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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
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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."
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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
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