Untitled Texas Attorney General Opinion ( 1946 )

THEATTORNEYGENERAL
OFI‘EXAS
AUSTIN 1~. TEXAS
GROVERSELLERS
-N
AlTORNEYGENERAI.
Honorable W. D. Laceg
County Attorney
Leon County,Centerville, Texas
Dear Sir: Opinion No. O-7374
Re: Authority of the Coizimlssloners’ Court
of Leon County to pay the county
clerk for recording veteran’s dis-
charges and for furnishing certified
copies of the same.
We have received your letter of recent date requesting
an opinion from this department on the above subject matter. We
quote from your request the following:
“Art. 1939a of the Revised Statutes of Texas
requires certain county officers to furnish to any
person, his guardian, or his dependents or heirs at
law who is eligible to make a claim, etc.-- shall
upon request, etc. wlthout cost furnish a certified
ena authenticated copy or copies of any instrument
public record or aocument, etc. on file or in custody
of such officer.
“Under the above Statute the County Clerk of
this county f.s called upon to furnish and does
furnish to the persona mentioned in the above Sta-
tute s great many Certlfled Copies of Veterans
discharges, Marrlage License ana Birth Certificates,
end also records a great many veteran’s discharges
wlthout cost tothe veterans, their guardians, de-
pendenta ana heirs at law.
“This county la operattng under ‘the fee system
and the above aervioea rendered the veterans by the
County Clerk has become quite a burden to the oounty
clerk who informa me the work requires one deputy to
attend to it.
The Commissioners’ Court has refused to pay
the county clerk for performing the above work In
connection with furnishing the Certified copies and
for recording the Veteran’s discharges.
Honorable W. D, Lacey, page 2 O-7374
"I will thank your Department for a ruling as
to whether the County la legally liable to the said
Clerk for recording the veteran's discharges and for
furnishing the above mentioned certified copies; if
80, would the Commissioners' Court be authorized to
pay the Clerk the usual fees for so recording the
discharges and furnishing the certified copies above
mentioned."
Article 1939a, V.A.C.S., aa amended by the Acts of the
Forty-ninth Leglalature, 1945, Chapter 346, Page 587, Section 1,
is as follows:
"Article 1. Any person, his guardian, or his
dependents or heirs at law who is eligible to make
a claim against the Government of the United States
of America as a result of service in the Armed
Forces of the United States of America, or the
services auxiliary thereto, including the Maritime
Service and the Merchant Marine, shall upon the re-
quest therefor by such person, his guardIan, or his
dependents, or heirs at law, be furnished without
cost a certified and authenticated copy or copies
of any instrument, public record OP document necea-
aary to prove or establish such claim, which is in
the custody OP on file In the office of county
clerks, district clerks and other public officials
of this State, by such officials. Provided, the
issuance of such certified or authenticated copy or
copies by such officials shall not be considered in
determining the msxltrmmfee of such offices.
"AP,~ 0 2 0 The rights conferred by this Act shall
extend to any person, his guardian OP his dependents,
or heirs-at-law who are eligible by reason of service
heretofore or hereafter rendered in the Armed Forces
of the~united States of America, or the services
Auxiliary thereto, including the Maritime Service
and the Merchant Marine, when such person, his
guardian, or his dependents, or heirs-at-law are
eligible to make claim against the Government of
the United States of America as a result of such
service."
This department held in Opinion No, O-6939 that the
county clerks and districtclerks were required to furnish to
ex-servicemen without coat a certified and authenticated copy
or copies of any instrument necessary to prove a claim against
the United States Government.
Honorable W. D. Laceg, page 3 o-7374
In construing Article 1939 (as amended by the Acts of
the 48th Legislature) we held in our opinion No..o-6750 that the
Commissioners' Court had no authority to allow any fees claimed
by the county clerk for recording and keeping discharges of the
members of the Armed Forces or Reserves.
The Commissioners' Court is a court of llmtted juris-
diction and has only such powers as are conferred expressly or
by necessary implicstion by the Constitution or statutes of
this State. (Galveston, Houston and San Antonio Ry. Co. v.
Uvalde County, 167 S.W. (2d) 305, error refused).
To entitle an officer to receive fees or commissions
the receipt thereof umat have been provided for and the amount
fixed b law. (See 34 Texas Jurisprudence 522 and cases cited
thereinY.
We have been unable to find any statute authorizing
the Commissioners' Court to pay the county clerk a fee or com-
mission for recording veteran's discharges and for furnishing
certified copies of the same. Neither have we been able to find
a fee provided for this service. Therefore, it is the opinion
of this department that your question should be answered in the
negative and It is so answered.
Very truly yours,
ATTORNEY GENERAL OF TEXAS
By s/ J.C. Davis, Jr.
J.C. Davis, Jr,
Assistant
By s/ John Reeves
John Reeves
JR/=/WC
APPROVED SEP 12, 1946
s/Grover Sellers
ATTORNEY GENERAL OF TEXAS
Approved Opinion Committee By a/BwB Chairman