# 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 hisperson 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 aperson: (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 isto act in the capacity ofaprivate 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 inthe 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 asa security officer or istraveling to an: ftoRy“,”place of.assignment; ‘

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1swearmg a dlstmcttve uniform; (C)the weapon isinplain view.

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Adeputy sheriff employed bythe 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 onduty and onthe premises); H-l85 (1973)(construing “premises under hiscontrol”); cf. Flares v.State, 486S.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 ifsuch person ir: (a)employed in an employee-employer relationship; or (b)employed on an individual contractual basis; k) not inthe employ ofanother peace officer; and (d)not areserve 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 ofTexas JOHN W.FAINTER, JR. First Assistant Attorney Genera) TEDL.HARTLEY Executive Assistant Attorney General Prepared byDavid B.Brooks Assistant Attorney General APPROVED: OPINION COMMITTRE C.Robert Heath, Chairman

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David B.Brooks Tom Bullington BobGammege Susan Garrison Rick Gilpin

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