## 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.Article4413 (29bb),V.C.S., to certain Dear Chairman Lankford: situations. You have asked an opinion of this office concerning the applicabilityof Article 4413(29bb),Vernon's Civil Statutes, to certain situations. Rephrased,your questions are as follows: Can an unlicensed off-duty policeman of a municipalpolice department or other political subdivisionof this state. employ other off-duty policemen or officers in a private enterprise toperform guard duty or patrol duty under the provisions of Section 14(a) of Article 4413(29bb),without being licensed under thisArticle7 Can an alarm agency, approvedby the State Board of Insurance,perform the following services subsequent to installationsof an alarm system and incident to the sounding of an alarm,without its personnelobtaining a license: Send their representative to answer the alarm, furnish a key to police officers for entrance to the premises, assist thepolice as theymay re- ~, quest in their check of the premises, and reset the alarm after the police have finished theirwork3

-3171-Mr. J. Mason Lankford, Jr., Page 2, **(M-664** )

The pertinent part of Article 4413(29bb), reads as'follows:

"SUBCHAPTERC. LICENSES. "License required and **false** representationprohibited "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 detective,private investigatoror private patrol operator or to offer his services in such capacitiesunless he is licensedunder 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 subdivisionof either,while the employee or officer',is

engaged inOAe perfarnlance"of.offr~~al'. duties; I, "(*i * o

**alarm** agencies approvedby the State Board of Insurance. " '.. ." In ,answerto your first question, Section 14(a)(2)provides quite unambiguouslyand 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 subdivisionof either, II

. . .while the employee or officer is en a ed in the performanceof official duties,
. . ." Ad). Obvious(Emphasisa ly, therefore, an off-duty policeman of this.state or political subdivisionengaged in a private enterprise of his own is not excee from theprovisions of this act and thusmust set= 'aTicensewhen **not** engaged in theperformance 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 activitiesyou 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, employing 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, approvedby theState Board.of Insurancemay'performcertain~ acti**vities** herein named at the premises from which an alarm **may** be receivedwithout its personnel having obtained a license under ‘- the provisions of Article 4413 3 9bb).

AttoY ey General of Texas 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 AssistantAttorney General