The Attorney General of Texas
April 3, 1980
MARK WHITE
Attorney General
Honorable Randall L. Sherrod Opinion No. ~~-159
Criminal District Attorney
Randall County Re: Duties of the county
Canyon, Texas 79015 surveyor.
Dear Mr. Sherrod:
You have requested an opinion concerning the duties of the county
surveyor in Randall County. You have asked whether the county
commissioners may hire persons other than the county surveyor for the
purpose of conducting surveys required for the improvement of county roads.
The Texas Constitution provides for a county surveyor:
The Legislature shall prescribe the duties and provide
for the election by the qualified voters of each
county in this State of a County Treasurer and a
County Surveyor, who shall have an office at the
county seat, and hold their office for four years, and
until their successors are qualified; and shall have
such compensation as may be provided by law.
Tex. Const. art. XVI, § 44 (Emphasis added).
The Natural Resources Code provides the powers and duties of the
surveyor as follows:
The county surveyor shall perform the duties required
of him by law.
Sec. 23.051.
The county surveyor shall:
(1) receive and examine all field notes of surveys
made in the county on which patents are to be
obtained;
(2) certify to the same according to law; and
(3) record the field notes in a book to be kept by him
for that purpcee.
P. 511
,v’ ,
Honorable Randall L. Sherrod - Page Two (MW-15 9)
Sec. 23.052.
(a) The commissioners court shall furnish the county surveyor all
necessary books of record.
(b) The county surveyor shall record in a well-bound book all the
surveys in his county, with the plats that he may make, whether
private or official
Sec. 23.053. Subsequent sections provide for a right of inspection of the surveyor’s papers,
section 23.054, the keeping of bound records, section 23.055, provisions for lost records,
section 23.056, custody of records by the county clerk in the absence of a county surveyor,
section 23.057, delivery of records to successor, section 23.058, and liability for the
failure to survey, section 23.059.
Nowhere in the above statute does it require that surveys incidental to the
improvements of county roads be conducted by the county surveyor, which in many
counties is sn unsalaried position. Cf. Attorney General Opinion s3416 (1941) (county
commissioners may employ county suiyor or private surveyor for a survey of common
school district); see generally O-6224 (1944) (duties of county surveyor do not permit entry
on private property without consent of land owner). The commissioners court has
authority to enter into contracts to improve roads. V.T.C.S. art. 6753. We believe it may
employ someone other than the county surveyor to make necessary surveys so long as the
individual has the appropriate qualifications and license. See Nat. Resources Code,
§ 21.001. V.T.C.S. arts. 5282~ (Land Surveying Practices Act m979); 3271a, S 19 (Texas
Engineering Practicing Act); 6706, 6776.
SUMMARY
A county commissioners court is not required to use the services of
the county surveyor in the improvement of county roads.
Very truly yours,
.
RM
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
p. 512
Honorable Randall L. Sherrod - Page Three ( MW-15 9 )
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
David B. Brooks
Walter Davis
Susan Garrison
Rick Gilpin
p. 513
Untitled Texas Attorney General Opinion
Combined Opinion