The Attorney General of Texas 

February 11, 1980 

MARK WHITE 

Attorney General 

Honorable Henry Wade 

Criminal District Attorney 

Dallas County Government Center 

Dallas, Texas 75202 

Opinion No. MW-141 

Re: Whether a person employed 

by a hospital district to provide 

security services may carry a 

handgun. 

Dear Mr. Wade: 

You have asked whether a deputy sheriff employed for security 

services by the Dallas County Hospital District outside of his normal 

working hours may carry handguns. Section 46.02 of the Penal Code makes 

it an offenas for a person to intentionally, knowingly, or recklessly cany a 

handgun on or about his person Section 46.03 of the Code, however, makes 

certain exceptions to that prohibition. 

The provisions of Section 46.02 of this cods do not 

apply to a person: 

(1) in the actual discharge of his official duties 

as a peace officer, a member of the armed forces or 

national guard, or a guard employed by a penal 

institution; 

(2) on his own premises or premises under his 

control unlem he is an employee or agent of the 

owner of the premises and his primary responsibility 

is to act in the capacity of a private security guard to 

protect persons or property, in which event he must 

comply with Subdivision (5) of this section; 

(3) traveling; 

(4) engaging in lawful hunting, fishing, or other 

sporting activity if the weapon is a type commonly 

used in the activity; or 

(5) who holds a security officer commission 

issued by the Texas Board of Private Investigators 

and Private Security Agencies, ifi 

(A) he is engaged in the performance of 

his duties as a security officer or is traveling to 

an: f toRy “,” place of .assignment; ‘. 

1s wearmg a dlstmcttve uniform; 

(C) the weapon is in plain view. 

p. 454 
Honorable Henry Wade - Page TWO (Mw-141) 

A deputy sheriff employed by the hospital district for security services must by the nature 

of such assignment have the premises under his control and he is therefore permitted to 

carry a handgun under subsection (2) above. Evers v. State, 576 S.W.2d 46 (Tex. Crim. 

App. 1978); Attorney General Opinions H-549 (1975) (security personnel of port authority 

may carry handguns while on duty and on the premises); H-l85 (1973) (construing “premises 

under his control”); cf. Flares v. State, 486 S.W.2d 577 (Tex. Crim. App. 1972) (employee 

of lounge may carry handgun); See Ro v. State, 552 S.W.2d 827 (Tex. Crim. App. 1977) 

(motor vehicle does not constitute “premises . 

y. ,,) 

In order to qualify under subsection (2) he 

is required to comply with subsection (5) which, inter alia, requires individuals to hold a 

security officer commission. V.T.C.S. article 4413(29bb), section 3(a)(3), however, 

exempts individual peace officers from being licensed under that act. It exempts: 

a person who has full-time employment as a peace officer as 

defined by Article 2.12, Code of Criminal Procedure, 1965, who 

receives compensation for private employment on an individual or 

an independent contractor basis as a patrolman, guard, or 

watchman if such person ir: 

(a) employed in an employee-employer relationship; or 

(b) employed on an individual contractual basis; 

k) not in the employ of another peace officer; and 

(d) not a reserve peace officer. 

SUMMARY 

A deputy sheriff may carry a handgun while on duty pursuant to 

employment by a county hospital district for security services. 

,’ Very truly yours, 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney Genera) 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTRE 

C. Robert Heath, Chairman 

p. 455 
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Honorable Henry Wade - Page Three (m-141) 

David B. Brooks 

Tom Bullington 

Bob Gammege 

Susan Garrison 

Rick Gilpin 

p. 456