March 12, 1975 

The Honorable Joe Reswebsr 

County Attorney 

Harris County Courthouse 

Houston, Texas 77002 

Dear Mr. Resweber: 

Opinion No. H-549 

Re: Authority of Port of 

Houston Security Offkern 

to carry firearms 

You have requested our opinion concerning whether recurity officera 

employed by the Port of Houston Authority, formerly the Harrie County 

Houston Ship Channel Navigation District, may carry handguns while on 

or off duty and whether detention0 and arrests made by such security 

officers are valid and proper. 

Section 46.02 of the Penal Code makes it unlawful to carry a handgun. 

However, section 46,03 render8 thio prohibition inapplicable to a person: 

(I)...in the actuai discharge of his official duties 

a8 a p&ace offtcer, a member of the armed forces 

or national guard, o,r a guard employed by a penal 

inetitutton; 

(2) on his own premises or premises under hia 

control; 

(3). traveling,; or 

(4) engaging in lawful hunting or fishing or other 

lawful 8portbg activity. 

The first three categories are essentially a restatement of prior law, 

See Practice Commentary to section 46. OS, Vernon’s Annotated Penal Code. 

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You have asked whether the security officers are exempted by subsections (1) or (2),and if so to what extent. 

p. 2466 
The Honorable Joe Reswebcr, page 2 (H-549) 

The definition section of the Penal Code defines “peace officer” as 

“a person so designated by the Code of Criminal Procedure, 1965.” Penal 

Code $1.07(a)(25). However, we do not believe that this definition by 

reference is intended to repeal other statutes specifically authorizing or 

designating certain persons as peace officers. Article 2.12 of the Code of 

Criminal Procedure itself does not state that it is intended to so repeal 

such designations. The rule is well established that enactment of a 

general law does not ordinarily operate as a repeal of a particular law 

by implication. 53 Tex. Jur. 2d Statutes $ 110, and cases cited therein. 

See Attorney General Opinion H-522 (1975). 

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In our opinion, where a person is either designated as or authorized to 

act as a peace officer by specific statute, he is exempted from the provisions 

of section 46.02 by section 46.0311). even though he is not listed in article 2.12. 

Section 60.077 of the Water Code, which deals with the powers of navigation districts, provides: 

In prosecutions involving the enforcement of the 

provisions of this subchapter or the enforcement of 

any ordinance, rule, or regulation of the district,. any 

sheriff, constable, or other duly conetituted peace 

officer of the State of Texas or any peace officer 

employed or appointed by the commission may make 

arrests, serve criminal warrants, subpoenas, or 

writs, and perform any other service or duty which 

may be performed by any sheriff, constable, or other 

duly constituted peace officer of the State of Texas 

in enforcing other laws of this state. 

It is our opinion that this section empowers a navigation district to employ 

peace officers. Of course, any peace officer appointed by a district must 

satisfy the requirements of article 4413(29aa). Section 6b of that article, 

specifically requires the completion of a basic course in law enforcement 

within one year of appointment. Attorney Gsneral Opinions M-966 (1971), 

M-767 (1971). 

A peace officer appointed by a navigation district may therefore carry 

a handgun while “in the actual discharge of his official duties. ‘I Penal Code 

$46.030. In our opinion, going to and from the place of performance of these 

p. 2467 
The Honorable Joe Resweber. page 3 (I-I-549) 

duties is a necessary incident of the “actua<discharge of his official 

duties.” Wallace v. Commonwealth, 246 S. W. 466 (Ky.App. 1923); 94 

C. J. S. Weapons, 5 9 at 496. A peace officer may carry hie handgun to 

and from work so long as the route followed is practical. See Davis v. 

State, 122 S. W. 2d 635 (Tex. Grim. App. 1938). However, sztion 46.03 (1) 

does not permit a peace officer to carry a handgun while off duty. Gandara 

V. State, 252 S. W. 166 (Tex. Grim. App. 1923); Jones V. State, 238 S. W. 661 

(Tex. Crim. App. 1922). 

Those security officers who have not been appointed peace officers 

or who have not met the requirements of article 4413(29aa) may carry a 

handgun while on premises under their control. Penal Code § 46.03(2); 

Attorney General Opinion H-185 (1973). In H-185 we stated that “a security 

guard may carry a handgun while on his employer’s premises. ” Implicit 

within this authorization is a requirement that the security officer be on duty, 

for otherwise the premises are not under his control. See Robison v. State, 

280 S. W. 776 (Tex. Crim. App. 1926). In addition, since&is exception deals 

with “premises, ” it does not authorize the transporting of a handgun to and 

from work, and such habitual transportation of a handgun ia prohibited under 

the case law. Cortemeglia V. State, 505 S. W. 2d 296 (Tex. Crim. App. 1974); 

Davis v, State, 122 S. W. 2d 635 (Tex. Crim. App. 1938). 

Your final question concerns the validity of detentions and arrests made 

by the security officers, Where a security officer has been appointed, a peace 

officer he is empowered to make arrests. Code Crim. Proc., ch. 14. In 

addition, section 60.077 of the Water Code expresely empowers peace officers 

appointed by a navigation district to make arrests. See Code Crim. Proc. 

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art. 14.01(a) (in regard to the authority of persons who are not peace officers 

to make arrests. ) 

SUMMARY 

The Port of Houston Authority may appoint and 

employ peace officers and such officers may carry 

a handgun while in the actual discharge of their duties. 

p. 2468 
The Honorable Joe Resweber, page 4 (H-549) 

Security officers who are not peace officers may 

carry a handgun while on duty on the premises of the 

Authority. 

Authority peace officers can make valid arreatr. 

Very truly yours, 

c/ Attorney General of Texar 

APPROVED: 

DAVID M. KENDALL, Finst Assistant 

?. ROBERT HEATH. Chairman 

Opinion Committee 

p. 2469