June 27, 2006
On June 8, 2006, the Attorney General issued its opinion on the question of whether a reserve peace officer may wear his or her official uniform and display the insignia of an official law enforcement agency while working as a private security guard. The Attorney General’s opinion is that Section 1702.130 of the Occupations Code prohibits the wearing of such a uniform under such circumstances.
Following the issuance of that opinion, we were asked whether a reserve officer can wear a uniform that shows no identifying agency, but that indicates that the wearer is a “peace officer.”
The use of the phrase “peace officer” is prohibited. Section 1702.130 specifically prohibits the use of a uniform or insignia that gives the impression that the wearer is connected with the federal or state government, or with a political subdivision of a state government. Article 2.12 of the Code of Criminal Procedure provides a list of those who are “peace officers,” and all of those listed are connected with state or local governments.
Section 1702.130 provides that non-exempt police officers generally are prohibited from wearing their police uniforms while performing off-duty security services for anyone other than their employing law enforcement agency.