Summary
This Texas Attorney General opinion addresses whether a county sheriff’s department may contract with municipalities, businesses, or school districts for off-duty deputy security services without commissioners court approval. The opinion concludes that while the commissioners court holds exclusive authority over contracts involving county business, individual peace officers may independently provide private security services outside their official duties under specific statutory exemptions. Additionally, school districts retain independent statutory authority to directly contract for such private-security services regardless of their status as political subdivisions. Finally, no statute requires the presence of a mass gathering for law enforcement officers to provide these private security arrangements.
Topics
Practice areas
Questions Presented
- Whether the sheriff’s department may enter into a contract for patrolling within a city using off‑duty deputies.
- Whether the sheriff’s department may contract with any business or individual for off‑duty security services without commissioners‑court approval.
- Whether a school district may pay off‑duty deputies directly for private‑security services.
- Whether provision of private‑security services must be conditioned on the presence of a mass gathering of people.
Holdings
- Only the commissioners court may generally contract for the authorized provision of law‑enforcement services involving county business.
- A law‑enforcement officer may enter into a private contract for security services outside of county duties without implicating county business, and thus without needing commissioners‑court approval.
- A school district, as a political subdivision, may directly contract with law‑enforcement officers for private‑security services that are not school‑resource officer duties.
- No statutory provision conditions the provision of private‑security services by law‑enforcement officers on the presence of a mass gathering.
Key quotations
“The commissioners court generally possesses constitutional authority to contract on behalf of a county for matters involving “county business.”” (at 1)
“Law enforcement officers play a role in ensuring public safety and order at events that qualify as a “mass gathering” under the Texas Mass Gatherings Act.” (at 3)
Factual background
The Fayette County Sheriff’s Department entered into contracts with the City of Round Top and various private entities for off‑duty deputy security services. The city pays individual deputies directly, and the sheriff’s department also contracts with businesses and schools for private‑security work. The Attorney General was asked whether such contracts require commissioners‑court approval and whether school districts may pay deputies directly.