THEATTORNEYGENERAL 

OF TEXAS 

November 25, 1974 

The Honorable Thomas W. Brown 

Director 

Opinion No. H- 457 

Texas Board of Private Investigators 

and Private Security Agencies 

959 Reinli Street, Suite 201 

Austin. Texas 78751 

Re: Effect of inclusion of 

“under armed guard” in 

the definition of “Courier 

Service” in Article 4413 

(29bb). V. T. C. S. 

Dear Mr. Brown: 

You have requested our opinion concerning the construction of Article 4413 

(29bb). V. T.C.S., in light of Attorney General Opinion H- 185 (1973). 

Article 4413(29bb), V. T. C. S., is the Private Investigators and Private 

Security Agencies Act. Section 13(a) of this Act requires a license of those 

who “engage in the business of, or perform any service as . . . [a] private 

patrol operator. ” Section 2(2) defines a “private patrol security operator” 

as “any person who furnishes or agrees to furnish a . . . courier service 

. . . ” Section 2(6) as amended by Acts 1973, 63rd Leg., ch.130, p.280, 

defines “courier service” as “any person or company that transports or 

offers to transport under armed guard . . . documents, papers, [etc.].” 

(Emphasis added) 

We held in Attorney General Opinion H-185 (1973). that sections 46.02, 

46.03, V.T.P.C., prohibit a civilian not engaged in travel or lawful 

sporting activity from carrying a handgun except on his own premises or 

premises under his control, and that this prohibition applies to “special 

police officers. ‘I 

Your present question asks what the Legislature’s intent was in adding 

the words “under armed guard” to the definition of “courier service” since 

the operator of such a servi,ce may not legally carry a handgun except while 

on premises under his control. 

p. 2102 
The Honorable Thomas W. Brown, page 2 (H-457) 

The legislative intent is simply that a license is to be required of a 

service which transports documents, papers, etc., only when it does so 

“under armed guard. ” The meaning of the phrase “under armed guard” 

is not restricted to the carrying of hand guns. Article 10 (1), V. T.C.S., 

provides that the “ordinary signification shall be applied to words . . . ” 

In Texas the words “arms” or “armed” have been construed to mean a 

deadly weapon. See, Lahue v. State, 101 S. W. 1008 (Tex. Crim. App. 1907); 

Texas Penal Code 1925, art. 347. 

Section 1.07 (11) of the new Penal Code provides: 

‘Deadly weapon’ means: 

(A,) a firearm or anything manifestly designed, made, 

or adapted for the purpose of inflicting death or serious 

bodily injury: or 

(B) anything that in the manner of its use or intended 

use is capable of causing death or serious bodily injury. 

It is therefore our opinion that the 1973 amendment to Article 4413 

(29bb). section 2(6) was intended to except from the licensing requirement 

those services which transport documents, papers, etc., without the use 

of a deadly weapon as broadly defined in Article 1.07(11), V. T. P. C. 

SUMMARY 

Article 4413 (29bb) requires a license for those 

services which transport documents, papers, etc., 

“under armed guard, ” that is, with the use of a 

deadly weapon. An unarmed courier is not required 

to obtain a license. 

Very truly yours, 

JOHN L. HILL 

Attorney General of Texas 

p. 2103 
-_ ’ 

._ 

The Honorable Thomas W. Brown, page 3 (H-457) 

OVED: 

Opinion Committee 

p. 2104