THE ATTORNEY GENERAL
0F TEXAS
February 2, 1990
Mr. Fred Toler Opinion No. JM-1139
Executive Director
Texas Commission on Law Re: Whether a public secu-
Enforcement Officer rity officer employed by
Standards and Education the state or a political
1606 Headway Circle, Suite 100 subdivision is subject to
Austin, Texas 78754 licensing by the Commission
on Law Enforcement Officer
Standards and Education
(RQ-1809)
Dear Mr. Toler:
You ask whether a public security officer employed by
the state or a political subdivision is subject to licensing
- by the Commission on Law Enforcement Officer Standards and
Education.
In Attorney General Opinion JM-078 (1988) it was noted
that the commission is charged with the responsibility of
licensing public security officers and that the commission
has established a set of licensing standards. See 37 T.A.C.
§ 211.101.
Public security officer is defined in section 415.001
of the Government Code, as follows:
'Public security officer,' for the purposes
of this Act, p&?&l~ anv oerson e ~1 v d K
anoointed as an armed securitv offyce: Ev tie
state or anv oolitical subdivision of the
state, but does not include security officers
employed by private security companies who
contract with the state or any political
subdivision of the state to provide security
services for the entity. (Emphasis added.)
Your concern is directed to instances where the legis-
lature omits the word "armedBt in authorizing the state or a
political subdivision to employ @'public security officers."
r‘ You suggest that in such instances, the grant of authority
P. 6002
Mr. Fred Toler - Page 2 (JM-1139)
to employ public security officers implies that the person
will be armed.
It is impossible for us to formulate a rule that will
apply to every statute authorizing the state or political
subdivision to employ a public security officer. Each
statute in question has to be examined to ascertain the
intent of the legislature. We can, however, answer your
question in regard to the specific statute you mention,
article 1187f, V.T.C.S.
Article 1187f as amended by Senate Bill 844, m Acts
1989, 71st Leg., ch. 867, at 3858 (effective June 14, 1989),
authorizes the board of a harbor and port facility in
establishing a port security force "to employ one or more
public security officers licensed by the Commission on Law
Enforcement Officer Standards and Education."
The amendment to article 1187f appears to have been in
response to Attorney General Opinions JW-742 (1987) and
JM-878 (1988). Attorney General Opinion JM-742 concluded
that the Port of Houston Authority did not have the
requisite authority to hire "armed security guards" since
law enforcement activities on the authority's property were
statutorily limited to commissioned peace officers.
Attorney General Opinion JM-878 concluded that the
commission had no authority to license public security
officers employed by the Port of Houston Authority since the
authority was not statutorily empowered to hire this class
of officers. After noting the statutory definition of
public security officer, the opinion stated that the
commission would have licensing authority if the Port of
Houston were permitted to hire public security officers.
The purpose of the amendment as stated in the bill
analysis to Senate Bill 844 provides:
SB 844 amends existing law to specifically
authorize harbor and port facility boards to
employ public security officers licensed by
the Commission on Law Enforcement Standards
and Education.
We believe that the legislature in providing harbor and
port boards with authority to employ public security
officers licensed by the commission evidenced an intent that
the officers appointed or employed be armed security
officers, since this is the only class of security officers
subject to being licensed by the commission.
P. 6003
Mr. Fred Toler - Page 3 (JM-1139)
SUMMARY
A public security officer employed by the
board of a harbor and port facility pursuant
to article 1187f, V.T.C.S., as amended by
the 71st Legislature, is an armed security
officer subject to licensing by the Com-
mission on Law Enforcement Standards and
J I&
Education.
Very truly yo
- A
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
JUDGE ZOLLIE STEAKLSY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
,-
P. 6004