Untitled Texas Attorney General Opinion ( 1946 )

, . 0,’ OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Dear Sir: opinionho. O-7501 Re: We have recd.&d your requestwbi Qheld that a County Surveyor r (Opinion l600;O-3940 which. ihcations for a Deputy County ~: 5 Surveyor may-appoint a Deputy Sur- earnnecessary, and shsll ad&.nIater and take his bond in the sum of fIundredDollars ($500) nor more than Ten Thousand Dollars (@O,OOO) conditioned for the faithful performance of the duties of his office. The Deputy may do all acts authorized a- required by l.awto be done by the County Surveyor." i l ,. . ? ’ Hon. Clayton Bray - Peg612 The lset sentence ives the Deputy County Surveyor the power end the right to do sl f acts authorized or required by law to be done r by the County Surveyor. The Deputy Count Surveyor could file his field notes in the Generel L8nd Office ul G-IOut a seal, but I want to call your attention ta Artiole5300,Section 9, wherein it Is statedt "Sec.9. t!hon the SUN-vay has been made by a Deputy, the County Surveyor shsll certify officially ’ that he has exmlned the field notes, has found t!ma correct, and that they ere duly reported, gidng book snd pa&of record,” Therefor ou are advised that the Deputy Count Surveyor . does not have to be ‘13:aensed and ~aayfile his field notes 1n the General Land Office but with the re~nt that they be certified~ ?. to by the County Surveyor as requlxwd Artlxle 5300..However, we. - call yaw attentiomto Article 432 of %:e Penal Code. It 1s our .s opinion that a County Surveyor could hot appoint his son Deputy be- ‘V cause it would violate the nepotisu statute, JT4ikLg . :