JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12548 

Aus,,n, TX. 78711. 2548 

512/475-2501 

Telex 910/874-1367 

Telecopier 512i4750266 

714 Jackson. Suite 700 

Dallas, TX. 75202-4506 

214/742-a944 

4824 Alberta Ave., Suite 160 

El Paso. TX. 79905-2793 

915/533.3484 

,P 1 Texas, Suite 700 

,ston, TX. 77002-3111 

I ,3/223-5886 

806 Broadway. Suite 312 

Lubbock, TX. 79401-3479 

806,747-5238 

4309 N. Tenth, Suite B 

McAllen. TX. 78501-1885 

512/682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 78205-2797 

512/2254191 

An Equal OppOrtUnitYI 

Affirmative Actlon Employer 

The Attorney General of Texas 

April 21, 1986 

Honorebla Jasusa Sanchez-Vera 

Jim Walls County Attorney 

P. 0. Drawer 2080 

Alice, Texas 78333 

Opinion No.JM-480 

Ra: Whether a vetaren's county 

service officer may simulteneously sarva as e city councilmen 

Deer Ms. Sanchez-Vera: 

You ask whethaer e veteran's county service officer may et the 

same tima sarva ae a city councilman. You point out that article XVI, 

saction 40, of 1:ba Taxes Constitution prohibits one person from 

holding more than one civil office of emolument et the same time, end 

ask whether e vatcram county service officer and the city councilmen 

of a particular city both hold civil offices of amlment. 

Prior Attornsy General Opinions have held that the veterans 

county sarvica officer occupias e civil office of emolument. Attorney 

General Opinions '7-144 (1947); O-5675 (1943); Latter Advisory No. 61 

(1973). Thase opinions state that the veterans county service officer 

is a civil officm of molumaat but do not discuss his duties or 

provide any other reesons for their conclusion. 

Subsequent ta the issuenca of Latter Advisory No. 61 (1973), this 

office daterminad that there was no distinction between "civil office" 

and "public office." Attorney General Opinion MU-415 (1981) concludad 

that the defint:ion of "public office" articulated in Aldina 

Indapandant Schoo:,District v. Standlay, 280 S.W.2d 578 (Tax..1955) 

also applies to the term "civil officer" es it appears in article XVI, 

section 40 of the Taxes Constitution. Thus, 

the datarmining factor which distinguishes e 

public xfficer from an amployee is whether any 

sovereign function of the govarnmant is conferred 

upon the individual to be exercised by him for the 

benefit of the public largely independent of the 

control of others. 

AldLna Independent-School Dietr&mt~~y. Stendlay: supra et 583 (quoting 

Dunbar v. Brezoria County, 224 S.W.2d 738. 740 (Tex. Civ. App. - 

Galveston 1949, WI 

516 S.W.2d 133 (Tm. 1974). 

!Tt ref'd) (amphesis deleted). Sac Green v. Stawert, 

. This is the definition "a must emlv to 

determine whether the vatarens county service officer is a'civil 

officer within article XVI, section 40, of the Taxes Constitution. 

p. 2197 
MS. Jesuse Sanchez-Vera - Pega 2 (JM-480) 

Article 5787, V.T.C.S., creates the office of veterens county 

service officer. The commis:xtoners court may maintain end operate 

such an office when It determdnrs 

that such en office is a public necessity in order 

that those residents of a county who have served 

in the ermad forcc!s may promptly properly end 

rightfully obtain t'le benefits to which they ere 

entitled. . . . 

V.T.C.S. ert. 5787. 51(e). The commissloners court appoints the 

vatarens county service offj.cer end any assistant vetarens county 

service officers es ere necessary end pays their salary end expenses 

from the general funds of tha county. The veterans county service 

officers end the assistants f!erve for a two year term unless sooner 

removed for ceuse by the cclurmissioners court. The duties of the 

veterans county service offictz end assistants 

shell be to aid all residents of the county end/or 

counties providing fclr such officers who served in 

the Military, Navel, or other Armed Forces or 

Nurses Corps of the United States during any wer 

or peacetime l nlis~xaant, end/or veterans end/or 

orphans end/or depandants in preparing. submitting 

and presenting any claim against the United Stetas 

or any state, for compensation. hospitalization, 

insurance or other itam or benefits to which they 

mey ba entitled under the existing laws of the 

United States, or of any steta, or such laws es 

may haraefter be enacted, pertinent thereto. It 

shell also be thel.1: duty to defeat all unjust 

claims that may come to their attention. 

V.T.C.S. art. 5787, 51(c). No fees may be charged of applicants. 

Veterans county service officc!rs end assistant officers are 

given official entry into records of the 

alaamosynary end penal institutions of the State 

of Taxes . . . for the purpose of determining the 

status of any parson confined therein in regard to 

any benefit to which such person mey be entitled. 

Id. $1(d). Contiguous counr:j:es mey agree to "jointly employ and 

Gpenseta a Veterans County Service Officer. . . .II Id. §l(a). - 

Your request letter dltscribas the functions of the county 

veterans service officer as fo:llows: 

[Ha] acts es e 1:Leson officer between veterans, 

their widows and/or dependents end student 

veterans end the F'ilitery, Social Security, the 

Veterans Association or Educational Institutions. 

? 

p. 2198 
Ms. Jesuse Sanchez-Vera - Page 3 (m-480) 

He helps prepare end handle the paperwork between 

the individual :md the agency. BeI mekas no 

decisions or da:terminetions of the veteran's 

eligibility. All decisions end eligibility 

detarmluetions ece meda by the Military, Social 

Security, end Veteran’s Association, or the 

Educational Instj,tution. 

The vatarens county s,arvice officer assists others to apply to 

various governmantal agencies for vaterens benefits, end ha has no 

power to grant or deny eny application for benefits. Although 

veterans county service officers have a duty "to defeat all unjust 

claims that mey come to their attention," this provision dots not 

authorize tham to deny cla:ims; that euthority rests with the state or 

federal agency which edmiulstars the particular benefit program. The 

veterans county service xEficar ten assist in defeating "unjust 

claims" by refusing to hair prepare such claims. 

In our opinion, the vatarens county service officer is en 

"officer" In neme only. Be does not exercise any sovereign function 

of government. A veteran hss legal authority to submit his claim to 

the appropriate state or fe:daral agency without involving the vetarens 

county service officer. The latter individual merely provides those 

ministerial services nacassery to assist the veteran in applying for 

benefits. 

Although article 578" creates "en office" end identifies the 

occupant es the "Veterans County Service Officer" it dots not grant 

him the powers of a public officer. The veterans county service 

officer is not s civil of::llcar of amolumant, but a county employee. 

He is not barred by article XVI, section 40 from serving es e 

compensated city councilmarl while he also holds employment es a county 

vatarens sarvica officer. Attorney General Opinions O-5675 (1943) and 

V-144 (1947), end Letter Advisory No. 61 (1973) era overruled to the 

extent inconsistent with this opinion. 

SUMMARY 

The veterans county service officer whose 

position is estel~lishad by article 5787, V.T.C.S., 

dots not hold a public office. Ha is e county 

employee end Is not barred by article XVI, section 

40 of the Texas Constitution from serving es a 

compensated city councilman. 

Very truly you J AN ti 

> I M MATTOX 

Attorney General of Taxes 

p. 2199 
Ms. Jesuse Sanchez-Vera - Pa:%= 4 (JM-480) 

JACK HIGHTOWRR 

First Assistnnt Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

ROBERT GRAY 

Special Assistant Attorney General 

RICK GILPIN 

Chairmen, Opinion Committee 

Prepared by Susan L. Garrison 

Assistant Attorney General 

. 

p. 2200