Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1963
Status
Published
On the bench
Waggoner Carr
Cited by
0 cases

The opinion

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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