ra. 

1, 

\ OFFICE OF ‘THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

Eonorable Xelvln Combs 

county Attorney 

Jefferson O0unt.y 

Beaumont, Texas 

Dear Sir: 

oplnlon of this d 

reads in part as 

2, requesting the 

s a8 etated therein 

n in our oountg 

oertlrled copies 

eoords from men 

ited States. These 

or the purpose of 

th before the 

sill grant maintenanoe funds 

lldren OS the men In sarvioe. 

every time that the County Clerk 

he County Olerk he is to report 

nd show that this fse was 

and turned over to the Counm 

The question vie are interested in is whether fP 

not under the Servioenan'a Dependants Allowanoe 

Act of 1942 the Couuty Clerk being authorized to 

furnish these reoorde without charge to the men 

in servioe and, ii so, how should this report be 

made to the County Auditor In lieu of the money 

to be deposited in the Oounty Funds ior the use 

of the County Clerk's seal. Your early attention 

will be greatly appreoleted." 
Honoreble Kelvin Combs - page 2 

Artlole 1939a Vernon*s Annoteted Civil Statutes 

reads in part as iollows: 

%notion 1. That from and after the efieotlvs 

date o? this Aot, all County Clerks, Dlstrlot 

Clerlca, and other of?ioiale in this State who are 

required to issue any form of oertlfloate or sny 

aopy or oopies o? instruments neoessary as proof 

to establish any claim or olelms of any ex-service 

men o? the Federal Government, shall issue suoh 

oertifloate, and likewise oertliled oopias o? 

any Instrument necessary to prove any faot or 

establish any olaim of such ex-eervloe men, rrea 

of any oharge, and shall inolude the eetabllshing 

o? oompensatlon status, and any other necessary 

feat to be established to aid and assist suoh 

8x-service men In oomplettng the reoord of suoh 

serrioe when neoessary or required In the ertabllshment o? claims and neoessary service status, In 

either the norld war, the Spanish-Amerioan Mar, 

or any other aotive servioe, where such eerrloe 

warn rendered, and where the person would, on proper 

proor, be entitled to oompensation, Insuranoe, 

or any other f’orm of adjr;sted aattlemnt for sorvioe 

rendered to the United States Gorsrnmsnt by suoh 

ax-servioe men. The County Clerk, Dfatriot Clerk, 

or other o??iolala Issuing suoh oertl?loates or 

certltied oopiea of Instruments, ahall not be liabls 

ror any settlement ?or any suoh reduotion, and 

the ssme shall not be oounted as fees oolleoted 

and chargeable to suoh ofiice, and shall ?orm no 

pert o? the maximum fees of euoh o??loe. All oi 

the provisions of Section 1 hereof, shall inure 

to the heirs at law of suoh er-eervlae men, Where 

the proof is neoessary to establish the olaim 

emanating through or under auoh ex-servioe 0611. 

*Sea. 2. Ex-service men, as meant in this 

Act, shall lnolude all those persons reoognlzad 

by the United States Government as being entitled 

to adjustment oompensatlon, or other form of 

settlement for servloe In tl3le of war. Act8 1939, 

46th Leg., p* 329.v 

The above mentioned statute was passed by the 

Forty-sixth Legislature and beoame effective April 87, 1939. 

Se&ion 3 of the sot repeals all ooniliotlng laws and part8 

OS laws and Seotion 4 dealares an emergenoy and provides 
Honorable Afalvin Combs - page 3 

that tha aot should take sffeat ?roa and after ita passage, 

The oaptlon of the eat roads as ?ollowa: 

‘An Aot providing and dIrectIng County 

Clerks, Dletrlot Clarke and other orriolale to 

Issue oertlrIoatse and oertlried oopIa8 o? Instruments In their reepeotlve o??Ioee to sx-servIas 

msn of the World War and tha Spanish-American 

War where suoh osrtifioatas and ooplas o? Inetrumanta are naoaeaary to be wad for furthering 

olaima and setabllehIng proof of euoh ex-eanloa 

mm to euoh olains for oompanaatlon, or other 

olalma to be eetablIehed, defining ax-8orrIoa man; 

rspaallng all laws and parts 0s laws In 00nru0t 

harawlth; and doolsring aaumgonoy.* 

After sarafully oonaIdarIng ArtIela 19SSa, aupra, 

In oonnaotlon with the oaptlon of tha aot meeting It, yau 

asa raapeotfully advised that It 5.a tha opinion of this 

dapartmant that said aot was Intanded to apply only to 

ax-aarrioa men of the World War and the Spanish-Amarloan 

war. 

In oonneotlon with tha roregoiag wa hara oarefw 

ooneldared the. Varvloaman~e Dapandante Allowanoa Aat of 194lF 

(Ohaptar 443-86 Session; Pub110 Law 6gS-77th Oongrora) and 

do not ballara or think that auoh aot has any applIoatIon 

to tha queetiona under oOn5IderetIOn. 

You era further advlaad that tha fees oollaotad 

for tha above mantionad aerrloee should be deposited in 

the o??Ioar’8 salary fund aa raqulrad by Saotion 3 of 

ArtIole 391l%a, Vernon’s Annotated Cltll Statutes. 

Trusting that the foregoing fully anauara your 

IJ.wW, ‘19 am 

Yours very truly 

AlTORNEY GENERAL OF TEXAS --.-__^T1.l