December 18, 1969

Hon. Charles L. Morris Executive Director Veterans Affairs Commission Drawer 11, Capitol Station Austin, Texas 78711

Dear Mr. Morris: OpinionNo. M-541
Re: Whether the County Clerks, District Clerks and other public officials of this State, are required to furnishmore than one copy of a certified or authenticated instrument,public record or document,when such copies are necessary to prove or establisha claim for benefits baaed on service in the Armed Forces of theUnited 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 Instrumentsnecessaryas proof to establish claims, are required for compensation claims, pension claims,burial allowance, gravemarker, insurance claims, survivorbenefits claims, and other forms of claims or settlement for servicerendered 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 variousagencies for incorporation into the respective agency's filemaintained on such claim. II

. . . ('Your opinion is necessarydue to the fact that the County Clerk ofHarris County,will issue only one (1) copy of'an instrument or documentwithout cost, and refuses to issue additional copies 2582. .

Hon. Charles L. Morris, page 2 (M-541)

without cost,when requested by Veterans Service Officers or County Service Officers foruse in connectionwith 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 certificatehas been requestedby a funeraldirector in s$pport of burial allowance claim in the same case. With regard to these facts you ask the following question:
"Weare desirous of knowing whether Article 1939a,provides for the issuance of more than one copy of a document or instrumentwithout cost, when suchdocuments or Instrumentsare to be used in connectionwith 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

. . . shallupon the request thereforby such person,his guardian, or his dependents, or heirs at law,be furnished without cost a certifiedand 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.

. . . (Emphasisadded.)
"Art. 2. The rights conferredby this Act shall extend to any person, his guardian or his dependents, or heirs-at-lawwho are eligible by reason of serviceheretofore or hereafter rendered in the Armed Forces of the United States of America,

. . .when such person, his guardian, or his dependents, or heirsat-law are eligible to make claim against the Government of the United States of America as a result of such service. 2583Hon. Charles L. Morris, page 3 W-541)

In Attorney General's OpinionW-891 (l$O), it Is stated as follows:

"Article 1939a is explicit in that County Clerks,District Clerks and other officialsmust issuewithout cost certified copies of any instruments,public records or documents necessary to establishproof of claims against theUnited States for the purpose of obtainingbenefits to ex-servicemen, their guardians,dependents and heirs-at-lawupon their request. II

. . . "It is the opinion of this office that when theVeterans County Service Officer is requested by veterans, orphans or dependents for aid In preparing a claimunder Article 5798a-2, the Veterans County Service Officerhas authority to act in their behalf and is entitled to request and receive from the County Clerk of any county In the State of Texas, without cost, certified copies of instruments,,for the purpose of establishingproof of claim. Also, in Attorney General's OpinionM-128 (1967), this office answered the questionwhether veteranswould have to pay for certified copies of instrumentsnecessary to establish proof of Armed Forces benefitsunder the provisions of House Bill 80, Acts of the 60th Legislature,Regular Session, 1967, ch. 681, p. 1789. In holding that suchpersons 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 serviceswho are now exemptunder 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 veteranswould now have to pay for certified copies of such instruments. It Is our opinion that they do not. (Emphasisadded.)
"HouseBill 80 is a general act covering all fees to be chargedby the various county 2584. .

Hon. Charles L.

clerks for in the act.

Morris, page 4

performing the (M-541)

services spelled out

"Article 1939a Is a specialact covering only designated Individualsand Its effect Is to exempt those designated Individualsfrom paying a fee for certified copies of any public record necessary to establisha claim against the United States Governmentarising 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. "Consideringthe two acts together, it is our opinion that it was not the intention of the Legislature to repeal or amend Article 1939awith House Bill 80, as far as county clerks are concerned. ,I

. . . 'HouseBill 80 is a general act and Article 1939a Is a specialact, and the general rule of construction is to the effect that general acts do not repeal specificacts by implicationunless 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 Opinionb’W-891 (1960) and OpinionM-128 (1967), that the County Clerks,District Clerks and other public officials of this State are required to furnishwithout costmore 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 benefits based on service in the Armed Forces of theUnited States of America. SUMMARY

County Clerks, District Clerks and other public officials of this State, are required

2585, .

Hon. Charles L. Morris, page 5 (M-541)

to furnishwithout costmore than one copy of a certified or authenticated instrument,public record or document,when such copiesare necessary to prove or establish a claim for benefits based on service in the Armed Forces of theUnited States of America.

eneral of Texas Preparedby Ivan R. Williams, Jr, AssistantAttorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman AlfredWalker, Co-Chairman David Longoria Steve Hollihan James McCoy Camm Lary
MEADE F. GRIFFIN Staff Legal Assistant
NOLA WHITE First Assistant

2586