. . ,
Honorable Justin A. Kever Opinion No. WW-1219
District Attorney
Tom Green County Re: Whether a Commissioners
San Angelo, Texas Court is authorized
to discontinue the
Veterans Service
Office under Article
5798a-2, V.C.S., and
the facts stated.
Dear Mr. Kever:
You have requested an opinion of this office on
the following two questions:
(1) "18 the Commissioners Court authorized
under article 5798a-2 to discontinue the Veterans
Service Office upon the expiration of the date
of the term for which the incumbent is appointed
when said Court has determined that such office
is no longer a public necessity?"
(2) "Is the Commissioners Court authorized
to discontinue the services of the Veterans
Service Officer upon completion of his two year
term when the office is determined to be no
longer a public necessity?"
The oLinion request further states that the
Commissioners Court of Tom Green County with all members
present on September 11, 1961, voted to discontinue the
Veterans Service Office effective January 1, 1962, which
is the expiration date of the two year term for which the
present incumbent has been appointed.
Section 1 of Article 5798a-2, Vernon's Civil
Statutes, to which you refer, gives the Commissioners Court
the xuthoritv to effectuate a Veterans County Service Office.
This statute reads in part as follows:
"Section 1. The office of Veterans County
Service Office is hereby created. When the
Commissioners Court of a county shall determine
that such an office is a public necessity in
order that those residents of a county who have
Honorable Justin A. Kever, page 2 (WW-1219)
served in the armed forces may promptly,
wrowerlv and rightfullv obtain the benefits
to which they are entitled, it shall by a
majority v,oteof the full membership
_ ___ ~.~._~~_ thereof,
maintain and operate such an office and shall
..~-
appoint a Veterans County Service Officer
. . . (Emphasis supplied)
From the above quoted statute, it can be
observed that this office was created by the Legislature.
However, the maintenance and operation of the office was
placed at the discretion of the Commissioners Court, upon
a determination by that body of a public necessity for the
operation of that office under the criteria set out. Conse-
quently, it is our opinion that although the office itseli'
could not be abolished or discontinued per se by the
Commissioners Court (it being a statutory office set up
by the Legislature), the court could, upon a determination
that a public necessity for such office no longer exists,
suspend the operation of the office by a majority vote
of the full membership of the court.
We do not believe that it was the intention of
the Legislature to do a useless thing in this instance
by giving the Commissioners Court the authority to use
their discretion in determining a public necessity for the
operation of this office, and then, on the other hand,
denying all means of the court to use its discretion to
suspend the operation when a public necessity was found
to have ceased to exist. A primary rule of construction
of statutes is to ascertain and give effect to the intent
of the legislative body. Morrisv. Calvert, 320 S.W.2d
117 (Civ. App. 1959, err. ref., n.r.e.).
The Court in the case of Wood v. State, 133 Tex.
110, 126 S.W.2d 4 (1939) spelled out this point in the
following language:
"It is the settled law that statutes
should be construed so as to carry out the
legislative intent, and when such intent
is once ascertained, it should be given
effect, even though the literal meaning
of the words used therein is not followed.
. . .II
In arriving at legislative intent it is of primary
imnortance to ascertain the purpose for which the statute
was enacted. Harris County v. Tennessee Products Pipe Line
co., 332 S.W.2d 77'/ (Civ. App. 196C-)-.Since the obvious
.- .-
Honorable Justin A. Kever, page 3 (WW-1219)
purpose of this statute is to provide for the operation of
this agency when a public necessity for such is found to
exist, it seems entirely logical to us that when such
public necessity is found to have become non-existent,
it is within the power of the Commissioners Court to
suspend the operation of that office. Looking to the
subject matter and purpose here, we believe that our
construction is in accord with the purposes for which
this statute was passed, that it meets the criterion
of reasonableness demanded in statutory interpretation.
Southwest Sav. and Loan AssIn of -Houston v. Falkner,
331 S.W.2d 917 (1960).
In reference to your second question, we believe
in accordance with the above, that the Commissioners Court
is also authorized to discontinue the services of the
Veterans Service Of icer at the end of his term if the Court
finds a public nece2sity for such office no longer exists.
The officer here in question is subject to the general
rule that in the absence of legal inhibition the governing
body under which an officer holds may abolish the office, and
in a statutory office, the Legislature may also authorize
the Commissioners Court of any county to abolish an office
insofar as that county is concerned, where the matter of
filling such office in the first instance is left to the
Court's discretion. Stanfield v. State, 83 Tex. 317, 1.8
S.W. 577 (1892). We think it a reasonable interpretation
that since the filling of the Veterans County Service Office
in the first place was left to the Commissioners Court, upon
a discretionary finding of a public necessity, the Court
is authorized to discontinue the services of the officer
in its discretion. (See 34 Tex. Jur. 387, Public Officers,
Sec. 381.
SUMMARY
The Commissioners Court of Tom Green County
is authorized to discontinue both the operation
of the Veterans County Service Office and the
services of the Veterans County Service Officer
upon a determination by a majority vote of the
full membership of the Court that a public ne-
cessity for such office under the criteria set
out in Article 5798a-2, no longer exists.
. . ‘.
Honorable Justin A. Kever, Page 4 (WW-1219)
Very truly yours,
EBS:dhs:kh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey
William Colburn
Howard Mays
Dudley McCalla