. 

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 of applicants for appointment as Veterans 

County Service Officer or Assistant Veterans County Service Officer. 

Dear Sir: 

We are in receipt of your rec~ent communication requesting an opinion from this department on the above stated matter. We quote 

from your letter as follows: 

“1 am writing to you for an interpretation of the 

County Service Office Bill, ‘Senate Bill No. 44’. passed 

by the present Legislature. 

“Section 2 of said Bill reads as follows: 

“Such Veterans County Service Officer and/or 

Assistant Veterans County Service Officer shall, if so 

appointed, serve for the remainder of the current county 

fiscal year during which they are appointed and thereafter 

shall be appointed for and serve for a term of two 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 in the 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 I or World War 11, for a period of at 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 in a nationally 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, which 
Hon. James M. Crane, page 2 (O-6489) 

shall be evidenced by a statement of qualifications filed 

by the individual seeking appointment, with the County 

Commissioners Court, upon forms supplied by the Veterans State Service Officer of the State of Texas, which 

shall be certified to by the State Commander of the veterans organization to which such applicant shall belong, 

or shall have had one year’s experience as a County Service Officer or Assistant County Service Officer, or shall 

have been given a certificate 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 of the 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 of Veterans 

County Service Officer or Assistant Veterans County Service Officer be qualified to serve in either of these 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 of the Spanish American War 

and served three years in the regular army of the United 

States, two yrs. in Philippines. 

“3. Honorably discharged from the military service. 

“4. Is now receiving a Veteran’s pension. 

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

“Although this Section sets forth that an applicant 

for these positions must have served in the active military 

naval or other armed forces of the United States during the 

Spanish American War, World War I, or World War II, for 

a period of at 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 (O-6489) 

“Kindly state whether or not an applicant who 

possesses the above qualifications would be eligible to 

serve in either of the aforementioned positions, provided 

he could furnish satisfactory evidence of his competency 

to the Veterans State Service Officer.” 

After carefully considering all of the provisions of Section 2 of Senate 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 of Veterans County Service Officer or Assistant Veterans County Service Officer, namely: (1) 

training and experience, (2) service in the armed forces of the United 

States during specific periods and for a specified length of time, and (3) 

honorable discharge from such service. 

We think that a reasonable construction of the language 

in the last sentence of Section 2 of said Act, “A statement showing that 

applicant possesses one or more of the 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 and training outlined in the preceding sentence 

of said Section. Thus, it is our opinion that the applicant may comply with 

the prerequisites as to training for the duties of the office, or experience 

in the law and rulings in the 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 of the following qualifications with 

respect to experience and training: 

(1) ” . . . At least two years experience as a 

service officer in a nationally 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 of qualifications filed by the individual seeking appointment, with the county commissioners’ 

court, upon forms supplied by the Veterans State Service Officer of the State of Texas, which shall be certified to by the 

State Commander of the Veterans Organization to which said 

applicant shall belong,” 

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

(3) Uo.. Shall have been given a certificate by the 

Veterans State Service Officer. who is hereby authorized to 

prescribe the training and qualifications required for the issuance of such 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 in the 

active military, naval or other armed forces or nurses 

corps of the United States during the Spanish American 

War, World War I or World War II, for a period of at 

least four months, and have been honorably discharged 

from such services.” 

It is our opinion that the instant Act requires that an applicant not only possess one or more of the prerequisites as to training 

and experience but, in addition, he must have the required service in the 

armed forces during the prescribed periods of time and for the minimum 

length of service. Also, he must have been honorab’ly discharged from 

such service. 

In view of the foregoing and in view of the facts submitted, 

it is our opinion that an applicant, although possessing all of the qualifications outlined in your letter, but who has not served in the active military, 

naval or armed forces during the Spanish American War, World War I, 

or World War 11 for a period of at 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