Tex. Codes » Occupations Code · TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY · CHAPTER 1702. PRIVATE SECURITY
Texas Codes

Tex. Occ. Code § 1702.322 (2026)

Law Enforcement Personnel

✓ current as of May 2026
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Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does not apply to:

(1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman if the officer:

(A) is employed in an employee-employer relationship or employed on an individual contractual basis:

(i) directly by the recipient of the services; or

(ii) by a company licensed under this chapter;

(B) is not in the employ of another peace officer;

(C) is not a reserve peace officer; and

(D) works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage, and is entitled to all employee benefits offered to a peace officer by the state or political subdivision;

(2) a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county;

(3) a peace officer acting in an official capacity in responding to a burglar alarm or detection device; or

(4) a person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.654, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.17, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1247 (S.B. 1600), Sec. 1, eff. June 17, 2011.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2007–2025 · leading case: Marks v. State, 525 S.W.3d 403 (Tex. App. 2017).
Sort: Relevance Newest Treatment
Marks v. State, 525 S.W.3d 403 (Tex. App. 2017). · cites it 2× “Texas Occupations Code section 1702.322, entitled “Law Enforcement Personnel” provides: This chapter does not apply to: (1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor…”
Baumgart, Eric L. (Tex. App. 2016). · cites it 6× “2, 8 TEX. OCC. CODE ANN. § 1702.321-1702.332 (West 2012 & Supp.”
Marks v. State, 560 S.W.3d 169 (2018). “See Tex. Occ. Code § 1702.322(1). See id. § 1702.”
Texas Dep't of Pub. Saf. & Colonel Thomas A. Davis, Jr., Dir., Dep't of Pub. Saf. v. Deputy Sheriffs Ass'n of Bexar Cnty. (Tex. App. 2007). · cites it 4× “See Tex. Occ. Code Ann. § 1702.322 (Vernon 2004).”
Baumgart, Eric L. (Tex. 2015). · cites it 4× “See Tex. Occ. Code §1702.322. This exception reads in verbatim: This chapter does not apply to: (1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman,…”
Eric L. Baumgart v. State, 533 S.W.3d 380 (Tex. App. 2015). · cites it 3× “” See Tex. Occ. Code Ann. § 1702.322 (West 2012 & Supp.”
Eric L. Baumgart v. State (Tex. App. 2015). · cites it 3× “13 TEX. OCC. CODE ANN. § 1702.322 (West 2012) .”
Michelle Jeanette Barrientes v. the State of Texas (Tex. App. 2024). “Texas Occ. Code Ann. §1702.322 (excepting reserve peace officers from the provisions allowing for private employment as a paid security officer).”
Untitled Texas Attorney Gen. Opinion: KP-0479 (Tex. Att'y Gen. 2025). “TEX. OCC. CODE § 1702.322(1). The Government Code also endorses private law enforcement work, subject to reasonable conditions adopted by the Texas Department of Public Safety.”
Rodney Scott Smith v. State (Tex. App. 2013). “See TEX. OCC. CODE ANN. § 1702.322(2) (Vernon 2012).”
— Tex. Occ. Code § 1702.322(1) — 5 cases
Marks v. State, 560 S.W.3d 169 (2018). “See Tex. Occ. Code § 1702.322(1). See id. § 1702.”
Baumgart, Eric L. (Tex. App. 2016). “2, 8 TEX. OCC. CODE ANN. § 1702.321-1702.332 (West 2012 & Supp.”
Untitled Texas Attorney Gen. Opinion: KP-0479 (Tex. Att'y Gen. 2025). “TEX. OCC. CODE § 1702.322(1). The Government Code also endorses private law enforcement work, subject to reasonable conditions adopted by the Texas Department of Public Safety.”
Eric L. Baumgart v. State, 533 S.W.3d 380 (Tex. App. 2015). “” See Tex. Occ. Code Ann. § 1702.322 (West 2012 & Supp.”
Eric L. Baumgart v. State (Tex. App. 2015). “13 TEX. OCC. CODE ANN. § 1702.322 (West 2012) .”
— Tex. Occ. Code § 1702.322(1)(D) — 2 cases
Baumgart, Eric L. (Tex. App. 2016). “2, 8 TEX. OCC. CODE ANN. § 1702.321-1702.332 (West 2012 & Supp.”
Eric L. Baumgart v. State (Tex. App. 2015). “13 TEX. OCC. CODE ANN. § 1702.322 (West 2012) .”
— Tex. Occ. Code § 1702.322(2) — 1 case
Rodney Scott Smith v. State (Tex. App. 2013). “See TEX. OCC. CODE ANN. § 1702.322(2) (Vernon 2012).”
— Tex. Occ. Code § 1702.322(3) — 1 case
Baumgart, Eric L. (Tex. App. 2016). “2, 8 TEX. OCC. CODE ANN. § 1702.321-1702.332 (West 2012 & Supp.”
— Tex. Occ. Code § 1702.322(4) — 1 case
Baumgart, Eric L. (Tex. App. 2016). “2, 8 TEX. OCC. CODE ANN. § 1702.321-1702.332 (West 2012 & Supp.”
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