Does the DPS have the authority to license its investigative employees as a peace officer?

Does the DPS have the authority to license its investigative employees as a peace officer?

• A. Yes
• B. No
• C. Only if requested by the board
• D. Preapproved by the Legislature

Answer: (A)

The key idea is that a state agency like the DPS can designate its investigators as peace officers to perform law enforcement duties. When DPS assigns someone to investigative roles and they meet the required training and commissioning, they can be granted peace officer status and the powers that come with it (such as arrest authority) as part of their job. This authority isn’t dependent on a request from another board or preapproval by the Legislature. Instead, DPS creates and maintains its own commissioned peace officers under the state framework (with licensing/authorization handled through the state peace officer licensing system). So, yes—the DPS has the authority to license its investigative employees as peace officers.

The key idea is that a state agency like the DPS can designate its investigators as peace officers to perform law enforcement duties. When DPS assigns someone to investigative roles and they meet the required training and commissioning, they can be granted peace officer status and the powers that come with it (such as arrest authority) as part of their job.

This authority isn’t dependent on a request from another board or preapproval by the Legislature. Instead, DPS creates and maintains its own commissioned peace officers under the state framework (with licensing/authorization handled through the state peace officer licensing system). So, yes—the DPS has the authority to license its investigative employees as peace officers.