Part Time LEOs cannot work off duty jobs.

[nightmare69]

This is bureaucracy gone wild and it will prevent me from making ends meet. I just started a job working part time for a university police dept working only 24hrs a week. The Chief told me I would be able to work off duty jobs to make up the difference and allow me to make a living. I come across this ridiculous law that will prevent that. Im sorry if I seem a bit upset but the off duty jobs are critical and taking them away will be like losing nearly 1/2 my income that I desperately need to survive. I was hoping to make enough from these side jobs to pay off some medical bills and afford to get me a health care plan, guess not. Here is the question I dug up on DPS website...


http://www.txdps.state.tx.us/RSD/PSB/La ... in_sum.htm" onclick="window.open(this.href);return false;

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.

Here is what the law reads...


http://codes.lp.findlaw.com/txstatutes/ ... N/1702.322" onclick="window.open(this.href);return false;

TEX OC. CODE ANN. § 1702.322

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;
(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.
- See more at: http://codes.lp.findlaw.com/txstatutes/ ... SESBU.dpuf" onclick="window.open(this.href);return false;

So I either have to find a way to get another 8hrs a week or I cannot work off duty security jobs. Someone please tell me who created this law and why.

[nightmare69]

I called DPS and they said if I work less than 32hrs a week Ill have to get my armed security license in order to work off duty jobs. I don't have the time or money to take a 40hr course and get hired on to a security employer. I asked what is the worst that can happen and he said talk to your D.A. and see if they would want to pursue charges on a peace officer for working. I wish I never heard this of this law cause I doubt a D.A. will bring charges on someone trying to make a living.

Found this also..

http://www.txdps.state.tx.us/rsd/psb/co ... fficer.htm" onclick="window.open(this.href);return false;

[RPBrown]

Back in the day, I was a reserve officer and we could work extra duty jobs. My how the bureaucrats have changed things in the last 40 years.
Now, if you are trained well enough (TCLEOSE) to protect the public 24 hours a week then what makes them not trained well enough to protect a smaller group of people, places or things??

[nightmare69]

Back in the day, I was a reserve officer and we could work extra duty jobs. My how the bureaucrats have changed things in the last 40 years.
Now, if you are trained well enough (TCLEOSE) to protect the public 24 hours a week then what makes them not trained well enough to protect a smaller group of people, places or things??

I have no idea. Ive heard this law was put in place cause the private security sector was crying due to the reserve and part time LEOs taking all the jobs. That may be just a rumor though.

[nightmare]

You can't work part time at Home Depot or Starbucks when you're off duty?

[jmra]

You can't work part time at Home Depot or Starbucks when you're off duty?

Not if you you and to make $25/hr to stand around and do nothing.

[carlson1]

You can't work part time at Home Depot or Starbucks when you're off duty?

He is not looking for a regular job. He wants to work off duty security jobs that sometimes pay well over $30.00 an hour cash.

Just my .02 I don't mind if reserves or part time officers work part time security as long as the full time officers have had a chance at that job first.

[nightmare]

You can't work part time at Home Depot or Starbucks when you're off duty?

He is not looking for a regular job. He wants to work off duty security jobs that sometimes pay well over $30.00 an hour cash.

My mistake. I thought he wasn't willing to get the license to do that job. http://texaschlforum.com/viewtopic.php? ... 4&start=15" onclick="window.open(this.href);return false;

[nightmare]

You can't work part time at Home Depot or Starbucks when you're off duty?

Not if you you and to make $25/hr to stand around and do nothing.

[nightmare69]

You can't work part time at Home Depot or Starbucks when you're off duty?

Not if you you and to make $25/hr to stand around and do nothing.

Good luck getting any officers for $25hr, the going rate in my county is $35 per hour. You cannot blame a man for taking advantage of business and schools wanting police presence and willing to pay good money for it.

[nightmare69]

You can't work part time at Home Depot or Starbucks when you're off duty?

He is not looking for a regular job. He wants to work off duty security jobs that sometimes pay well over $30.00 an hour cash.

My mistake. I thought he wasn't willing to get the license to do that job. http://texaschlforum.com/viewtopic.php? ... 4&start=15" onclick="window.open(this.href);return false;

Im willing to do it, the time and money needed to take the week long course is the problem.

[jmra]

You can't work part time at Home Depot or Starbucks when you're off duty?

Not if you you and to make $25/hr to stand around and do nothing.

Good luck getting any officers for $25hr, the going rate in my county is $35 per hour. You cannot blame a man for taking advantage of business and schools wanting police presence and willing to pay good money for it.

Yep. I'll remember that the next time I hear about police officers being underpaid.

[carlson1]

You can't work part time at Home Depot or Starbucks when you're off duty?

Not if you you and to make $25/hr to stand around and do nothing.

Good luck getting any officers for $25hr, the going rate in my county is $35 per hour. You cannot blame a man for taking advantage of business and schools wanting police presence and willing to pay good money for it.

Yep. I'll remember that the next time I hear about police officers being underpaid.

I personally believe most of the LEO's are underpaid on their regular jobs. They have to have a second job or a security job two or three times a week to make it. Then again I do not ever remember having just one job other than when I was in College. I have always worked two or three jobs.

The job our first responders do is worth more than we can all afford to pay.

Hang in there nightmare69 and keep asking and seeking it will happen for you.

[ELB]

...
... Ive heard this law was put in place cause the private security sector was crying due to the reserve and part time LEOs taking all the jobs. That may be just a rumor though.

maybe, but then there's....

Maybe, but:

...
Just my .02 I don't mind if reserves or part time officers work part time security as long as the full time officers have had a chance at that job first.

Frankly my first thought was a rule of this nature would be pushed by full time officers to cut down on the competition, but it's plausible the security companies would have an interest in this as well. Government licensing bureaus tend to end up running protection for the industries they are supposed to supervise. (One giant exception being the BATFE!)

I started grocking this when I asked the gal who cut my hair if she could shave my face. She could not, because the did not have a barber's license (she was a "beautician" or some such). I got curious and looked into this, and was stunned to find out, it requires something on the order of 1400 hours of training to get a state barber's license. This is absolute nonsense. (Getting a beautician's license requires something similar, not as many hours I think). The state has no interest in whether you can give a decent haircut, the only state interest is whether you are safe, e.g. do you clean your tools between customers, etc. Get a crappy haircut, don't go back.

There's more state interest in making sure people running around performing security know what they're doing, but I'm finding it hard to believe that the hours-per-week law that nightmare69 cites is really about the quality of people providing security.

nightmare69, maybe you should bring this to the attention of Greg Abbott, Attorney General running for Governor. He is touting a new initiative to cut back on occupational licensing rules in Texas. The article I link to below doesn't mention security, just "interior designers, salvage vehicle dealers, dog trainers, coaches, auctioneers, barbers, cosmetologists and towing boat operators," but who knows. Doubt he will get to it in time to help you out, tho.

Texas Looks to Decrease Occupational Licensing

[nightmare]

I started grocking this when I asked the gal who cut my hair if she could shave my face. She could not, because the did not have a barber's license (she was a "beautician" or some such).

I don't object to more training being required to use a straight razor on paying customers than using scissors or clippers.

I also don't object to someone being required to get a Paul Blart license if they want to get paid to dress up and play Paul Blart.

Maybe it's just me.