Untitled Texas Attorney General Opinion

December 18, 1969
Hon. Charles L. Morris Opinion No. M-541
Executive Director
Veterans Affairs Commission Re: Whether the County Clerks,
Drawer 11, Capitol Station District Clerks and other
Austin, Texas 78711 public officials of this
State, are required to fur-
nish more than one copy of
a certified or authenticated
instrument, public record or
document, when such copies
are necessary to prove or
establish a claim for bene-
fits baaed on service in the
Armed Forces of the United
Dear Mr. Morris: States of America.
In your request for an opinion from this office, you
submit the following facts, which we quote, In part, as follows:
"Copies of Instruments necessary as proof
to establish claims, are required for compensa-
tion claims, pension claims, burial allowance,
grave marker, insurance claims, survivor benefits
claims, and other forms of claims or settlement
for service rendered in the Armed Forces of the
United States.
"Such claims are directed to various agencies,
and documents necessary to prove such claims are
required by the various agencies for incorporation
into the respective agency's file maintained on
such claim.
II
. . .
('Youropinion is necessary due to the fact
that the County Clerk of Harris County, will issue
only one (1) copy of'an instrument or document with-
out cost, and refuses to issue additional copies
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. .
Hon. Charles L. Morris, page 2 (M-541)
without cost, when requested by Veterans Service
Officers or County Service Officers for use in
connection with a veteran's or survivor's claim.
'An example of the problem is refusal of
County Clerk to Issue additional copies of death
certificate, which are requested by veterans
service officers, as required evidence in support
of pension and Insurance claims, when initial
copy of such certificate has been requested by
a funeral director in s$pport of burial allowance
claim in the same case.
With regard to these facts you ask the following ques-
tion:
"We are desirous of knowing whether Article
1939a, provides for the issuance of more than
one copy of a document or instrument without
cost, when such documents or Instruments are to
be used in connection with establishing claims
for benefits based on service In the Armed Forces."
Article 1939a, Vernon's Civil Statutes, reads, in part,
as follows:
"Article 1. Any person, his guardian, or
his dependents or heirs at law who is eligible
to make a claim against the Government of the
United States of America . . . shall upon the
request therefor by such person, his guardian,
or his dependents, or heirs at law, be furnished
without cost a certified and authenticated copy
or copies of any instrument, public record or
document necessary to prove or establish such
claim, which is in the custody or on fil i
the office of County Clerks, District ClErki
and other public officials of this State, by
such officials. . . . (Emphasis added.)
"Art. 2. The rights conferred by this
Act shall extend to any person, his guardian
or his dependents, or heirs-at-law who are
eligible by reason of service heretofore or
hereafter rendered in the Armed Forces of the
United States of America, . . . when such per-
son, his guardian, or his dependents, or heirs-
at-law are eligible to make claim against the
Government of the United States of America as
a result of such service.
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Hon. Charles L. Morris, page 3 W-541)
In Attorney General's Opinion W-891 (l$O), it
Is stated as follows:
"Article 1939a is explicit in that County
Clerks, District Clerks and other officials must
issue without cost certified copies of any in-
struments, public records or documents necessary
to establish proof of claims against the United
States for the purpose of obtaining benefits to
ex-servicemen, their guardians, dependents and
heirs-at-law upon their request.
II
. . .
"It is the opinion of this office that when
the Veterans County Service Officer is requested
by veterans, orphans or dependents for aid In
preparing a claim under Article 5798a-2, the
Veterans County Service Officer has authority
to act in their behalf and is entitled to re-
quest and receive from the County Clerk of any
county In the State of Texas, without cost,
certified copies of instruments,,forthe purpose
of establishing proof of claim.
Also, in Attorney General's Opinion M-128 (1967),
this office answered the question whether veterans would have
to pay for certified copies of instruments necessary to es-
tablish proof of Armed Forces benefits under the provisions
of House Bill 80, Acts of the 60th Legislature, Regular Session,
1967, ch. 681, p. 1789. In holding that such persons are not
required to pay a fee, the opinion states, in part, as follows:
"Your third question asks whether House
Bill 80 authorizes the county clerks to charge
for filing of documents relating to veterans
of the armed services who are now exempt under
Article 1939a, Vernon's Civil Statutes, from
paying a fee. Since Article 1939a refers only
to an exemption of fee payments for certified
copies of documents, we assume you meant to ask
whether the veterans would now have to pay for
certified copies of such instruments. It Is
our opinion that they do not. (Emphasis added.)
"House Bill 80 is a general act covering
all fees to be charged by the various county
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. .
Hon. Charles L. Morris, page 4 (M-541)
clerks for performing the services spelled out
in the act.
"Article 1939a Is a special act covering
only designated Individuals and Its effect Is to
exempt those designated Individuals from paying
a fee for certified copies of any public record
necessary to establish a claim against the United
States Government arising from service in the
armed forces or an auxiliary thereto. This
act applies not only to county clerks, but to
district clerks, and other public officials of
this state.
"Considering the two acts together, it is
our opinion that it was not the intention of the
Legislature to repeal or amend Article 1939a with
House Bill 80, as far as county clerks are concerned.
,I
. . .
'House Bill 80 is a general act and Article
1939a Is a special act, and the general rule of
construction is to the effect that general acts
do not repeal specific acts by implication unless
such a construction is necessary to give meaning
to the general act. Townsend v. Terrell, 118 Tex.
463, 16 S.W.2d 1063 ('1929);State v. Humble 011 &
Refining Co., 187 S.W.2d 93 pex.Civ.App. 1945,
writ ref. w.o.m.); American Canal Co. v. Dow
Chemical Co., 380 S.W.2d 662 (Tex.Civ.App. 1964,
writ dismissed.)
We have found no general law which would have the
effect of repealing the provisions of Article 1939a. Consequently,
it is our opinion, based on the authority of Opinion b’W-891
(1960) and Opinion M-128 (1967), that the County Clerks, District
Clerks and other public officials of this State are required to
furnish without cost more than one copy of a certified or au-
thenticated instrument, public record or document, when such
copies are necessary to prove or establish a claim for benefits
based on service in the Armed Forces of the United States of
America.
SUMMARY
County Clerks, District Clerks and other
public officials of this State, are required
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, .
Hon. Charles L. Morris, page 5 (M-541)
to furnish without cost more than one copy of a
certified or authenticated instrument, public
record or document, when such copies are neces-
sary to prove or establish a claim for benefits
based on service in the Armed Forces of the United
States of America.
eneral of Texas
Prepared by Ivan R. Williams, Jr,
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Alfred Walker, Co-Chairman
David Longoria
Steve Hollihan
James McCoy
Camm Lary
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
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