Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS ATTORNEY GENERAL Hon. Clayton Bray County Attorney Sutton County Sonora, Texas Dear Sir: Opinion No. 0-7501 Re: Deputy County Surveyor not required to have license and his authority. We have received your request which reads as follows: "We have before the Commissionsers' Court of this county a situation wherein the duly elected and qualified county surveyor has become incapacited from an accident and he desires so quality his son as his Deputy, although the proposed Deputy does not have a surveyor's license. "The question I propaund for your decision is: Does a Deputy County Surveyor, otherwise qualified, have to be a licensed surveyor under the Surveyor's Idcensing Act, and if he does not have to have a license, may be filled to a field notes, etc., in the General Land Office without a seal?"
This department has previously held that a County Surveyor would not have to be a licensed surveyor. (Opinion No. 0-3940 which we enclosed. There are no special qualifications for a Deputy County Surveyor. Article 5285 reads as follows: "Each County Surveyor may appoint a Deputy Sur- veyor as he may deem necessary, and shall administer his official oath and take his bond in the sum of not less than five Hundred Dollars ( ) nor more than Ten Thousand Dollars ( ), conditioned for the faithful performance of the duties of his office. The Deputy may do all acts authorized or required by law to be done by the County Surveyor."
*2 Hon. Clayton Bray - Page 2
The last sentence gives the Deputy County Surveyor the power and the right to do all acts authorized or required by law to be done by the County Surveyor.
The Deputy County Surveyor could file his field notes in the General Land Office without a seal, but I want to call your attention to Article 5300, Section 9, wherein it is stated:
"Sec. 9. When the survey has been made by a Deputy, the County Surveyor shall certify officially that he has examined the field notes, has found them correct, and that they are duly reported, giving book and page of record."
Therefore, you are advised that the Deputy County Surveyor does not have to be licensed and may file his field notes in the General Land Office but with the requirement that they be certified to by the County Surveyor as required by Article 5300. However, we call your attention to Article 432 of the Penal Code. It is our opinion that a County Surveyor could not appoint his son Deputy because it would violate the nepotism statute.
Yours very truly
ATTORNEY GENERAL OF TEIAS
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inclosure
32 1945
APPEASIED OPINION COMMITTEE BY BLUTS