If you look in TCA § 62-35-102, there are definitions that reasonably clearly define security guards and security guard service. This often brings the question as to whether or not your employees were or should be considered “Security Guards.” The definition below in #16 is pretty comprehensive. We get these questions often and we hear comments like “we are just checking ID’s” or “we just make sure everyone goes to the left corridor instead of the right” and in 16(D) below even that simple task is covered in the “regulation or direction of the flow of movements of the public.” Basically if any of this exists, they should be registered as Security Guards, and if they are required to be registered as security guards, then the training outlined in TCA § 62-35-118 applies, and, again, only if the Dallas’s Law “trigger” (sale of on-premises consumption of alcohol) is present, the additional training needs must be met.
(1) “Armed security guard/officer” means a security guard/officer who at any time wears, carries, possesses or has access to a firearm or any facsimile of any firearm that may leave the impression that the person is armed and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia or device that identifies or tends to identify the wearer as a security guard/officer;
(6) “Contract security company” means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person;
(10) “Proprietary security organization” means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship;
(13) “Registrant” means an individual who holds a valid registration card;
(14) “Registration card” means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state;
(15) “Security guard/officer” means an individual employed by a contract security company or a proprietary security organization whose primary duty is to perform any function of a security guard and patrol service;
(16) “Security guard and patrol service” means protection of persons or property, or both, from criminal activities, including, but not limited to:
(A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property;
(B) Prevention, observation or detection of any unauthorized activity on private property;
(C) Enforcement of rules, regulations or local or state laws on private property;
(D) Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or
(E) Street patrol service;
(17) “Street patrol service” means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. “Street patrol service” does not apply to:
(A) A management supervisor moving from one (1) customer or facility to another to inspect personnel; or
(B) A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities;
(19) Unarmed security officer/guard means a security officer/guard who never wears, carries or has access to a firearm or any facsimile of a firearm that may leave the impression that the person is armed with a firearm, but who may carry other nonlethal devices as prescribed in this chapter with the proper certification and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia, or device that identifies or tends to identify the wearer as a security officer/guard; and