March 15, 2006
The question was asked whether full-time peace officers must be licensed by the department in order to accept extra-employment as Personal Protection Officers. The department is of the opinion that peace officers who meet the conditions of Section 1702.322, and who are, therefore, exempt from the licensing requirements of the statute, do not need to be licensed in order to perform the services of a Personal Protection Officer.
Under certain circumstances, Section 1702.322 exempts full-time peace officers from the Act. Of specific relevance to this question is the condition that the peace officers perform services as “a patrolman, guard, extra job coordinator, or watchman ….” §1702.322(1) (emphasis added). An individual performs the services of a “guard” when he or she is employed to (among other things) “protect an individual from bodily harm including through the use of a personal protection officer.” §1702.108(4) (emphasis added). Thus, the provision of personal protection services by a full-time peace officer is within the scope of Section 1702.322’s exemption.
This interpretation is supported by the intent of Section 1702.322. The terms ‘guard,’ ‘watchman,’ and ‘patrolman’ are general references to activities for which peace officers are already trained, thus making licensing superfluous. The training requirements for Personal Protection Officers, as described in Section 1702.204, are exceeded by the current TCLEOSE requirements for peace officer training. Therefore, the purpose of the statute, i.e., the protection of the public safety, is served by this interpretation.