THE ATTORNEY GENERAL 

OF TEXAS 

P 

Mr. Fred Toler Opinion No. ~~-878 

Executive Director 

Commission on Law Re: Whether the Texas ComEnforcement Officer mission on Law Enforcement 

Standards and Education Officer Standards and Edu1606 Headway Circle, Suite 100 cation is authorized to 

Austin, Texas 78754 accept license applications for public security 

officers employed by the 

Port of Houston (RQ-1322) 

Dear Mr. Toler: 

you ask whether the Commission on Law Enforcement 

Officer Standards and Education may accept applications 

submitted by the Port of Houston Authority (the Authority) 

for licenses that would allow certain of the Authority's 

employees to act as "public security officers" as defined 

in article 4413(29aa), section 6(h), V.T.C.S.1 Because 

the Authority has no power to employ "public security 

officers," it has no authority to submit applications for 

licenses for such individuals. 

The Authority, formerly known as the Harris County - 

Houston Ship Channel Navigation District, is a "navigation 

district" organized pursuant to article XVI, section 59, 

of the Texas Constitution. See aenerailv Attorney General 

Opinion H-137 (1973) for a discussion of the origin and 

evolution of the Authority in the law. The Authority is a 

1. Article 4413(29aa) has been repealed and codified 

in section 415 of the Government Code. Sections 6(c) and 

6(h) of article 4413(29aa) were amended subsequent to the 

general codification of article 4413(29aa). The 

effectiveness of the amendments is not hindered by the 

action of the same legislature in providing for repeal of 

the statute precedent to its codification. Gov't Code 

5311.031(c). 

p. 4288 
Mr. Fred Toler - Page 2 (JM-878) 

political subdivision of the state. Guara&y Petroleum 

Corworati n v. 

v. iarris 

Armstronq, 609 S.W.2d 529, 530 (Tex. 1980); 

Smith Countv - Houston ShiD Channel Na iaation - 

Pistri ct, 330 S.W.2d 672 (Tex. Civ. App. - Ft. Wozh 1959 

no writ). The Authority derives its powers from th;! 

constitution and the statutes governing the discharge of 

its duties. Attorney General Opinions Nos. JM-742 (1987); 

JM-258 (1984); and M-171 (1967). 

The Authority may exercise only those powers that are 

expressly delegated to it or that are clearly implied from 

such express powers. Tri-Citv Fresh ater Su~olv Di 1 

Er 

&Of: 

of Harris Countv v. Mann, 142 SWW.2d 945 946"tGeEt 

J,ower Nueces River Water Suvolv District v. 

mrtwriaht 

Antonio 1944 

274 S.W.2d 199, 207 (Tex. Civ. App. - San 

writ ref'd n.r.e.). 

those that ake llindisnensable 

Implied powers are 

to the accomplishment of the 

purpose" for which the political subdivision was created; 

powers "merely convenient" or Vseful" cannot be implied 

and may not be assumed by the subdivision. Tri-Citv 

Freshwater SUDW~Y District No. 2 of Harris County, suvra, 

at 947 (emphasis added). 

In Attorney General Opinion No. ~JM-742 (1987) we - 

considered whether the Authority may employ armed security 

guards who are not commissioned peace officers as defined 

in article 2.12 of the Code of Criminal Procedure, to 

perform law enforcement duties on its property. We 

concluded that the Authority is permitted to employ only 

commissioned peace officers: 

PIhe legislature specifies that law 

enforcement activities on the authority's 

property , and necessary to its functions, 

are to be carried out by commissioned peace 

officers, who are to act with all of the 

authority of a commissioned peace officer, 

such as a county sheriff or constable. 

Attorney General Opinion No. JM-742 (1987). See also 

Water Code 560.077. 

We are aware that the legislature has created a new 

class of potential licensees in the field of security 

personnel. A l'public security officer" is "any person 

? 

employed or appointed as an armed security officer by the 

state or by any political subdivision of the state," and 

all "public security officers" must be licensed. The 

provisions of article 4413(29aa) that apply to the - 

p. 4289 
Mr. Fred Toler - Page 3 (JX-878) 

issuance or revocation of a license to a peace officer 

also apply to the issuance or revocation of a license for 

a public security officer. 

Leg., ch. 

See ae?eraJJ,y Acts 1987, 70th 

758, §§2 and 3, amendlna article 4413(29aa), 

sections 6(c) and (h), V.T.C.S., to be codified in chapter 

415 of the Government Code. The Commission has 

established permanent standards for the licensing of 

"public security officers" that are different, and less 

stringent, than those applicable to commissioned peace 

officers. See 37 T.A.C. 5211.102 and comoare 37 T.A.C. 

5211.77.2 

The statute requiring public security officers to be 

licensed does not permit the Commission to act on the 

applications for licenses submitted by the Port of Houston 

Authority. Such would be the case if the Authority were 

permitted to employ "public security officers" for law 

enforcement purposes. The Authority is not permitted to 

do so, and nothing in the recent legislation requiring the 

licensing of public security officers grants to the 

Authority the power to use other than commissioned peace 

officers to enforce the law on its property. Because the 

Authority has no power to employ public security guards 

for law enforcement purposes, it has no power to submit 

applications to the Commission for the licensing of such 

personnel. Tri-Citv Freshwater Sunvlv District No. 2, 

sunra. 

SUMMARY 

The Port of Houston Authority, 

navigation district organized pursuant tt 

article XVI, section 59, of the Texas 

Constitution, has no authority to employ 

public security officers for law enforcement 

purposes. Rather, the legislature specifies 

2. The legislation which amended article 4413(29aa) to 

include a definition of "public security officer" and to 

require such personnel to be licensed initially contained 

language defining a "public security officer" as a "peace 

officer." See H.B. 

Representative Oakley. 

559, 70th Legislature as filed by 

That language was removed prior to 

final passage. 

p. 4290 
Mr. Fred Toler - Page 4 (JH-878) 

that law enforcement activities on the 

Authority's property, and necessary to its 

functions are to be carried out by commissioned peace officers. Water Code 560.077. 

JIM MATTOX 

Attorney General of Texas 

MARYKELLJZR 

First Assistant Attorney General 

L.aJ MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Don Bustion 

Assistant Attorney General 

p. 4291