Honorable Earl Rudder

Chairman, Veterans’ Land Board Capitol Station Austin, Texas Dear Sir: Opinion No. S,-223 Re: Eligibility of members of the Legislature to participate inthe Veterans’ Land Program. In regard to your recent letter requesting an opinion from this office as to whether members ofthe Legislature are eligible to participate inthe Veterans’ Land Program, you are respectfully advised as follows: Section 18 ofArticle III of the Constitution of Texas provides in part: ” Nor shall any member of the Legislature be

interested, either directly or indirectly inany contract with the State, or any county,thereof, authorized by any law passed during the term for which he shall have been elected.” Standing alone, Section 18would possibly preclude a Legislator who was amember ofthe Legislature when any ofthe Veterans’ Lands Acts were passed from participating inthe Veterans’ Land Program. However, subsequent to the ratification of Section 18, the Constitution was amended to create the Veterans’ Land Program, which amendment is contained in Section 49b ofArticle IIIand which provides inpart:

“The lands of the Veterans’ Land Fund shall be sold by the State to Texas Veterans of the present war or wars, commonly known as Storld War.:II, and to Texas Veterans of service inthe armed forces of the United States ofAmerka subsequent to 1945, as may be included within this program by legislative act, insuch quantities, and on such terms, and at such prices and rates of interest, and under such rules and regulations as are now provided by law, or as may hereafter be provided by law.” Nothing inSection 49b excludes any class ofveterans, whether they be Legislators or not, from purchasing lands under the program. Itwill be noted that the above quoted language from the constitutional amendment provides that lands will be sold to veterans of ‘tiorld gar 11..

Hon. Earl Rudder, page 2 (S-223)

and to veterans “as may be included within this program by legislative act. * The Veterans’ Land Act, Article 5421m, Vernon’s Civil Statutes, as passed by the Legislature to implement the above constitutional amendment and as amended, defines the term “veteran” inthe following language:

“Sec. 14. The term ‘veteran’ as used inthis Act, and the phrase ‘Texas veterans ofthe present war or wars, commonly known as World War II’, and the phrase ‘Texas veterans of service inthe armed forces of the United States ofAmerica subsequent to 1945’, as used inSection 49-b ofArticle III ofthe Constitution, or as same may be amended, shall be synonymous and shall be construed for the purpose of this Act to mean any citizen of the United States, male or female, over eighteen (18) years of age, who served not less than ninety (90) days, unless sooner’ discharged because ofa service-connected disabilkty, on active duty inthe Army, Navy, Air Force, Coa~st Guard or Marine Corps of the United States between September 16, 1940 and March 31, 1955, and who upon the date of filing his or her application has not been dishonorably discharged from the branch of the service inwhich he or she served, and who at the time ofhis or her enlistment, induction, commission or drafting was abona fide resident dfthis State, and who at the time of seeking the benefits of this Act is a bona fide resident ofthis State.” There is no provision inthe Texas Veterans’ Land Act and its amendments which excludes any class ofveterans from the above definition; and these weie laws of the Legislature that were passed under the mandate and direction ofthe constitutional amendment, Section 49b of Article III, passed by the people of Texas.

Since the constitutional amendment setting upthe Veterans’ Land Program and defining who may purchase lands under the Land Program, was the last expression of the will of the people, any provision of the Constitution which previously existed must, incase ofconflict, yield to the subsequent amendment. See 9 Tex. Jur. 429, Amendments Sec. 20; State v. Brownsen, 94 Tex. 436, 61 S.W. 114 (1901); State v. Vinson, 217 S.W. 40t 4 (Tex.Civ.App. 1919), affirmed 235 S.W. 1084 (1921); Gillespie’v.‘Eightfoot, 103 Tex. 359, 127 S.W. 799 (1910); Cramer v.Sheppard, 140 Tex. 271, 167 S.W.2d 147 (1943); and Farr~:ar v. Trustees of Employees Retirement System, 150 Tex. 572, 243 S.W.2d 688 (1951). Here, the people of Texas have willed inSection 49b that veterans, whether they be members of the Legislature or not, should be eligible to buy land under the Veterans’ Land Program.Hon. Earl Rudder, page 3 (S-223)

SUMMARY Members ofthe Legislature are eligible to participate inthe Veterans’ Land Program as set upby the constitutional amendment, Section 49b ofArticle III, andthe legislative acts passed under Its direction -- and such eligibility is not affected by their being members of the Legislature at the time ofthe submission ofthe constitutional amendment to the people, at the time of the adoption of the amendment by the people, or at the time the legislative enactments were passed to implement the amendment. APPROVED: John Reeves Reviewer
W. V. Geppert Reviewer Yours very truly, JOHN BEN SHEPPERD Attorney General

Mary K. Wall Special Reviewer L. W. Gray Special Reviewer Davis Grant First Assistant John Ben Shepperd Attorney General