E 

### GENER
EXYAS

September 13, 1963

Honorable Coke R. Stevenson, Jr. Opinion No. C- 140 Administrator,Texas Liquor Control Board Re: Interpretationof H.B. State Office Building 86 as regards longevity Austin, Texas pay to commissioned law enforcementpersonnel of the Texas Liquor ConDear Mr. Stevenson: trol Board.

You have requested **our** opinion concerningH.B. 86, the Appropriation Bill of the 58th Legislature,with regard to a specific appropriation for the payment of longevity to commissioned law enforcementpersonnel of the Texas Liquor Control Board for the years endingAugust 31, 1964 and 1965.

You specificallyask If such longevitymay be paid to those of the following employeeswho are commissioned law enforcementpersonnel:

~: Ii Auditing Division employees; Division Heads and their assistants; 3 Aocountlng Division employees
Ii. B. 86 provides at page 111-121:

“It is expresslyprovided that the Liquor Control Board pay longevity to commissioned law enforcementpersonnel of the Board, Including the Chief and Assistant Chief of the Enforcement Division, and includingTax Collectors I and II and the Supervisor Tax Collectors. The amounts to be paid to each individualposition shallbe based on the length of service in the law enforcement 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 employeesbeen commissioned

as peace officers consistentwith the provisions of Article 666-7 (b) of the Penal Code? This Article provides that "the Board or adminls.$cator is,empowered to commission such number of Its Inspectorsand representativeswhich It deems necessary to enforce the provisions of thls,Act;" Therefore, If the abdve enumerated representativesof the Texas Liquor Control Board have been commissionedby either the ward or,the admlnlstrator for the bona fide purpose of law enforcemerit; they are within the provisions of H.B. 86 providing for longevitypay.

In your letteryou set forth'thatmembers of,'the Auditing ,Dlvlslongather evidence of violations of the Texas Liquor ControlAct and,make ~%nlnlstratlve cases. You state that division heads and their assistants are.reiponslble for submittingof evidence of vlolatibns of the Texas Liquor ControlAct and to make adminlstratlve,cases. You,further state that employees.ofthe Accduhting~Division,are responsible not only for issulng~

permits and llcenees, etc., but for making administrative cases. Therefore,,,on the facts submltt~ed, all ,employeesinquired abdut appear to be bona fide commissioned peace officers and, as such, are entitled 'tbl'on'g&vlty pay, provided that they have been ,socommissionedfor a sufficient period of time ,to'fall within the required length of service in the law enforcement, functions acdordlng toisaid schedule.

S'U M M ,A,RY' Auditing Mvlsioti~ employ&es,M~vlsionheads and their assistants, and Accountlng,DivlSlon employees &ho are bona fidi commitisicined :law enforcementpersonnel are entitled to longevfty pay as set'forth In the Schedule con?allied in H.B. 86. i _'

PP:mkhHon. 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

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