With respect to cemetery and crematory owners or operators required to register with the Texas Funeral Service Commission, chapter 651 of the Occupations Code limits the Commission to regulating the conduct expressly described in sections 651.4055, 651.4065, 651.451, 651.452, 651.455, and 651.653. Section 651.202(c) of the Occupations Code, however, requires the Commission to investigate all complaints relating to such owners or operators; it does not limit the Commission's investigative duty to complaints alleging conduct described in sections 651.4055, 651.4065, 651.451, 651.452, 651.455, and 651.653 of the Occupations Code. The Commission may dismiss a complaint if an investigation of the complaint does not reveal a violation of section 651.4055, 651.4065, 651.451, 651.452, 651.455, or 651.653. The Commission is required to maintain as part of a complaint file the results of an investigation of a complaint that the Commission has dismissed because the complaint does not involve a violation of chapter 651.

Section 651.1575 of the Occupations Code allows the Commission to inspect a cemetery or crematory only if the complaint involves a violation of section 651.4055, 651.4065, 651.451, 651.452, 651.455, or 651.653 of the Occupations Code.

Opinion No. JC-0513

Mr. Randall S. James, Commissioner of Banking

Ms. Leslie L. Pettijohn, Consumer Credit Commissioner

Mr. James Pledger, Savings and Loan Commissioner

Texas Finance Commission, 2601 North Lamar Boulevard, Austin, Texas 78705-4294

Re: Whether the requirement of section 341.502(a) of the Finance Code applies to loan transactions other than those "regulated by the Office of Consumer Credit Commissioner" (RQ-0483-JC)

S U M M A R Y

Section 341.502(a) of the Finance Code is applicable only to those loan transactions for which the consumer credit commissioner is the appointed regulating official. It has no application to loan transactions subject to the regulatory authority of the banking commissioner, the savings and loan commissioner, the credit union commissioner, and the federal officials responsible for regulation within their respective spheres.

Opinion No. JC-0514

The Honorable Hector M. Lozano, Frio County Attorney, 500 East San Antonio Street, Box 1, Pearsall, Texas 78061-3100

Re: Whether a constable who fails to provide evidence of permanent peace officer licensure under section 86.0021(b) of the Local Government Code automatically forfeits his office, and related questions (RQ-0484-JC)

S U M M A R Y

Under section 86.0021(b) of the Local Government Code, a constable who fails to provide evidence that he has been issued a permanent peace officer's license on or before the 270th day after taking office "forfeits the office." However, he is not automatically removed from that office. Such a constable may continue to perform his duties until he is removed from office by a judgement of a district court in a quo warranto proceeding, which may be initiated by the attorney general, the district attorney, or the county attorney. A commissioners court has no formal role in a constable's failure to meet the licensure requirements under section 86.0021(b). It may, but is not required to, request the attorney general or the district or county attorney to initiate the quo warranto proceeding to remove the constable. A "conditional reserve license" does not satisfy the requirements of section 86.0021(b) of the Local Government Code.

A constable's authority to carry a gun is not derived from the permanent peace officer's license issued under chapter 1701 of the Occupations Code. A constable is authorized to carry a gun because he is a "peace officer" under section 1.07(36) of the Penal Code and article 2.12(2) of the Code of Criminal Procedure. A constable who fails to provide evidence of permanent peace officer licensure is not subject to prosecution under section 37.11 of the Penal Code for impersonating a public servant.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/ 463-2110.

TRD-200203683

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 12, 2002