, 

OFFICE OF ‘T’NE ATTORNEY GENERAL OF TEXAS 

.~ AUSTIN 

:a-c.NAm 

-- 

opinion the poln the staSS 

ore *technlSiciont ~teohniaal 

o perform the duties 

tisfaotorily, ‘ant1 a

required training oan 

5 of Title 89 Of the Revleoa Glvil 

wmning Library anil nistoriobl OomViea(Le of departments and library 

assistants ehall be requireCl to~havo 

teahnicrrl~ibrary trainlug; and hea& 

of bepartn;ante shall have llad at loaet 

one year of axperionco in library vork 

prior to nppointment. Clerlse ehall be 

requuirti to holil a ~V.plom3 from D firet- 
class high school aocoxxllng to the starklards of the Stato Board of ~Education or 

the University of Toxos, or to resent 

satisfactory e,viW.noe of eclucst f anal 

training equal to that pravi~%~I by such 

hw sahool an& also to proscnt eatisSaotory evidence of proficiency in etenograpby ati typewritIng or booklce~ping.~ 

Semata Dill No. 190, 40th Legislature (General 

loupe 46th ~eg.,rag. 88s~. p. SW, Vemonls Tes. Civ.,Stat., 

Art. 4413 (30)) in sea. 1 providost 

*That from IUS¶ after the effective 

date of this Act, in every Stato Dopartment in this State, all honorably %l.scharged soldiers, 88ilor8, mm306 and 

marinas, from the Amy 3rd N3vy of the 

United States in the late Span.%&-Amrican ana lW.llipine Insurrection Wars, 

and the China Relief IWporlition, anil the 

late World W5r, wheroin the United State6 

of &m-i03 tan:2 the Allied Notions were 

eugagod in w0x ngainst the Inpmial Governmnt of Gemauy and its allies, an& who 

arc 3xul ~UYO bcon rosidantc or citizens 

of the State of Texas for 3 period of ton 

(lo) yo3rs next preceding the clrrto of rrpplicdion, ati are cowpetont 3rd fully 

qualified, &ml1 be entitlati tom preference in appointmnts, cnrploymnt, ancl 

promotion over other applicants therefor; 

provided, however, that no such prafer433x42 ohall ha oxtezdoii to such 6oldior5, 

sailors, mrineo, am2 nurocs izho are raoeiving from the Sfate or Pcdoral Gbvernment zany monies totaling Fifty ($60.00) 

~ollas5 or more by reason of disrtbilitlos 

incurrccl during active service in the 

l&y, Nwy, &larino, or Nurse Corps, or by 

reason of Old Ago Assistance r;syr;ont, or

any other Social Security monies provi&ed 

by liw, an& the peroone thu3 proferrcil 

shall not be Bisquulifiocl Prow holrflnl: 

my position hercinbofor0 xmn~ioned on 

account of a:;o, or by reason of any phyei- 
ability does not rond0r him incomp0- 

tant to perform properly and capsbly 

the dutias of tbo positlon applioil 

for! and vhen such soldier, sailor, 

nurse, or mnrino shill1 apply for nppointmsnt or cmploynwt under @is 

Act, the officer, exeoutivo hsad of 

such dapsr@rmt or person or persons, 

tlons of s&d soldier, ssilor, nurse 

cud/or marin for such position or 

plsco, snd if the applicsnt is 0 p0rson of good moral chsraotar snd can 

perform tho duties of said positi@n 

applied for by such person as hereinabove povided, said offiow, exccutive hesd of dnpartmoat, boar& snd/or 

oth0r parson having: the appolntivo 

powr, shall appoint enid so1di.or, 

ssilor, nurse, or nnrrino to 6~011 

posltfon .snd/or place of on.ployncnt.D 

Senate Bill X0. 190 Is not 3 statute of quslifiCatiOnS or Cligib~lity for appOintmcnt; it iS a pUr0 prc?forential ststute as batocan applicants, who are eligible snd 

qU8lifiti. If sn applj+nt of the favorad class montionad 

in 8. n. NO. 190 is not qualified LInclar Artfclo 5446, Of fho 

Bevised Civil Statutes, henot only is not antitlod~ to n 

preforenco 5.n the msttor of cppolntwnt, but ho is not entitled to appointment at all. The fair ox3aning of the 

preforenco in Employrwnt Act is that amongst applicants, 

all of,mhon axe coizgx3tont and qualified, tlro 

tbo 0stant required by tho statutes roust 1x3 g rforonco van to the fo 

favomxl classca. 

Th3 statutes prf3scribi~~ quslUYcai.ions for omployoos rlrst bo construed in connection vith S. B. No. 190, 

the Preforencc ;of &nploymont Act, so ns to harmonize and 

g%ve,effect to both Acts without destroying either. 

Trusting that this will have snsrwoil your quos- 
&ss Fannie u. Flilcor - raga 4 

251 

G, 

f 

tion satisfactorily, WC are 

$ 

'i Vory truly yours 

i/ 

5 ATTORHEX GGNXR& OF T-k 

ATTORNEY GENERAL OF TEXAS