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Honorable James M. Crane District Attorney 9th Judicial District Conroe, Texas Opinion No. O-6489 Re: Requirements under Sec. 2, Senate Bill No. 44, 49th Legislature, as to eligibility ofapplicants for appointment as Veterans County Service Officer or Assistant Veterans County Service Officer. Dear Sir: We are in receipt ofyour rec~entcommunication requesting an opinion from this department onthe above stated matter. We quote from your letter as follows:

“1am writing toyou for an interpretation ofthe County Service Office Bill, ‘Senate Bill No. 44’

. passed by the present Legislature.

“Section 2 ofsaid Bill reads as follows:

“Such Veterans County Service Officer and/or Assistant Veterans County Service Officer shall, if so appointed, serve for the remainder ofthe current county fiscal year during which they are appointed andthereafter shall be appointed for and serve for aterm oftwo years, unless sooner removed for cause by the appointing authority. Such Veterans County Service Officer and such Assistant Veterans County Service Officer shall be qualified by education and training for the duties of such office. They shall be experienced inthe law. regulations and rulings of the United States Veterans Administration controlling cases before them, and shall themselves have served in the active, military, naval or other armed forces or nurses corps of the United States during the Spanish American War, World War Ior World War 11,for aperiod ofat least 4 months, and have been honorably discharged from such services. Such persons shall have had at least two years’ experience as a Service Officer inanationally recognized veterans organization engaged in service work to veterans, as defined by the United States Veterans Administration, either as a Post, State, Department, or National Service Officer, whichHon. James M. Crane, page 2 

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shall be evidenced by a statement ofqualifications filed by the individual seeking appointment, with the County Commissioners Court, upon forms supplied by the Veterans State Service Officer ofthe State ofTexas, which shall be certified to by the State Commander ofthe veterans organization towhich such applicant shall belong, or shall have had one year’s experience as aCounty Service Officer or Assistant County Service Officer, or shall have been given acertificate by the Veterans State Service Officer, who is hereby authorized to prescribe the training and qualifications required for the issuance of such certificate. A statement showing that applicant possesses one or more ofthe above qualifications, accompanied by supporting certificate, shall be filed with the County Commissioners Court at or before the time said appointments are made, and the filing thereof shall be a condition precedent to such appointment.

“Would an applicant for the position ofVeterans County Service Officer or Assistant Veterans County Service Officer be qualified to serve in either ofthese positions who possessed the following qualifications:

“1. Volunteered for military service during the Spanish American War and rejected because he was under weight.

“2. Was accepted into the military service two weeks after the conclusion ofthe Spanish American War and served three years in the regular army ofthe United States, two yrs. in Philippines.

“3. Honorably discharged from the military service.

“4. Is now receiving aVeteran’s pension.

“5. Has served as a member ofthe Local Selective Service Board for approximately 4; years.

“Although this Section sets forth that an applicant for these positions must have served inthe active military naval or other armed forces ofthe United States during the Spanish American War, World War I, or World War II, for a period ofat least 4 months, the Section further sets forth that the applicant may receive a certificate by the Veterans State Service Officer who is authorized to prescribe the training and qualifications required for the issuance of such certificate.Hon. James M. Crane, page 3

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“Kindly state whether or not an applicant who possesses the above qualifications would be eligible to serve in either ofthe aforementioned positions, provided he could furnish satisfactory evidence ofhis competency to the Veterans State Service Officer.”

After carefully considering all ofthe provisions ofSection 2 ofSenate Bill No. 44. passed by the 49th Legislature of Texas, it is our opinion that said Section prescribes three general requirements as to eligibility for appointment to the position ofVeterans County Service Officer or Assistant Veterans County Service Officer, namely: (1) training and experience, (2) service inthe armed forces ofthe United States during specific periods and for a specified length oftime, and (3) honorable discharge from such service. We think that areasonable construction ofthe language inthe last sentence of Section 2 of said Act, “A statement showing that applicant possesses one or more ofthe above qualifications, accompanied by supporting certificate, shall be filed with the county commissioners’ court.
. .“, would indicate that “‘above qualificationR refer to those qualifications as to experience andtraining outlined inthe preceding sentence of said Section. Thus, itis our opinion that the applicant may comply with the prerequisites as to training for the duties ofthe office, or experience inthe law and rulings inthe United States Veterans Administration controlling cases coming before them, by filing with the Commissioners’ Court a statement, accompanied by supporting certificate, showing that said applicant possesses one or more ofthe following qualifications with respect to experience and training: (1) ”

. . . At least two years experience as a service officer in anationally recognized veterans organization engaged in service work to veterans, as defined by the United States Veterans Administration, either as Post, State, Department, or National Service Officer, which shall be evidenced by statement ofqualifications filed by the individual seeking appointment, with the county commissioners’ court, upon forms supplied by the Veterans State Service Officer ofthe State of Texas, which shall be certified toby the State Commander ofthe Veterans Organization towhich said applicant shall belong,”

(2) “One year’s experience as acounty service officer or assistant county service officer,”

(3) Uo.. Shall have been given acertificate by the Veterans State Service Officer. who is hereby authorized to prescribe the training and qualifications required for the issuance ofsuch certificate.”Hon. James M. Crane, page 4 (O-6489)

As to the requirements concerning military service and honorable discharge, we find the following language: “They

. . . shall themselves have served inthe active military, naval or other armed forces or nurses corps ofthe United States during the Spanish American War, World War Ior World War II,for aperiod of at least four months, and have been honorably discharged from such services.”

Itis our opinion that the instant Act requires that an applicant not only possess one or more ofthe prerequisites as to training and experience but, inaddition, he must have the required service inthe armed forces during the prescribed periods oftime and for the minimum length of service. Also, he must have been honorab’ly discharged from such service. Inview ofthe foregoing and inview ofthe facts submitted, it is our opinion that an applicant, although possessing all ofthe qualifications outlined inyour letter, butwho has not served inthe active military, naval or armed forces during the Spanish American War, World War I, or World War 11for aperiod ofat least four months, would not be eligible for the position of Veterans County Service Officer or Assistant Veterans County Service Officer. We trust that the foregoing fully answers your inquiries. Yours very truly, ATTORNEYGENERALOF TEXAS
By /s/ J.A. Ellis J.A. Ellis Assistant JAE:LJ/cm APPROVED MAR 31. 1945 /s/ Carlos C. Ashley FIRST ASSISTANT ATTORNEYGENERAL APPROVED Opinion Committee By /s/ BWB Chairman