Case Information
*1 OFFICEOFTHEATTORNEY GENERALOF- AUSTIN
Honorable Walker Carson
county Attorney
Hudspeth County
Sierra Elanca, Tsar
Dear Sir: Opinion Wo. C-3040
Ra: ~~~~~y.,Sunsyors - qualiflos- - license not required. "Can CoB4slrlonere' court legaUy.appoint to the oftice of Cougtp;$urveyor a person who Is not llosnsad surveyor but has had twenty years experlenae and holds asaoalate oon&ruc- tlon engineer rating with civil servles Artfole . 5299 Revised Civil .?ta%utes?" has bean recefved and oarefully oonsldered by this depament.
Section 44, OS Artiola 13 of our State Constitution provides:
"See. 44. The Legislature shall prescribe the duties and povide for the eleation by the quallSiod voters of eaoh oouhtp in this State, of a oounty treasurer and a county surveyor, who shall have an offlcs at the county seat, and bold their oSfice for two yeare, a& until their successors are yaallfied; and shall have such cm:gmsation a8 may be provided by law.-
It till be aoted that, the above quoted section OS the Constitution does not require a lioense or any other par- ticular qualifications for a,County Surveyor.
Secate sill 351 OS the 47th Legislature of Texas is a conprehensive menduent to Articles 5238 - 3232, inolu- *2 Honorable Walker Carson, Page 2
sive, behling with *Lieenee~ Land Surveyors". We quote from opinion No. O-3719 of this deptkrtaent which construes said senate, hill, ea ~0110w.9:
"Senate Ml1 351 doee not operate to OS jurveying by nuke urdawf’ul the paatioe LLose who have not obtained a license. It, and the ihatute it anends, si?tply deny to tboee not having a license the gartlcular Trivileges grmted by the eat to lioensed land surveyore."
Xe enclose herewith a copy of said opinion for your inforxatlon. 5288 - 5298, inoluaive, Section 2 oi Chap- Artioles
ter 2, Title 86, Vernon'8 iugoteted Texas Civil Stetutee, deal with bounty 2urveyorm. These atatutes provUs for the sleo- tion, duties, eta. OS the County Surveyor but do not presarlbe Nor 60 any pextloular qualiSiaations for County Surveyors. the etetuteo prescribe that the Colinty Durveyolsmuat be ll- tensed or nust be Uceneed land surveyors.
Article 5299, Vernon.6 Annotated Texus Civil Stat- utes, grovidee:
*All surveys oS public land shall be sade by authority of law and by a surveyor duly appointed, cleated or liaenseff, en8 qualified."
:%I eeeume Sron your lettar that there 1s a vaaenQg in the o:Slce of County Surveyor and the CorUnisaionera~ Court desires to Sill that vaoanoy by appointment.
It is our opinion that-e County Surveyor 18 not req?iired to be lioensed nor is he required to be a licensed lend surveyor.
Very truly youra ATTORNEY GZXRIIL OF TEXAS