Untitled Texas Attorney General Opinion

March 12, 1975 The Honorable Joe Reswebsr Opinion No. H-549 County Attorney Harris County Courthouse Re: Authority of Port of Houston, Texas 77002 Houston Security Offkern to carry firearms Dear Mr. Resweber: You have requested our opinion concerning whether recurity officera employed by the Port of Houston Authority, formerly the Harrie County Houston Ship Channel Navigation District, may carry handguns while on or off duty and whether detention0 and arrests made by such security officers are valid and proper. Section 46.02 of the Penal Code makes it unlawful to carry a handgun. However, section 46,03 render8 thio prohibition inapplicable to a person: (I)...in the actuai discharge of his official duties a8 a p&ace offtcer, a member of the armed forces or national guard, o,r a guard employed by a penal inetitutton; (2) on his own premises or premises under hia control; (3). traveling,; or (4) engaging in lawful hunting or fishing or other lawful 8portbg activity. The first three categories are essentially a restatement of prior law, See - Practice Commentary to section 46. OS, Vernon’s Annotated Penal Code. You have asked whether the security officers are exempted by sub- sections (1) or (2),and if so to what extent. p. 2466 The Honorable Joe Reswebcr, page 2 (H-549) The definition section of the Penal Code defines “peace officer” as “a person so designated by the Code of Criminal Procedure, 1965.” Penal Code $1.07(a)(25). However, we do not believe that this definition by reference is intended to repeal other statutes specifically authorizing or designating certain persons as peace officers. Article 2.12 of the Code of Criminal Procedure itself does not state that it is intended to so repeal such designations. The rule is well established that enactment of a general law does not ordinarily operate as a repeal of a particular law by implication. 53 Tex. Jur. 2d Statutes $ 110, and cases cited therein. See - Attorney General Opinion H-522 (1975). In our opinion, where a person is either designated as or authorized to act as a peace officer by specific statute, he is exempted from the provisions of section 46.02 by section 46.0311). even though he is not listed in article 2.12. Section 60.077 of the Water Code, which deals with the powers of navi- gation districts, provides: In prosecutions involving the enforcement of the provisions of this subchapter or the enforcement of any ordinance, rule, or regulation of the district,. any sheriff, constable, or other duly conetituted peace officer of the State of Texas or any peace officer employed or appointed by the commission may make arrests, serve criminal warrants, subpoenas, or writs, and perform any other service or duty which may be performed by any sheriff, constable, or other duly constituted peace officer of the State of Texas in enforcing other laws of this state. It is our opinion that this section empowers a navigation district to employ peace officers. Of course, any peace officer appointed by a district must satisfy the requirements of article 4413(29aa). Section 6b of that article, specifically requires the completion of a basic course in law enforcement within one year of appointment. Attorney Gsneral Opinions M-966 (1971), M-767 (1971). A peace officer appointed by a navigation district may therefore carry a handgun while “in the actual discharge of his official duties. ‘I Penal Code $46.030. In our opinion, going to and from the place of performance of these p. 2467 The Honorable Joe Resweber. page 3 (I-I-549) duties is a necessary incident of the “actua