TEW: A-ETOKNEY GENERAL
OF TEXAS
August 5, 1970
Mr. J. Mason Lankford, Jr.
Chairman
Board of Private Detectives,.Investigators, '~ ,:'..'
Patrolmen, Guardsmen, and Managers~::.
P.0. BOX '12577, Capitol Station .,
Austin, Texas 78i’11 Opinion No. M-664 '. ,, ",
Re: Applicability'of.Article 4413
(29bb), V.C.S., to certain
Dear Chairman Lankford: situations.
You have asked an opinion of this office concerning
the applicability of Article 4413(29bb), Vernon's Civil
Statutes, to certain situations. Rephrased, your ques-
tions are as follows:
Can an unlicensed off-duty policeman of
a municipal police department or other
political subdivision of this state.
employ other off-duty policemen or
officers in a private enterprise to per-
form guard duty or patrol duty under the
provisions of Section 14(a) of Article
4413(29bb), without being licensed under
this Article7
Can an alarm agency, approved by the State
Board of Insurance, perform the following
services subsequent to installations of an
alarm system and incident to the sounding
of an alarm, without its personnel obtain-
ing a license: Send their representative
to answer the alarm, furnish a key to
police officers for entrance to the pre-
mises, assist the police as they may re- ~,
quest in their check of the premises, and
reset the alarm after the police have
finished their work3
-3171-
Mr. J. Mason Lankford, Jr., Page 2, (M-664 )
The pertinent part of Article 4413(29bb), reads
as'follows:
"SUBCHAPTER C. LICENSES.
"License required and false representation prohibited
"Sec. 13. (a) It shall be unlawful and
punishable as provided in Section 45 of this
Act for any person to engage in the business
of, or perform any service as, a private de-
tective, private investigator or private patrol
operator or to offer his services in such
capacities unless he is licensed under the
provisions of this Act.
"(b). It is unlawful and punishable as
provided in Section 45 of this Act for any
person to represent falsely that he is
employed by a licensee. u
"Exceptions
"Sec. 14. (a) This Act does not apply to
" (1)
"(2) &'o;ficer or employee of the United
States of America, or of this state or a political
subdivision of either, while the employee or
officer',isengaged inOAe perfarnlance"of.offr~~al'.
duties;
I,
"(*i *alarm
o agencies approved by the State
Board of Insurance.
" '. . ."
In ,answer to your first question, Section 14(a) (2) pro-
vides quite unambiguously and clearly that the Act does not
apply to an officer or employee of the United States of
America or of this state or a political subdivision of either,
II
. . . while the employee or officer is en a ed in the per-
formance of official duties, . . ." (Emphasis
Ad). a Obvious-
ly, therefore, an off-duty policeman of this.state or political
subdivision engaged in a private enterprise of his own is not
excee from the provisions of this act and thus must set=
'aTicense when not engaged in the performance of his official
duties as an employee of one of the employers named in Section
-3172-
Mr. J. Mason Lankford, Jr., Page 3, (M-664 )
14(a) (21, supra. Section 13(a), quoted above, is to the same
effect.
In answer to your second question, our opinion is that
the activities you set out, when performed by personnel of an
alarm agency approved by te State Board of Insurance, comport
with the normal and customary activities of alarm agencies,
and therefore in the performance of these activities such
employees are excepted by Section 14(a) (8) from the license
provisions of Article 4413(29bb).
SUMMARY
Without securing a license an off-duty
policeman of a municipal police department
or other political subdivision of this state'
may not conduct a private enterprise, employ-
ing other off-duty policemen or officers, to
perform guard duty or patrol. Article 4413
(29bb), Section 13(a) and 14(a) (2).
An alarm agency, approved by the State
Board.of Insurance may'performcertain~ acti-
vities herein named at the premises from
which an alarm may be received without its
personnel having obtained a license under
‘-the provisions of Article 4413 9bb).
3
Atto ey General of Texas
Y
Prepared by Bennie W. Bock, II
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
-.3173-
Mr. J. Mason Lankford, Jr., Page 4, (M- 664 1
Ben Harrison
Terry Goodman
Mitchell Williams
Sam Jones,
MSADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant Attorney General