Texas Attorney General Opinion: LO97-111 Page: 6 of 6
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The Honorable Jerry Patterson - Page 6
act to apply to a political subdivision as a "person" that must obtain a license, it would have so
expressly provided. In sum, the district is not subject to the act."
SUMMARY
Part-time peace officers, off-duty from other jurisdictions, employed and
commissioned by a public junior college district pursuant to Education Code
section 51.203 have the same police powers as the district's full-time peace
officers employed and commissioned under such section. The licensure
requirements of the Private Investigators and Private Security Agencies Act,
Texas Civil Statutes article 4413(29bb), do not apply to a junior college
district, a political subdivision of the state.
Yours very truly,
Sheela Rai
Assistant Attorney General
Opinion Committee
'We note that the act also does not apply to "an officer or employee of the United States of America, or this
State or political subdivision of either, while the employee or officer is engaged in the performance of official duties"
except as specifically provided. See V.T.C.S. art 4413(29bb), 3(aX2), (e); Attorney General Opinion JM-742 (1987)
at 5 n. 2 (because authority is political subdivision, security guards employed by it need not be licensed under act;
political subdivision may choose to seek licensing of security guards); see also V.T.C.S. art. 4413(29bb), 3(aX22) (act
does not apply to person employed as noncommissioned security officer by political subdivision). Accordingly, the
act's strictures governing exemption of regular, fiull-time peace officers who are privately employed while off-duty
under section 3(aX3) would not apply to a peace officer employed by the district and exempted by section 3(aX2). See
id. 3(a)(2), (3) (act does not apply to person who has full-time employment as peace officer who receives
compensation for private employment if person satisfies requirements set forth in statute); Attorney General Opinion
DM-287 (1994) (section 3(aX3) exemption applies only to person employed directly by security recipient). Of course,
a peace officer employed by an individual who contracted with the district to provide security officers would not be
exempt from the licensing requirements of the act pursuant to the above sections. See id.; see also Attorney General
Opinion DM-212 (1993) at 6 (if school district contracts directly with private security service for security officers,
security service must be licensed under act).(L097-111)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-111, text, December 10, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277293/m1/6/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.