EL% ORNET- GENERAL 

OFTEXAS 

AUSTIN a~.T~xas 

FVILL WILSON 

AlTOHNEnrCENERAr. 

May 7, 1962 

Hon. Robert S. Calvert Opinion No. WW-1329 

State Comptroller of 

Public Accounts Re: Eligibility of a forme~r Texas 

Capitol Station Ranger to receive payment. of 

Austin, Texas pension pursuant to the prbvisions of Senate Bill 53, Acts 

of~~the 56th Legislature Regular Session, chapter 283, page 

Dear Mr. Calvert: 

62Qic;,odi6fXfi i; F;non's as 

, . . . 

You have requested an opinion concerning the eligibility of a former Ranger to receive pension benefits under Senate 

Bill 53, Acts of the 56th Legislature, Regular Session, chapter 

283, page 629, codified in Vernon's as Article 6228e, V.C.S. 

Your request reads as follows: 

"1 am enclosing an application for a Ranger 

pension from Harrison Lester Hamer. 

"Attached to this application you will find 

an affidavit from Mr. Hamer, a letter from W. D. 

Cope) Adjutant General, an affidavit from the 

Archives Division of the State Library? and a certificate from the Honorable Homer Garrison, Director, Department of Public Safety. 

"I wish you would examine the application and 

advise me if, in your opinion, Mr. Bamer's application for a Ranger's pension can be granted." 

In order to be eligible for a pension a former Texas 

Ranger is required to have served "as a regular Texas Ranger, 

receiving compensation from the State, for an aggregate time of 

at least two (2) years prior to September l,? 1947." 

Under the facts submitted in your request the former 

Ranger involved has furnished an affidavit, the pertinent portions of which read as follows: 

I am a former member of the Texas 

having served from October 23rd 

to aboui January 10th 1920 and from April 1, 

1932 to January 18, 1933. 
Hon. Robert S. Calvert, page 2 (W-1329) 

"During my first enlistment with the Force I 

tendered,my resignation as of December 31st. 1919, 

however as such,resignation was not acted on until 

January 8, 1920, which notification was sent me by 

mail by W. D. Cope, Adjutant General, I continued 

to work as a ranger up to the time that I received 

such letter. At the time said letter was sent me 

I was at Snyder, Texas, in active service, continuing to serve in such force. Such letter was transmitted to me by regular mail and I anticipate that 

it took at least two days for it to arrive in Snyder from Austin. 

Vy service in the Ranger force was in excess 

of two years. 

"1 am attaching a photo-fax copy of said letter received by me accepting my said resignation, 

which is made a part of this affidavit." 

According to the records of the Texas Department of 

Public safety the former Ranger involved in your request was 

employed by the State of Texas as a regular Texas Ranger from 

October 23, 1918 to December 31, 1919, ard from April 1, 1932 

to January 18, 1933. According to the records of the Texas 

State Library, Records Division, the name of the former Ranger 

involved in your request did not appear on the payroll voucher 

for January, 1920. The letter of W. D. Cope, Adjutant General 

of the State of Texas, dated January 8, 1920, accepting the 

resignation of the Ranger involved previously tendered to the 

Adjutant General, reads as follows: 

"1 have your letter of December 31st, stating you have forwarded your resignation as a 

member of the State Ranger Force. 

"Under the conditions as stated by you in 

this letter, I do not feel I would be justified 

in insisting on your remaining with the Force. 

For that reason 

as of December 3 

I am accepting your resignation 

1st. 

"Your service with the Ranger Force has been 

perfectly satisfactory to this department, and it 

is with regret that we are to lose you from the 

Force. However, should conditions change and you 

find you can again accept work on the Force, advise this department and if there is an opening 

we will be glad to have you return. 
Hon. Robert S. Calvert, page 3 (WW-1329) 

"With kindest personal regards and best 

wishes for the coming year, I am. . . . " 

If the service of the Ranger involved in your request 

with the Ranger Force was terminated on December 31 

Ranger would have served one year and 363 days or c 

1919, such 

of the prerequisite time for eli 

wo days short 

the Ranger served until January 1 

ibility. On the other hand, if 

1920, such Ranger served with 

the Ranger Force two years and si!i days. According to the record 

before us, the Ranger's tender of resignation was not acted upon 

until January 8, 1920, and the Ranger did not cease performing 

his duties as Ranger until he received notice of the acceptance 

of his tendered resignation, to wit, January 10, 1920. 

In view of the foregoing facts, which are undisputed in 

the record before this office, you are advised that it is our 

opinion the Ranger involved served as a member of the Ranger Force 

in excess of two years, and is therefore eligible to receive the 

pension provided for in Senate Bill 53, Acts of the 56th Legislature, Regular Session, chapter 283, page 629, codified in Vernon's 

as Article 6228e, V.C.S. 

Where a former Texas Ranger served from April 

23, 1918 to January 8, 1920 (the date on which his 

resignation of December 31, 1919, was accepted) 

and from April 1, 1932, to January 18, 1933, he'has 

served for an aggregate time of at least two years 

prior to September 1, 1947, within the meaning of 

Senate Bill 53, Acts of the 56th Legislature, Regular Session, chapter 28 

Vernon's as Article 3 

, 

622 e, 

page 629, codified in 

V.C.S., and is eligible 

to receive the pension provided therein. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Dudley McCalla 

Jerry Roberts 
Hon. Robert S. Calvert, page 4 (W-1329 

Arthur Sandlin 

Norman Suarez 

REVIEWED FOR TICi ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.