Honorable Robert S. Calvert Opinion No. M-1181 

Comptroller of Public Accounts 

State Finance Building Re: Eligibility of former State 

Austin, Texas 78711 employee for Texas Ranger 

Pension. 

Dear Mr. Calvert: 

You have requested our opinion on the eligibility 

of a former State employee to receive a Texas Ranger Pension 

provided by the provisions of Section 66 of Article XVI of the 

Constitution of Texas and Article 6228e, Vernon's Civil Statutes, 

under the facts submitted. 

The file enclosed with your request reveals the following facts concerning the applicant. The applicant was employed 

as a regular Texas Ranger from July 1, 1919, to August 31, 1921. 

The applicant was employed as a State employee by the Texas 

Employment Commission from March 20, 1951, through August 23, 

1952. Following his employment by the Texas Employment Commission, 

the applicant withdrew from the Employees Retirement System of 

Texas and was refunded the total amount standing to his credit in 

the Employees Retirement System of Texas. You have determined 

that under these facts the applicant is not eligible for a Texas 

Ranger Pension by reason of the provisions of Section 66 of Article 

XVI of the Constitution of Texas and Article 6228e, Vernon's Civil 

Statutes. We agree with your conclusions. 

At the election in November, 1958, Section 66 of Article 

XVI of the Constitution of Texas was adopted and provides in part: 

"The Legislature shall have authority to provide for a system of retirement and disability 

pensions for retiring Texas Rangers who have not 

been eligible at any time for membership in the 

Employees Retirement System of Texas as that retirement system was established by Chapter 352, 

Acts of the Fiftieth Legislature, Regular Session, 

1947, and who have had as much as two (2) years 

service as a Texas Ranger, and to their widows; 

providing that no pension shall exceed Eighty 

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Hon. Robert S. Calvert, page 2 (M-1181) 

Dollars ($80) per month to any such Texas Ranger 

or his widow, provided that such widow was legally 

married prior to January 1, 1957, to a Texas 

Ranger qualifying for such pension." (Emphasis 

added.) 

Article 6228e, Vernon's Civil Statutes, likewise provides in part: 

"Section 1. (a) Pensions to Former Texas 

Rangers. A pension of Eighty Dollars ($80.00) 

per month shall be paid to each former Texas 

Ranger who meets the following conditions: 

II . . . 

"(2) He has not been eligible at any time 

for membership in the Employees Retirement System 

of Texas;" 

Under the facts submitted the applicant was not only 

eligible for membership in the Employees Retirement System of Texas, 

but was a member of the Employees Retirement System of Texas from 

March 20, 1951, through August 23, 1952. 

Since the provisions of Section 66 of Article XVI of 

the Constitution of Texas and the enabling act (Article 6228e, 

Vernon's Civil Statutes) limit the payment of such pension to 

those retiring Texas Rangers who have not been eligible "at any 

time" for membership in the Employees Retirement System of Texas, 

vou are advised that the file attached to vour reauest reveals 

that the applicant 

Ranger Pension. 

A former State employee who was eligible to be 

a member of the Employees Retirement System of Texas 

is not eligible to receive a Texas Ranger Pension 

under the provisions of Section 66 of Article XVI 

of the Constitution of Texas and Article 6228e, 

Vernon's Civil Statutes. .e 

in question is not eligible to receive a Texas 

SUMMARY 

Attorney General of Texas 

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Hon. Robert S. Calvert, page 3 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bob Davis 

James Maxwell 

Charles Lind 

Roland Allen 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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