Must a security officer hired by a Texas harbor or port board be armed to be licensed by the state's law enforcement standards commission?

Texas AG Opinion JM-1139: Port Security Officer Licensing Under Article 1187f

Plain-English summary

The executive director of the Commission on Law Enforcement Officer Standards and Education asked whether a public security officer employed by the state or a political subdivision is subject to the commission's licensing, when the statute authorizing the employment does not use the word "armed." The specific statute in question was article 1187f, V.T.C.S., which the 71st Legislature had amended by Senate Bill 844 to let harbor and port facility boards employ "public security officers licensed by the Commission on Law Enforcement Officer Standards and Education."

The Attorney General concluded that security officers employed under article 1187f, as amended, must be armed. The Government Code's definition of "public security officer" covers only armed officers employed by the state or a political subdivision, not officers employed by private security companies under contract. Because that armed-officer definition is the only category of security officer the commission can license, and because the 1989 amendment specifically ties harbor and port board hiring to officers "licensed by" the commission, the opinion read that language as showing the legislature meant those officers to be armed. The opinion noted the amendment appeared to respond to two earlier AG opinions (JM-742 and JM-878) that had found the Port of Houston Authority lacked authority to hire armed security guards or have its security officers licensed, because its governing statute at the time did not clearly authorize hiring public security officers.

Currency note

This opinion was issued in 1990. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule mentioned here.

Common questions

Does every Texas statute authorizing a "public security officer" imply the officer must be armed?
No. The opinion said each authorizing statute has to be examined on its own to determine the legislature's intent; it did not announce a blanket rule beyond article 1187f.

Why did the harbor and port board statute specifically require armed officers?
Because the Government Code defines a licensable "public security officer" as an armed officer employed by the state or a political subdivision, and the amendment tied board hiring to officers licensed by the commission, the only class of officer eligible for that license is an armed one.

What prompted the 1989 amendment to article 1187f?
The opinion traced it to two earlier AG opinions, JM-742 (1987) and JM-878 (1988), which found the Port of Houston Authority's then-existing statute did not authorize it to hire armed security guards or have officers licensed by the commission.

Background and statutory framework

Government Code section 415.001 defines "public security officer" as any person employed or appointed as an armed security officer by the state or a political subdivision, excluding officers employed by private security companies under contract with the state or a subdivision. Article 1187f, as amended by Senate Bill 844 (Acts 1989, 71st Leg., ch. 867, at 3858, effective June 14, 1989), authorizes a harbor and port facility board to employ one or more public security officers licensed by the Commission on Law Enforcement Officer Standards and Education, which maintains licensing standards under 37 T.A.C. § 211.101. The opinion connected the 1989 amendment to Attorney General Opinions JM-742 (1987), which held the Port of Houston Authority lacked authority to hire armed security guards because law enforcement on its property was limited to commissioned peace officers, and JM-878 (1988), which held the commission lacked authority to license the Port of Houston Authority's security officers for the same reason, and to the Senate Bill 844 bill analysis describing the amendment as specifically authorizing harbor and port boards to employ commission-licensed public security officers.

Citations

Statutory provisions:

• TEX. GOV'T CODE § 415.001 (definition of "public security officer")
• V.T.C.S. art. 1187f, as amended by Acts 1989, 71st Leg., ch. 867, at 3858 (SB 844)
• 37 T.A.C. § 211.101 (commission licensing standards)

Prior Attorney General opinions cited: JM-078 (1988); JM-742 (1987); JM-878 (1988).

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-1139
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1990/jm1139.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

February 2, 1990

Mr. Fred Toler
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
1606 Headway Circle, Suite 100
Austin, Texas 78754

Opinion No. JM-1139

Re: 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 (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, means any person employed or appointed as an armed security officer by the state or any political 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 legislature omits the word "armed" in authorizing the state or a political subdivision to employ "public security officers." You suggest that in such instances, the grant of authority 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, see 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 JM-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.

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 Commission on Law Enforcement Standards and Education.

Very truly yours,

JIM MATTOX
Attorney General of Texas

MARY KELLER
First Assistant Attorney General

JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Tom G. Davis
Assistant Attorney General