This is to acknowledge the receipt of your letter of January 27, 1993, in which you ask whether a licensed reserve peace officer may lawfully receive remuneration from an independent school district for working part time in private security without complying with the requirements of the Private Security Act.

Under Section 3(a) (16) of the Private Investigators and Private Security Agencies Act [[Article 4413 (29bb), V.A.C.S.) reserve peace officers are only excepted from the act "while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county." [Emphasis added]

Section 3(a)(2), however, provides that a person is excepted from the requirements of the Act while an employee of the United States of America, or of this State or a political subdivision of either. Unlike Section 3(a)(3) of the Act, Section 3(a)(2) does not limit its exception to "full time" employment.

While one may logically argue that expressly applying the Act to reserve officers under the provisions of Section 3(a)(3), and expressly excepting such persons from the Act under Section 3(a) (16) only while being compemsated while working for a county, necessarily limits a reserve to employment with a county as a political subdivision and not a school district.

A reserve officer, while called to duty for a legitimate governmental purpose by the Sheriff, Constable or Police Chief may be assigned to discharge such functions with the United States of America, The State of Texas or a political subdivision of either according to the express language of Section 3(a)(2). When such entity remunerates the reserve officer, common sense suggests that he or she is an "employee" of that entity. As Chief Ray Vickers, February 2, 1993, Page 2 previously noted herein, there is no requirement in this section that such employment be "full time."

Until a court of competent jurisdiction renders an opinion to the contrary, this office declines to attach a more narrow exception.

Accordingly, it is the opinion of this office that a duly qualified reserve officer, who is lawfully called to duty by the appropriate official, i.e.: the Sheriff, the Constable, or the Chief of Police, for a legitimate governmental purpose and assigned by said appropriate official to another governmental entity, may accept remuneration from The United States of America, The State of Texas or any political subdivision of either sovereign, and be exceptedfrom t provis ns 4413(29bb), The Private Investigators an Private Security Agencies Act, in accordance with Sec 3(a) (2).
Sincerely yours,

Johnn B. Holmes, Jr.
cc: Mike Driscol, County Attorney
Johnny Klevenhagen, Sheriff
Harris County Constables
Larry Schimek, Board of Private Investigators

On February 1, 1993, this off ice responded to your request asking whether or not a licensed reserve peace officer may lawfully receive remuneration from an independent school district for working part time in private security without complying with the requirements of the Private Security Act. We concluded that suoh employment did not violate the provisions of the private Security Act.

On September 21, 1994, The Honorable Mike Drisooll, inquired of the Attorney General, among other things, whether or not the Sheriff has authority to call a reserve deputy into service for the purpose of providing security personnel to a separate governmental or private entity that will pay the deputies on an employee or independent contractor basis.

On March 10, 1995, The Attorney General responded.to the county Attorney's question and concluded that the Sheriff did not have authority to call a reserve deputy to duty for such purposes. .

Accordingly, the opinion of this office issued to you on February 1, 1995, should no longer be relied upon as authority for the proposition that a reserve deputy may be employed by a county or other governmental subdivision without regards to the Private security Act.
Sincerely yours,
John B. Holmes, Jr.