the legal profession by the publisher of Texas Super Lawyers.
His email address is email@example.com
DAVID DONCHECZ — VICE PRESIDENT
David is a Texas LawShield Member and is dedicated to providing our members with the excellent quality of service they deserve. David is a believer that the Member's time and concerns do matter.
Prior to working for Texas LawShield, David was President of Gulf Coast Powerboats for twenty years and COO of Sunsation Powerboats, a marine manufacturing company, dealing with customers/clients all over the world. Throughout his career he has made customer service his number one priority.
If you need anything, do not hesitate, get a hold of David!
His email address is firstname.lastname@example.org
JOHANNA EDMONDS — VICE PRESIDENT
Johanna is an ardent supporter of 2nd Amendment rights and is a life long firearms enthusiast. She brings a wealth of experience in operations, business structure, and customer service. In addition to her management experience, she brings valuable experience in office administration and information technology. Johanna continues to oversee our growth and infrastructure transition. She is here to help our members.
She supervises the administrative structure and has helped with the company's technology development and growth. She works with the marketing and sales team on developing new ideas for member growth and a team focused on the development of educating our members on firearms issues. She is a life long firearms rights advocate and proud gun owner.
Darren graduated from the University of Texas School of Law in 1992. He is a life member of the National Rifle Association, a federal firearms licensed dealer, a class III tax stamp holder and a collector of firearms.
His email address is email@example.com
P. J. HERMOSA — EXECUTIVE DIRECTOR
P.J. has been with Texas LawShield Firearms Defense Program since the early beginnings. He has worked his way up from a part time Member Services Representative to the position as National Sales Director. P.J. brings unparalleled enthusiasm for members and our cause of offering piece of mind to all gun owners.
He was born and raised in San Antonio, Texas. At an early age he started his career in the industrial sales industry, where he worked his way into sales management. Always having an entrepreneurial spirit he decided to bring his talents in sales management and business development to small business in his home town. He is a proud father and avid supporter of all of our 2nd Amendment Rights.
His email address is firstname.lastname@example.org
RANDY MACCHI — GENERAL COUNSEL AND OPERATIONS CHIEF
Randy received his bachelor's degree from Brigham Young University and his law degree from the University of Houston where he served as Executive Chair of the Moot Court team. An accomplished speaker and writer, Randy has been given top honors at state, national, and international competitions and was inducted into the National Order of the Barristers in 2010. Prior to joining Texas LawShield, Randy was a partner and trial attorney in a boutique Houston firm focusing on commercial litigation and business operations. A zealous advocate for gun rights, Randy and his wife are the parents of four very handsome boys.
SHAUN DOTSON — DIRECTOR OF MEMBER SERVICES
As Director of Customer Service for Texas LawShield, Shaun Dotson is responsible for the company's customer service quality and strategy, as well as overseeing the day-to-day operations of the Customer Service Center. He joined the Texas LawShield customer service team in March 2013.
Shaun brings more than 10 years of customer service experience to Texas LawShield. He began his career in telecommunications as a customer service representative for the former PrimeCo wireless telecommunication company. He has been involved in a broad range of customer service functions in management positions of increasing responsibility, including customer loyalty and quality assurance, call centers for financial markets, mergers and acquisitions, force management, and call center technologies.
He also served as a customer service manager with American Express work-at-home agents. Prior to his current role, Shaun served as creative director for Uniserv Technology in Hilo, Hawaii.
His email address is email@example.com
Meet Our Program Attorneys
Houston — Walker & Taylor, PLLC
T. EDWIN WALKER
His email address is firstname.lastname@example.org
His email address is email@example.com
603 E. Belknap Street
Fort Worth, TX 76102
Killeen & Surrounding Areas
KURT W. GLASS
The Law Office of Kurt W. Glass & Partners
2608 N. Main Street, Ste. B-135
Belton, Texas 76513
LARRY DEAN BLOOMQUIST
Dallas/Fort Worth — North Texas
Wes Ball, Attorney
Ball & Hase
4025 Woodland Park Blvd., Suite 100
Arlington, TX 76013
Don Hase, Attorney
Ball & Hase
4025 Woodland Park Blvd., Suite 100
Arlington, TX 76013
Bruce A. Martin, Attorney
705 8th St., Suite 600
Wichita Falls, TX 76301
Sterling E. Newcomb, Attorney
2507 Washington St
Greenville, TX 75403
Victor A. ("Vic") Rivera, Attorney
121 N. Woodrow Lane, Suite 205
Denton, TX 76205
John Hunter Smith, Attorney
707 W. Washington St.
Sherman, TX 75092
Joe Weis, Attorney
2507 Washington St.
Greenville, TX 75403
C.H. "Hal" Brockett, Jr.
24 Smith Road, Suite 400
Midland, TX 79705
Jim Darnell, Attorney
310 N. Mesa St., Suite 212
El Paso, TX 79901
Benjamin P. Garcia, Attorney
Travis Ware & Associates
Lubbock, TX 79401-3017
Travis Ware, Attorney
Travis Ware & Associates
Lubbock, TX 79401-3017
Diane Hathaway, Attorney
600 S. Tyler, #2005
Amarillo, TX 79101
[P.O. Box 15385, Amarillo, TX 79105]
W. Shaun Galovich, Attorney
Wagstaff, Alvis, Stubberman, Seamster & Longacre
Abilene, TX 79601
Matt Martindale, Attorney
114 W. Kingsmill Ave.
Pampa, TX 79065
William W. Johnston, Attorney
400 Austin Avenue, Suite 104
Waco, TX 76710
Richard F. Gutierrez, Attorney
113 E Losoya St.
Del Rio, TX 78840-5855
Richard W. ("Rick") Rogers III, Attorney
710 Buffalo St., Suite 202
Corpus Christi, TX 78401-1934
Gregory E. Turley, Attorney
504 E. Dove Ave., Suite B
McAllen, TX 78504
Tim James, Attorney
115 South St.
Nacogdoches, TX 75961
Michael R. Lusk, Attorney
P. O. Box 6102
Texarkana, Texas 75505-6102
Jim James, Attorney
James & Reynolds
1716 Briarcrest Dr., Suite 505
Bryan, TX 77802
[P O Box 1146, Bryan, TX 77806-1146]
The Texas LawShield Private Security Officer Legal Defense Program is a program by the legal services company, Texas LawShield, LLP (organized pursuant to Texas Occupations Code Chapter 953). Under the program, if you are one of our Private Security Officer Legal Defense Program Members who has an on-duty "use of force," your lawyer will represent you in any administrative hearing, grand jury proceeding, or trial in Texas: criminal or civil.
As a Member of LawShield Security you are entitled to offers and discounts at gun stores, shooting ranges, and LawShield Security affiliated businesses all over. On our Member Perks page, you will find special offers and discounts on the following:
- LTC classes
- Gunsmithing services
- Tactical training classes
- Range time
- Much, much more!
To find discounts near you, view the complete list of Member Perks.
Visit the Member Perks page!
The following is the terms of your membership and the legal services contract that establishes your rights under the program.
TEXAS LawShield LLP, LEGAL SERVICE CONTRACT
PRIVATE SECURITY OFFICER LEGAL DEFENSE PROGRAM
- "Contracting Attorney" or "Attorney" — A licensed attorney that Texas LawShield LLP contracts with to provide legal services for the Legal Service Contract Holder under this Legal Service Contract.
- "Legal Service Contract" — The present agreement entered into between Legal Service Contract Holder and Texas LawShield LLP for consideration and under which Texas LawShield LLP will obtain legal services for the Legal Service Contract Holder through a Contracting Attorney.
- "Legal Service Contract Holder" — Is the purchaser and holder of this Legal Service Contract who must be a bona fide, credentialed non-commissioned security officer, commissioned security officer and/or personal protection officer.
- COVERED INCIDENTS: On Duty Covered Incident
- Legal Service Contract Holder uses force or deadly force against a person or animal and the Covered Incident;
- occurs while Legal Service Contract Holder is on duty and engaging in his or her employment as a non-commissioned security guard, commissioned security officer or personal protection officer; and
- is in furtherance of Legal Service Contract Holder's employment duties.
- Legal Service Contract Holder uses force or deadly force against a person or animal and the Covered Incident;
- This Legal Service Contract is administered by Texas LawShield LLP who shall provide Legal Service Contract Holders with a Contracting Attorney for any legal services covered by this Legal Service Contract. Texas LawShield LLP shall offer the Legal Service Contract in the State of Texas. The Contracting Attorney shall perform the legal services described herein.
- The Legal Service Contract Holder is the party who shall benefit from the legal services provided by Texas LawShield LLP. The benefits provided under this Legal Service Contract shall be available only to the Legal Service Contract Holders.
- ____________________, is the sales representative who sold or solicited this Legal Service Contract on behalf of Texas LawShield LLP.
- ELIGIBILITY & EFFECTIVE DATE
- LEGAL SERVICES & BENEFITS
- Legal representation is provided by a Contracting Attorney in any administrative hearing with the State Office of Administrative Hearings, criminal or any civil proceeding occurring in Texas against the Legal Service Contract Holder arising directly from a covered incident involving the Legal Service Contract Holder. Legal representation under this Legal Service Contract shall not include appeals of a trial court's judgment to a court of appeals. This agreement provides no benefit for any incident that took place prior to the effective date of this Legal Service Contract or after its termination.
- An emergency hotline is maintained and answered 24 hours a day by a Contracting Attorney for legal advice immediately after a Covered Incident by the Legal Service Contract Holder.
- The Legal Service Contract Holder will also receive:
- Periodic updates on topics on law and private security issues;
- Educational material; and
- A Membership card with unique member number.
- DEDUCTIBLES AND COPAYMENTS
- LIMITATIONS & EXCLUSIONS
- The Legal Service Contract Holder must have acted within the course and scope of their employment as a non- commissioned security officer, commissioned security officer, and/or personal protection officer during the Covered Incident to receive the benefits of this Legal Services Contract.
- Legal Service Contract Holder Must Possess Proper Credentials.
- Non-Commissioned Security Officer: In order for a non-commissioned Legal Service Contract Holder to receive legal representation in a Covered Incident, the Legal Service Contract Holder must have successfully completed Level II training and the examination required by Texas Occupations Code §1702.117.
- Commissioned Security Officer: In order for the Legal Service Contract Holder to receive legal representation in a Covered Incident where a weapon was displayed or discharged, the Legal Service Contract Holder must have: (1) successfully completed Level III training requirements under Texas Occupations Code §1702.1675; (2) met the firearm requirements of Texas Occupations Code §1702.168 and §1702.1685; and (3) successfully completed a written and physical demonstration handgun proficiency examination within 90 days before the issuance date of the security officer commission.
- Personal Protection Officer: In order for the Legal Service Contract Holder acting as a personal protection officer to receive the benefits of this Legal Service Contract, he or she must have: (1) received a certificate of completion of basic security officer training course and completed Level IV training requirements under Texas Occupations Code §1702.204, (2) been issued a security officer commission, (3) been employed at the time of application by an investigations company or guard company licensed by the Texas Private Security Board, (4) completed the required training in nonlethal self-defense or defense of a third person, and (5) satisfactorily completed the Minnesota Multiphasic Personality Inventory test. The Legal Service Contract Holder must be engaged in the performance of their personal protection duties and carry their firearm concealed unless wearing a security officer uniform.
- Legal Service Contract Holder Must Be In Legal Possession of Weapon or Firearm.
- Texas LawShield LLP will have no obligations whatsoever to provide an Attorney for Legal Service Contract Holder if at the time the Legal Service Contract Holder uses his or her weapon or firearm, the Legal Service Contract Holder was not in lawful possession under local, state and federal law.
- Legal Service Contract Holder Cannot Be In the Commission of a Crime During Covered Incident.
- This Legal Service Contract specifically excludes any legal representation for the Legal Service Contract Holder's conduct, if at the time of the Covered Incident, Legal Service Contract Holder was in the commission of any crime for which justification under state law is inapplicable. Further, sexual conduct by the Legal Service Contract Holder is hereby defined as not part of the "course and scope of employment" and is specifically excluded.
- TRANSFERABILITY & REIMBURSMENT
- CANCELLATION OF CONTRACT & REINSTATEMENT
- A Legal Service Contract Holder may terminate the Legal Service Contract by providing Texas LawShield LLP with written notice of Legal Service Contract Holder's intent to terminate the contract not later than the seventh day after the date the Legal Service Contract Holder receives the contract.
- If the Legal Service Contract is terminated by the Legal Service Contract Holder in accordance with Section A above and the Legal Service Contract Holder has not sought legal services under the contract before termination, the Legal Service Contract is void and Texas LawShield LLP shall refund the Legal Service Contract Holder or credit the Legal Service Contract Holder's account the full purchase price of the contract.
- Texas LawShield LLP may cancel a Legal Service Contract by mailing a written notice of cancellation to the Legal Service Contract Holder to the last known address according to the records of Texas LawShield LLP Texas LawShield LLP must mail notice before the fifth day preceding the effective date of the cancellation. The notice must state the effective date of the cancellation and the reason for cancellation.
- Texas LawShield LLP is not required to provide prior notice of cancellation if the Legal Service Contract is cancelled because of:
- A material misrepresentation by the Legal Service Contract Holder to Texas LawShield LLP;
- A substantial breach of a duty by the Legal Service Contract Holder; or
- Cancellation of the contract by the Legal Service Contract Holder to Texas LawShield LLP.
- There shall be a grace period of 31 Days for non-payment. If terminated for non-payment, the Legal Service Contract will be reinstated, with full rights and benefits, provided (1) the contract is not terminated pursuant to subsection D(ii) or D(iii) above, (2) the Legal Contract Holder remits to Texas LawShield LLP within 31 days from the date the amounts owing first became delinquent all fees necessary to pay the Legal Service Contract to a current status, and (3) there has been no Covered Incident during the period in which the Legal Contract Holder has been delinquent in making payments
- DUTIES OF LEGAL SERVICE CONTRACT HOLDER
- Legal Service Contract Holder has a duty to promptly notify Texas LawShield LLP if a Covered Incident occurs involving the Legal Service Contract Holder.
- The Legal Service Contract Holder agrees to fully cooperate with Contracting Attorney in a defense at any legal proceeding, attend any and all court dates, court hearings, and other official appearances in connection with the charges in this matter. The Legal Service Contract Holder agrees further to immediately inform Texas LawShield LLP and Contracting Attorney of anything that will prevent the Legal Service Contract Holder from attending scheduled court dates or appearances.
- It is agreed that the Legal Service Contract Holder will keep all appointments with Texas LawShield LLP or any Contracting Attorney and, if an unexpected event occurs that prevents keeping an appointment, the Legal Service Contract Holder agrees to immediately notify Texas LawShield LLP if an appointment cannot be kept.
- The Legal Service Contract Holder agrees to promptly inform Texas LawShield LLP of all changes in his or her address or telephone number.
- Request for legal services may be initiated by calling Texas LawShield LLP's emergency hotline or phoning the office at (877) 474-7184, or through email at firstname.lastname@example.org.
- GENERAL PROVISIONS
- Items Not Covered Under This Contract. It is expressly understood that any expenses associated with investigators, expert witnesses, witness attendance, or other persons necessary to assist in the defense of the case, bail bonds, or other court fees shall be solely the responsibility of the Legal Services Contract Holder and paid directly by the Legal Service Contract Holder. This Legal Service Contract shall not cover expenses related to securing the testimony or evidence of any witness or expert witness, including but not limited to witness fees, witness travel expenses, and/or lodging.
- It is expressly understood that any expenses associated with an appeal taken to the Court of Appeals or the Court of Criminal Appeals, petition for discretionary review to the Court of Criminal Appeals, or any other form of appellate review, whether in state or federal court is not covered by this Legal Service Contract.
- No change in the contract is valid until the change has been approved by an executive officer of Texas LawShield LLP and unless such change is endorsed or attached to the contract. There is no modification of the Legal Service Contract rates while it is in effect. Contract rates may be modified upon renewal of the Legal Service Contract on the anniversary date of signup.
- Complaint and Grievance. Any and all complaints, claims or grievances between the Legal Service Contract Holder and Texas LawShield LLP or any of its affiliates and/or the Contracting Attorney and/or any of its affiliates shall be submitted to binding arbitration in Harris County, Texas, pursuant to the terms and provisions of the American Arbitration Association.
- Legal Service Contract Holder may at all times retain counsel different than provided under this contract, however, Legal Service Contract Holder shall be responsible for all attorneys' fees, cost and expenses of this different counsel and shall receive no reimbursement under this contract.
- Subrogation rights — There are no subrogation rights under this Legal Services Contract.
- It is expressly agreed and understood that NO PROMISES OR GUARANTEES as to the outcome of any case (past, current or future) have been made to Legal Service Contract Holder by Texas LawShield LLP or Contracting Attorney. It is further expressly agreed and understood that no other representations have been made to Legal Service Contract Holder, except for those set out in this contract.
A "covered incident" shall be defined as occurring when:
The legal services described herein shall be available to the Legal Service Contract Holder who enrolls and pays the appropriate fee under the Legal Service Contract. The effective date of the legal services is the day of signup where the first payment is made by the Legal Service Contract Holder. There is no termination date under this Legal Service Contract.
The legal services described herein are not available to the dependents, heirs or assigns of the Legal Service Contract Holder.
The consideration provided by the Legal Service Contract Holder entitles them to the following legal services by a Contracting Attorney and these services may be utilized by calling Texas LawShield LLP on the business telephone numbers provided on membership cards, or, in case of emergency the 24/7 hotline telephone number provided to each Legal Service Contract Holder.
There are no deductibles or copayments under this Legal Service Contract.
The Legal Service Contract is not transferable and the benefits contained herein are not assignable and shall provide no amount of reimbursement of costs, fees or expenses not specifically covered by this contract.
Texas LawShield, LLP is a registered legal service contract company in the State of Texas. This Legal Service Contract is not an insurance contract. Legal service contract companies and their sales representatives are regulated by the Texas Department of Licensing and Regulation (TDLR). You may contact TDLR at P.O. Box 12157, Austin, Texas 78711, telephone (512) 463-6599, toll free 1 (800) 803-9202, email@example.com