December 18, 1969 

Hon. Charles L. Morris 

Executive Director 

Veterans Affairs Commission 

Drawer 11, Capitol Station 

Austin, Texas 78711 

Dear Mr. Morris: 

Opinion No. M-541 

Re: Whether the County Clerks, 

District Clerks and other 

public officials of this 

State, are required to furnish 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 benefits baaed on service in the 

Armed Forces of the United 

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 compensation 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 

. . . 

('Your opinion is necessary due to the fact 

that the County Clerk of Harris County, will issue 

only one (1) copy of'an instrument or document without 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 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 question: 

"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 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. 

2583 
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 instruments, 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 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 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 establish 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 

2584 
. . 

Hon. Charles L. 

clerks for 

in the act. 

Morris, page 4 

performing the 

(M-541) 

services spelled out 

"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 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 the United 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 furnish without cost 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 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 

2586