r’ -
E ORNEY GENERAL
OF TEXAS
WILL WILSON
A1TORNEY GENERAL July 21, 1960
Mr. J. E. Junker Opinion No. WW-891
County Attorney
Fort Bend County Re: Whether a County Clerk
Richmond, Texas is required to furnish
to a Veterans County
Service Officer of an-
other county a birth
certificate without cost,
such birth certificate to
be used to establish a
claim for benefits on be-
half of a minor child of
Dear Mr. Junker: a deceased veteran,
Your request for an opinion from this office involves
the question of whether a County Clerk is required to fur-
nish to a Veterans County Service Officer of another county
a birth certificate without cost, such birth 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:
"The duty of the Veterans County
Service Officer . . . shall be 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 they may
be'entltled under the existing laws of
the United States, or of any state, or
such laws as may hereafter be enacted,
pertinent thereto . . .)t
Mr. J. E. Junker, Page 2 (w-891)
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 Govern-
ment of the United States of America . . .
shall upon the request theref'orby such per-
son, 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 file in the
office of County Clerks, District Clerks and
other public officials of this State, by
such officials. , . .
"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 per-
son, his guardian, or his dependents, or helrs-
at-law are eligible to make claim against the
Government of the United States of America as
a result of such service."
Section 93 of 39 Tex. Jur. "Statutes" at page 176
reads In part as follows:
" . the intention and meaning of the
Legislature must be ascertained from the lan-
guage of the statute read as a whole, , . .
If the statutory language clearly and dlstinct-
ly reveals the legislative intent, there is
no occasion to look elsewhere."
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.
Further, In Article 5798a-2, Vernon's Civil Statutes,
the Legislature clearly defines that the duty of the County
Mr. J, E. Junker, Page 3 (w-891)
Veterans Service Officer 1s "to aid . veterans
orphans and . . . dependents in preparing, submlttlng'and
presenting such claim . . ,”
It Is the opinion of this office that when the Vet-
erans 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 re-
quest 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.
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 deceased veteran.
Yours very truly,
WILL WILSON
Attorney General of Texas
MJS:mm
APPROVED:
OPINION COMMITTEE
Houghton Brownlee, Jr., Chairman
Marietta Payne
C. Dean Davis
Virgil R. Pulllam
Robert A. Rowland
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore