### THEATTORNEYGENERAL OFI‘EXAS

GROVERSELLERS AUSTIN 1~.TEXAS -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 discharges and for furnishing certified copies of the same. Wehave 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 Statute 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, dependenta 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

"Iwill thank yourDepartment for a ruling as to whether the County la legally liable to the said Clerk for recording the veteran'sdischarges and for furnishing the above mentioned certified copies; if 80,would the Commissioners'Courtbe 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 amendedby the Acts of the Forty-ninth Leglalature, 1945, Chapter 346, Page 587, Section 1, is as follows:

"Article1. 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 theArmed Forces of the United States ofAmerica, or the servicesauxiliary thereto, including the Maritime Service and the Merchant Marine, shallupon the request thereforby such person, his guardIan, or his dependents, or heirs at law,be furnishedwithout cost a certifiedand authenticated copy or copies of any instrument,public record OP document neceaaary to prove or establish such claim,which is in the custody OP on file In the office of county clerks,district clerks and otherpublic officials of this State, by such officials. Provided, the issuance of such certified or authenticatedcopy or copiesby such officials shallnot be considered in determining the msxltrmmfee of such offices.

"AP,~0 20 The rights conferredby thisAct shall extend to any person, his guardian OP his dependents, or heirs-at-lawwho are eligibleby reason of service heretofore or hereafter rendered in theArmed 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-laware eligible to make claim against the Government of the United States of America as a result of such service." This department held in OpinionNo, O-6939 that the county clerks and districtclerks were required to furnish to ex-servicemenwithout coat a certified and authenticated copy or copies of any instrumentnecessary to prove a claim against the United States Government.Honorable W. D. Laceg, page 3 o-7374

In construingArticle 1939 (asamendedby theActs of the 48th Legislature)we held in our opinionNo..o-6750 that the Commissioners'Court had no authority to allow any fees claimed by the county clerk for recordingand keepingdischarges of the members of the Armed Forces orReserves.

The Commissioners'Court is a court of llmtted jurisdiction and has only such powers as are conferred expressly or by necessary implicstionby the Constitutionor statutes of this State. (Galveston,Houston and San Antonio Ry. Co. v. Uvalde County, 167 S.W. (2d) 305, error refused).

To entitlean officer to receive fees or commissions the receipt thereof umat have been provided for and the amount fixed bY.law. (See 34 Texas Jurisprudence522 and cases cited therein

We have been unable to find any statuteauthorizing the Commissioners'Court to pay the county clerk a fee or commission for recordingveteran'sdischarges and for furnishing certified copies of the same. Neither havewe been able to find a fee provided for this service. Therefore, it is the opinion of this department that your question shouldbe answered in the negative and It is so answered. Very truly yours, ATTORNEYGENERAL 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 CommitteeBy a/BwB Chairman