IN THE LANGUAGE OF THE PRIVATE INVESTIGATORS AND PRIVATE SECURITIES ACT, ARTICLE 4413(29B8) (ACT), WHICH PLACES CERTAIN TEXAS CERTIFIED PEACE OFFICERS UNDER REGULATION OF THE ACT. THE ACT WAS INTENDED TO REGULATE THE PRIVATE INVESTIGATOR AND PRIVATE SECURITY INDUSTRY IN THE STATE OF TEXAS. UNDER THE ACT, THE TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES (THE *BOARD*) LICENSES PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES TO ISSUE PRIVATE SECURITY OFFICER COMMISSIONS TO THEIR RESPECTIVE EMPLOYEES. A SECURITY OFFICER COMMISSION ENTITLES AN INDIVIDUAL TO CARRY A HANDGUN, UNDER CERTAIN CONDITIONS WHILE ENGAGED IN PRIVATE SECURITY ENDEAVORS.

IN ORDER TO CLARIFY THE ISSUES A DISTINCTION MUST BE MADE BETWEEN TEXAS CERTIFIED PEACE OFFICERS, RESERVE OFFICERS AND COMMISSIONED SECURITY OFFICERS. TEXAS CERTIFIED PEACE OFFICERS.ARE DEFINED IN ARTICLE 2.12 OF THE TEXAS CODE OF CRIMINAL PROCEDURE (EXHIBIT ~A~), WHICH SETS FORTH WHO ARE PEACE OFFICERS IN THE STATE OF TEXAS. TEXAS CERTIFIED PEACE OFFICERS ARE DULY LICENSED BY THE TEXAS COMMISSION ON LAW ENFORCEMENT STANDARDS AND EDUCATION (TCLEOSE), PURSUANT TO THE AUTHORITY GRANTED IT BY CHAPTER 415 OF THE TEXAS GOVERNMENT CODE.

ALL TEXAS CERTIFIED PEACE OFFICERS MUST COMPLETE A 400 HOUR BASIC PEACE OFFICER COURSE, INCLUDING PATROL, INVESTIGATIVE PATROL, SKILLS TRAINING AND FIREARMS, LAW ENFORCEMENT DRIVING AND EMERGENCY MEDICAL CARE, TRAFFIC DIRECTION AND CONTROL, CROWD CONTROL, FUNDAMENTALS OF CRIMINAL LAW, CRIMINAL INVESTIGATION AND FUNDAMENTALS OF LAW ENFORCEMENT, TO NAME A FEW. (EXAMPLES: POLICE, DEPUTY SHERIFFS, DEPUTY CONSTABLES)
COMMISSIONED SECURITY OFFICERS:

COMMISSIONED SECURITY OFFICERS MUST COMPLETE A 30 HOUR TRAINING COURSE, INCLUDING 13.5 HRS. OF FIREARM USE AND TRAINING. .

TEXAS CERTIFIED PEACE OFFICERS AND RESERVE OFFICERS RECEIVE THEIR TRAINING, CERTIFICATION AND LICENSING PURSUANT TO TCLEOSE REGULATIONS AND STANDARDS. SECURITY OFFICERS, ON THE OTHER HAND, ARE LICENSED PURSUANT TO SECTION 20 OF THE ACT.

SECTION 19 (A) OF THE ACT PROVIDES THAT IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL EMPLOYED AS A PRIVATE SECURITY OFFICER TO CARRY A HANDGUN WHILE PERFORMING HIS DUTIES UNLESS HE HAS BEEN ISSUED A SECURITY OFFICER COMMISSION BY THE BOARD. SECTION 3(A)(3) OF THE ACT PROVIDES THAT SECTION 19 (A) DOES NOT APPLY TO FULL-TIME (PAYROLLED) PEACE OFFICERS, BUT DOES APPLY TO ALL OTHER OFFICERS.

CLEARLY, ALL TEXAS CERTIFIED PEACE OFFICERS, REGARDLESS OF WHETHER THEY ARE ON PAYROLL, ARE IDENTICALLY TRAINED AND QUALIFIED TO ENFORCE THE LAWS OF THIS STATE. THtY ALL EQUALLY DESERVE AND ARE ENTITLED TO THE SAME OPPORTUNITIES AVAILABLE TO TEXAS CERTIFIED PEACE OFFICERS.

SHOULD THIS LEGISLATURE NOT AMEND SECTION 3(A)(3) OF THE ACT, TEXAS CERTIFIED PEACE OFFICERS WILL CONTINUE TO BE DENIED EXTRA EMPLOYMENT OPPORTUNITIES AND, MOST IMPORTANTLY, WILL CONTINUE TO BE UNREASONABLY AND UNNECESSARILY EXPOSED TO ARREST, IMPRISONMENT, A PENAL FINE AND THE PROBABLE LOSS OF THEIR PEACE OFFICER CERTIFICATION FOR THE NON-CRIMINAL ACT OF SEEKING OR ACCEPTING EXTRA EMPLOYMENT.

THE URGENCY FOR IMMEDIATE ACTION BY THIS LEGISLATURE IS BECAUSE OUR COMMUNITIES ARE EVEN NOW BEING DENIED THE VOLUNTEER SERVICES, PROVIDED BY TEXAS CERTIFIED PEACE OFFICERS, WITHOUT COMPENSATION. UNLIKE COMMISSIONED SECURITY OFFICERS, TEXAS CERTIFIED PEACE OFFICERS ARE 24-HOUR-A-DAY LAW ENFORCEMENT OFFICERS WHOSE VISIBILITY AND SERVICES ARE GREATLY NEEDED DURING THIS PERIOD OF INCREASED HIGH CRIME AND AGGRESSION THROUGHOUT THE STATE OF TEXAS. IN RURAL AREAS, WITH THEIR WIDE EXPANSES, THE ADDITION OF VOLUNTEER SERVICES OF TEXAS CERTIFIED PEACE OFFICERS TO ASSIST PAYROLLED LAW ENFORCEMENT IS CRITICAL TO THE SAFETY OF THESE COMMUNITIES.

THESE LAW ENFORCEMENT VOLUNTEERS RESIDE AND PROVIDE DESPERATELY NEEDED POLICE SERVICES THROUGHOUT THE STATE, IN BOTH URBAN AND RURAL AREAS. THEY DO VOLUNTEER WORK FOR COMMUNITY BASED ORGANIZATIONS, AND WORK FOR VARIOUS CONSTABLES', MARSHALS' AND SHERIFFS' DEPARTMENT'S, TRAFFIC CONTROL, DRUG ENFORCEMENT, CROWD CONTROL, CRIME PREVENTION, ETC. THEY CONSTANTLY PATROL THEIR DESIGNATED ROUTES ON BEHALF OF THEIR COMMUNITIES. THEY ARE ALWAYS PEACE OFFICERS RESPONSIBLE FOR UPHOLDING THE LAWS OF THE STATE OF TEXAS AND THEY ARE ALWAYS ON THE JOB. FROM TIME TO TIME, THEY WORK EXTRA EMPLOYMENT AND, MOST CERTAINLY, DO NOT DESERVE TO BE CRIMINALLY PROSECUTED FOR THIS ACTIVITY.