ra.
1,
\ OFFICE OF ‘THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Eonorable Xelvln Combs
county Attorney
Jefferson O0unt.y
Beaumont, Texas
Dear Sir:
2, requesting the
oplnlon of this d s a8 etated therein
reads in part as
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 ertabllsh-
ment o? claims and neoessary service status, In
either the norld war, the Spanish-Amerioan Mar,
or any other aotive servioe, where such eerrloe
warnrendered, 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? Instru-
ments In their reepeotlve o??Ioee to sx-servIas
msn of the World War and tha Spanish-American
War where suoh osrtifioatas and ooplas o? Inetru-
manta 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
--.-__^T1.l AlTORNEYGENERALOF TEXAS