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## E ORNEY GENERAL

WILL WILSON **A1TORNEY GENERAL** 

Mr. J. E. Junker CountyAttorney Fort Bend County Richmond, Texas

Dear Mr. Junker: OF TEXAS

July 21, 1960 OpinionNo. WW-891 Re: Whether a County Clerk is required to furnish to a Veterans County Service Officer of another countya birth certificatewithout cost, such birth certificate to be used to establisha claim for benefits on behalf of a minor child of a deceased veteran, Your request for an opinion from this office involves the question of whether a County Clerk is required to furnish to a Veterans County Service Officer of another county a birth certificatewithout cost, suchbirth certificate to be used to establish a claim for benefits on behalf of a minor child of a deceased veteran, Section 3, Article 5798a-2, Vernon's Civil Statutes, states In part:

"Theduty of the Veterans County Service Officer
. . . shallbe to aid all residents of the county . . .who served in the
. . .armed forces
. . . of the United States during any war or peacetime enlistment,and/or veterans orphans and
. dependents in prep&lng, submittin;and presenting any claim against the United States for benefits to which theymay be'entltledunder the existing laws of the United States, or of any state, or such laws as may hereafter be enacted, pertinent thereto
. . .)tMr. J. E. Junker, Page 2 

## (w-891)
Article 1939a,Vernon's Civil Statutes,reads In part as follows:

"Article 1. Anyperson,his guardian, or his dependents or heirs at lawwho Is eligible to make a claim against the Government of the United States of America
. . . shallupon the request theref'or by suchperson,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 file in the office of County Clerks, District Clerksand other public officials of this State, by such officials. , . . "Art. 2. The rights conferredby this Act shall extend to any person,his guardian or his dependents, or heirs-at-lawwho are eligibleby reason of service heretofore or hereafter rendered in the Armed Forces of the United States of America,
. . .when suchperson,his guardian, or his dependents, or helrsat-law are eligible to make claim against the Government of the United States of Americaas a result of such service." Section 93 of 39 Tex. Jur. "Statutes"at page 176 reads In part as follows:

" . the intentionandmeaning of the Legislaturemust be ascertained from the language of the statute read as a whole, , . . If the statutory language clearlyand dlstinctly reveals the legislative intent, there is no occasion to look elsewhere." Article 1939a is explicit In that County Clerks, District Clerks and other officialsmust issuewithout cost certified copies of any instruments,public records or documentsnecessary to establishproof of claims against the United States for the purpose of obtaining benefits to ex-servicemen,their guardians,dependents and heirs-at-lawupon their request. Further, In Article 5798a-2, Vernon's Civil Statutes, the Legislature clearlydefines that the duty of the CountyMr. J, E. Junker, Page 3 (w-891)

Veterans Service Officer 1s "toaid
. veterans orphans and
. . .dependents in preparing, submlttlng'and presenting such claim

. . ,” It Is the opinion of this office that when the Veterans County Service Officer Is requestedby veterans, orphans or dependents for aid In preparing a claimunder Article5798a-2, the Veterans County Service Officerhas authority to act in theirbehalf 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. SUMMARY

The County Clerk of any county In Texas is required to furnish to a Veterans County Service Officer, without cost, a birth certificate to be used to establish a claim for benefits on behalf of a minor child of a deceasedveteran. Yours very truly, WILL WILSON AttorneyGeneral of Texas

MJS:mm APPROVED: OPINION COMMITTEE HoughtonBrownlee, Jr., Chairman Marietta Payne C. Dean Davis Virgil R. Pulllam Robert A.Rowland REVIEWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore