January 13, 2008
The department is of the opinion that the licensing and regulatory requirements of the Private Security Act do not apply to providers of otherwise regulated security services (as well as their employees and independent contractors) while under contract with the federal government to provide such services in the State of Texas. This would include, for instance, those who contract with that Federal Emergency Management Administration or Federal Protective Services to provide security services in response to disasters or other emergencies.
This opinion is based on opinions issued by the U.S. Supreme Court and Courts of Appeals, and the Texas Attorney General. See Miller Inc. v. Arkansas, 352 U.S. 187, 190 (1956); United States v. Virginia, 139 F.3d 984, 987-88 (4th Cir. 1998); Taylor v. United States, 821 F.2d 1428, 1431-32 (9th Cir. 1987); see also Tex. Attorney General Opinion JC-0390 (2001).