Authority of National Guard?

[pfgrone]

Dropped my wife off at the airport this weekend and thought about one state that had called the national guard out to protect airports right after the London plot was disclosed. So I was just wondering to what extent the National Guard has authority to act like LEOs and not soldiers when they are called out during a state crisis.

The reason I was wondering was that I was carrying concealed in the drop off area and state law requires that I show my CHL to a LEO if he/she asked me for identification. Would that also apply to a National Guard if he/she asked me for identification? Just idle wondering.
Paul G.

[txinvestigator]

Dropped my wife off at the airport this weekend and thought about one state that had called the national guard out to protect airports right after the London plot was disclosed. So I was just wondering to what extent the National Guard has authority to act like LEOs and not soldiers when they are called out during a state crisis.

The reason I was wondering was that I was carrying concealed in the drop off area and state law requires that I show my CHL to a LEO if he/she asked me for identification. Would that also apply to a National Guard if he/she asked me for identification? Just idle wondering.
Paul G.

State law actually requiers that you show your CHL to a PEACE OFFICER or magistrate, not any LEO. Texas law defines peace officer, and the National Guard (nor even the Texas State Guard) are peace officers.

Texas Code of Criminal Procedure

Text
Art. 2.12. Who are peace officers.

The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who hold
a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;

(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services
Commission;

(10) law enforcement officers commissioned by the Parks and
Wildlife Commission;

(11) airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;

(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates
an airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security
officers;

(14) security officers and investigators commissioned as
peace officers by the comptroller;

(15) officers commissioned by a water control and improvement
district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under
Chapter 54, Transportation Code;

(17) investigators commissioned by the Texas State Board of
Medical Examiners;

(18) officers commissioned by the board of managers of the
Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;

(19) county park rangers commissioned under Subchapter E,
Chapter 351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations
Code;

(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority under
Section 452.110, Transportation Code;

(23) investigators commissioned by the attorney general under
Section 402.009, Government Code;

(24) security officers and investigators commissioned as
peace officers under Chapter 466, Government Code;

(25) an officer employed by the Texas Department of Health
under Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under
Chapter 417, Government Code;

(28) an investigator commissioned by the commissioner of
insurance under Article 1.10D, Insurance Code;

(29) apprehension specialists commissioned by the Texas Youth
Commission as officers under Section 61.0931, Human Resources Code;

(30) officers appointed by the executive director of the
Texas Department of Criminal Justice under Section 493.019,
Government Code;

(31) investigators commissioned by the Commission on Law
Enforcement Officer Standards and Education under Section 1701.160,
Occupations Code;

(32) commission investigators commissioned by the Texas
Commission on Private Security under Section 1702.061(f),
Occupations Code;

(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code; and

(34) officers commissioned by the State Board of Dental
Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.

[Madsmiley]

Wouldnt they fall under #12 of those listed rules then.??

(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates
an airport that serves commercial air carriers;

[txinvestigator]

Wouldnt they fall under #12 of those listed rules then.??

(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates
an airport that serves commercial air carriers;

No, they are not commissioned Peace Officers. A commissioned peace officer has completed the TCLEOSE required training and been hired and sworn in by the Airport. IOW, Airport Police, not guardsmen.