June 2008
This is in response to a request for written confirmation that the employment of off-duty peace officers for traffic control purposes does not implicate the Private Security Act, Chapter 1702 Texas Occupations Code. We were asked, specifically, whether part-time officers who are not otherwise exempt from the Private Security Act, could nevertheless perform traffic control functions without being licensed.
Traffic control, per se, is not a regulated function, pursuant to the definition of guard services provided in Section 1702.108 of the Occupations Code, and the Attorney General’s Opinion GA-0008.
So long as the officers are only providing traffic control, and are not performing any security-related services, no license or registration is required under the Private Security Act.