### 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 Edu1606Headway Circle, Suite 100 cation is authorized to Austin, Texas 78754 accept license applications forpublic security officers employed by the Port ofHouston (RQ-1322)

Dear Mr. Toler:

you ask whether the Commission on Law Enforcement Officer Standards and Education may accept applications submitted by the Port ofHouston Authority (theAuthority) for licenses thatwould allow certain of the Authority's employees to act as "public security officers" as defined inarticle 4413(29aa), section 6(h),V.T.C.S.1 Because theAuthority has no power to employ "public security officers," ithas no authority to submit applications for licenses for such individuals.

TheAuthority, formerly known as the Harris County - Houston Ship Channel Navigation District, isa "navigation district" organized pursuant to article XVI, section 59, of the Texas Constitution. See aenerailv Attorney General Opinion H-137 (1973) foradiscussion of the origin and evolution of theAuthority inthe law. TheAuthority isa

1. Article 4413(29aa) has been repealed and codified in section 415 of the Government Code. Sections 6(c) and 6(h) ofarticle 4413(29aa) were amended subsequent to the general codification of article 4413(29aa). The effectiveness of the amendments isnot hindered by the action of the same legislature inproviding for repeal of the statute precedent to its codification. Gov't Code 5311.031(c).

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

political subdivision ofthe state. Guara&y Petroleum Corworati nv. v. iarrisArmstronq, 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
nowrit). The Authority derives its powers from th;! constitution and the statutes governing the discharge of itsduties. Attorney General Opinions Nos. JM-742 (1987); JM-258 (1984);andM-171 (1967).

TheAuthority may exercise only those powers that are expressly delegated to itor that are clearly implied from such express powers. Tri-Citv Fresh ater Su~olv Di 1 Er &Of: ofHarris Countv v.Mann, 142 SWW.2d 945 946"tGeEt

J,ower Nueces River Water Suvolv District v. mrtwriaht Antonio 1944274 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" forwhich the political subdivision was created; powers "merely convenient" or Vseful" cannot be implied andmay not be assumed by the subdivision. Tri-Citv Freshwater SUDW~Y District No. 2ofHarris County, suvra, at 947 (emphasis added).

InAttorney General Opinion No. ~JM-742 (1987) we - considered whether theAuthority may employ armed security guards who are not commissioned peace officers as defined inarticle 2.12 of the Code of Criminal Procedure, to perform law enforcement duties on its property. We concluded that theAuthority ispermitted 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 outby commissioned peace officers, who are to actwith all of the authority ofa 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'publicsecurity officer" is "any person ? employed or appointed as an armed security officer by the state orby anypolitical subdivision of the state," and all "public security officers" must be licensed. The provisions of article 4413(29aa) that apply to the -

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

issuance or revocation ofa license to apeace officer also apply to the issuance or revocation of a license for
apublic security officer. Leg., ch. See ae?eraJJ,yActs 1987, 70th

758, §§2 and 3, amendlna article 4413(29aa), sections 6(c) and (h),V.T.C.S., tobe codified inchapter 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 ofHouston Authority. Suchwould be the case iftheAuthority were permitted to employ "public security officers" for law enforcement purposes. TheAuthority isnot permitted to do so, and nothing inthe 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 lawon itsproperty. Because the Authority has no power to employ public security guards for law enforcement purposes, ithas nopower 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 adefinition of "public security officer" and to require such personnel tobe 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.4290Mr. Fred Toler - Page 4 (JH-878)

that law enforcement activities on the Authority's property, and necessary to its functions are tobe carried out by commissioned peace officers. Water Code 560.077.

JIM MATTOX Attorney General of Texas

MARYKELLJZR First Assistant Attorney General

L.aJMCCREARY Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared by Don Bustion Assistant Attorney General

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