The Attorney General of Texas 

April 3, 1980 

MARK WHITE 

Attorney General 

Honorable Randall L. Sherrod 

Criminal District Attorney 

Randall County 

Canyon, Texas 79015 

Dear Mr. Sherrod: 

Opinion No. ~~-159 

Re: Duties of the 

surveyor. 

county 

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