Texas Peace Officers and "Off-duty" Private Security Employment

September 11, 2020

 

Under certain limited circumstances, Section 1702.322 of the Occupations Code allows full-time Texas peace officers to provide the private security services of a security guard, patrolman, watchman, or extra job coordinator without a private security license.

  • The officer must work as a peace officer an average of at least 32 hours a week, be paid the minimum wage (or higher) rate while performing the duties of a peace officer, and be entitled to all benefits offered to a peace officer by the state or political subdivision.
  • The peace officer may not be a reserve peace officer.
  • The officer may provide the services of a guard, patrolman, watchman, or extra job coordinator directly to the client as either an independent contractor or employee, or through employment with a licensed security guard company.
  • The officer may not be employed by another peace officer.
  • The exemption does not apply to any other services regulated by the Private Security Act, such as investigations.