Bouncer Laws and Regulations in Texas

Under bouncer laws and regulations, bouncers in Texas provide security services for bars and nightclubs. A bouncer is not the same as a security officer. Security officers are people who are licensed to provide security services.

A bouncer who does not have a special license is a regular employee. A bouncer who is an employee of their employer’s establishment is subject to the ordinary legal rules regarding the use of force.

The ordinary Texas rules that govern the use of force require that force can only be used in self-defense. When self-defense is used, the level of force cannot be more than what is necessary to respond to the threat of force being used.

Bouncers cannot forcibly remove people from an establishment. Instead, they have to call the police to do so.

Additionally, conduct of patrons that an ordinary individual would find simply annoying or irritating does not constitute a threat that requires the use of force. A bouncer can perform job tasks that are permitted by law, including:

• Asking someone to leave the establishment
• Refusing to allow an individual who appears to be visibly intoxicated to enter the establishment
• Detaining a patron who is committing a crime.
  • This right to detain is referred to as the right to make a citizen’s arrest.
    • In order to make a citizen’s arrest, the bouncer must witness the crime. The bouncer is permitted to restrain the suspect until law enforcement arrives. The level of restraint has to be reasonable.

False imprisonment and illegal restraint are criminal offenses, so bouncers are not permitted to restrain an individual who is a patron of the establishment unless the bouncer is making a citizen’s arrest. Texas lawyers can provide more information about the laws that apply to Texas bouncers.

In Texas, What Are Bouncers Not Legally Allowed To Do?

Pursuant to criminal and police law, bouncers are not permitted to forcibly remove individuals from public establishments. Instead, they are required to call law enforcement, as noted above.

Additionally, if a patron is engaging in conduct that an ordinary person would find simply annoying or irritating, it would not constitute a threat that justifies the use of force.

If the bouncer restrains an individual without the justification of citizen’s arrest, they may be liable for false imprisonment. If a patron is restrained unjustifiable, the patron may be able to sue the bouncer for the civil wrong of false imprisonment.

Bouncers may be held civilly liable for false imprisonment when they:

• Say words or commit acts with the intent to confine the victim
• The victim was actually confined for a period of time
• The victim knew that they were being confined

False imprisonment is also called unlawful restraining in some locations. The main elements of this civil wrong are essentially the same, including:

• Detention: False imprisonment involves the detention of an individual that is intentional. This means the bouncer must intend for their actions to result in the patron’s confinement.
  • There is, however, no requirement that a patron be physically placed in a room, a secure building, or another type of confined area.
  • It is enough that a patron believes they are restrained from leaving an area. This means detention may result from false representations, verbal orders, or actual physical restraints, for example, handcuffs.
  • The threat of violence or violence can also effectively cause detention. When force was threatened and the patron had a reasonable apprehension or feared threatened use of force, it would be sufficient to establish detention.
    • This may also be considered civil assault.
• Unlawful: A bouncer cannot unlawfully restrain an individual if they have the legal authority to do so. It is, however, up to the court to determine the lawfulness.
  • If a bouncer restrains an individual without believing they have the legal authority to do so and the court determines they did not have the authority, they can face unlawful restraint criminal charges or face a civil lawsuit for false imprisonment.
• Duration of the Restraint: There is not a minimum time requirement that makes restraint unlawful. Even if the confinement only lasts a few moments, it may be enough to constitute unlawful restraint.
• Consent: The patron must not have been a willing participant. In other words, if the bouncer asked them to go to a security area or back office, false imprisonment will not apply if the patron accompanied the bouncer voluntarily.
• Escape: The detention must be complete. This means the patron could not leave.
  • For example, if the individual could leave the confined area by walking away or simply opening a door, they were not confined.
  • The patron, however, must have known about the reasonable manner of escape and be capable of acting. If a patron believed walking away would cause harm or violence because of a threat, that may be enough to make the detention total, even when there was an avenue of escape.

I Was Assaulted by a Bouncer in Texas. What Should I Do?

If a bouncer assaulted a patron of a club or bar on their own, or not at their employer’s direction, the bouncer can be sued for the patron’s injuries. A patron may be able to file a claim for civil assault or battery.

The patron may also be able to sue the employer of the bouncer on different theories, such as negligent hiring, negligent retention, or negligent supervision. The patron may also be able to file a police report and the bouncer may face criminal prosecution for assault and battery.

Lawsuits against bouncers may not be financially effective for a few different reasons. Bouncers may have limited financial resources. This may limit the amount of money damages that a patron could recover.

When a claim is filed against a bouncer, they may claim that they acted in self-defense or assert other defenses to civil battery. A self-defense claim may be successful if the bouncer can show the force they used was proportional and reasonable under the circumstances.

The success of any type of case will depend on the facts and circumstances that led to the assault or battery. Additionally, the urgency of the proceeding also depends on the extent of an individual’s injury.

It is important to reach out to a personal injury attorney for a review of the facts of a case. An attorney with experience can advise an individual whether a lawsuit will be worthwhile and whether the plaintiff can expect to recover an award of damages from the bouncer.

A personal injury attorney can also assess the possibility of naming the bouncer’s employer in a lawsuit for negligent hiring, negligent retention, or negligent supervision of the bouncer. It is important to schedule a Texas lawyer consultation to determine the possibilities of filing a civil lawsuit or the likelihood of criminal charges.

Do I Need an Attorney in Texas for Help With a Claim Involving Bouncers?

It can be very difficult to determine what claims you may be able to make against a bouncer in Texas if you have been injured because of their conduct. You may be able to make claims in both civil court and seek criminal charges but you will need a lawyer’s analysis of the facts and circumstances surrounding the incident.

A Texas personal injury lawyer can help you determine what consequences the bouncer may face, as well as what damages you may be able to recover. Your attorney will be able to explain your options and your legal rights and will represent you in court when you have to appear.

It is important to submit your case on the LegalMatch website as soon as you can to find a Texas personal injury attorney in your area who can help you. You will receive responses from prescreened and licensed Texas attorneys that includes their background, fees, and client reviews.