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 ConDear 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: 

~: 

Ii 

Auditing Division employees; 

Division Heads and their assistants; 

3 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 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: haves such 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.$cator is,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 admlnlstrator 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 ,Dlvlslon gather 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 Control Act and to make adminlstratlve,cases. You,further state 

that employees .of the Accduhting ~Division,are responsible not 

only for issulng~ permits and llcenees, etc., but for making 

administrative cases. Therefore,,,on the facts submltt~ed, all 

,employees inquired 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'fall within the required length of service 

in the law enforcement, functions acdordlng toi said 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?allied in 

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