Untitled Texas Attorney General Opinion ( 1963 )

E GENER EXYAS September 13, 1963 Honorable Coke R. Stevenson, Jr. Opinion No. C- 140 Administrator, Texas Liquor Control Board Re: Interpretation of H.B. State Office Building 86 as regards longevity Austin, Texas pay to commissioned law enforcement personnel of the Texas Liquor Con- Dear Mr. Stevenson: trol Board. You have requested our opinion concerning H.B. 86, the Appropriation Bill of the 58th Legislature, with regard to a specific appropriation for the payment of longevity to commissioned law enforcement personnel of the Texas Liquor Control Board for the years ending August 31, 1964 and 1965. You specifically ask If such longevity may be paid to those of the following employees who are commissioned law enforcement personnel: Auditing Division employees; ~: Division Heads and their assistants; 3 Ii Aocountlng Division employees Ii.B. 86 provides at page 111-121: “It is expressly provided that the Liquor Control Board pay longevity to commissioned law enforcement personnel of the Board, Including the Chief and Assistant Chief of the Enforcement Division, and including Tax Collectors I and II and the Supervisor Tax Collectors. The amounts to be paid to each individual position shall be based on the length of service in the law en- forcement functions Indicated herein and within the Board, according to the following schedule: Hon. Coke R. Stevenson, Jr., page 2 (C-140 ) 5 years $10 per month 10 years 20 per month 15 years 30 per month 20 years 40 per month 25 years 50 per month" The answer to the +ove Inquiries resolves to the simple question: havessuch employees been commissioned as peace officers consistent with the provisions of Article 666-7 (b) of the Penal Code? This Article provides that "the Board or adminls.$catoris,empowered to commission such number of Its Inspectors and representatives which It deems necessary to enforce the provisions of thls,Act;" Therefore, If the abdve enumerated representatives of the Texas Liquor Control Board have been commissioned by either the ward or,the admlnls- trator for the bona fide purpose of law enforcemerit;they are within the provisions of H.B. 86 providing for longevity pay. In your letter you set forth'that members of,'the Auditing ,Dlvlslongather evidence of violations of the Texas Liquor Control Act and,make ~%nlnlstratlve cases. You state that division heads and their assistants are.reiponslble for submitting of evidence of vlolatibns of the Texas Liquor Con- trol Act and to make adminlstratlve,cases. You,further state that employees .of the Accduhting ~Division,areresponsible not only for issulng~permits and llcenees, etc., but for making administrative cases. Therefore,,,onthe facts submltt~ed,all ,employeesinquired abdut appear to be bona fide commissioned peace officers and, as such, are entitled 'tb l'on'g&vlty pay, provided that they have been ,so commissioned for a sufficient period of time ,to'fallwithin the required length of service in the law enforcement,functions acdordlng toisaid schedule. S'U M M ,A,R Y' Auditing Mvlsioti~employ&es, M~vlsion heads and their assistants, and Accountlng,DivlSlon employees &ho are bona fidi commitisicined :law enforcement personnel are entitled to longevfty pay as set'forth In the Schedule con?alliedin H.B. 86. i _' PP:mkh Hon. Coke R. Stevenson, Jr., Page 3 (C- 140 ) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joseph Trlmble Jack Goodman Jim Broadhurst J. Arthur Sandlln APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -69Oc