# 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 ofArticle 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 ofthose 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 ahandgun except onhis 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 onpremises under his control.
p. 2102The Honorable Thomas W. Brown, page 2 (H-457)

The legislative intent is simply that a license is to be required ofa 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 towords
. . . ” In Texas the words “arms” or “armed” have been construed to mean a deadly weapon. See, Lahue v. State, 101S.W. 1008 (Tex. Crim. App. 1907); Texas Penal Code 1925, art. 347. Section 1.07 (11) of the newPenal Code provides:

‘Deadly weapon’ means: (A,) a firearm or anything manifestly designed, made, or adapted for the purpose ofinflicting death or serious bodily injury: or (B) anything that in themanner ofits use or intended use is capable of causing death or serious bodily injury. It is therefore our opinion thatthe 1973amendment 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 ofa 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, ” thatis, with theuse 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

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