*1 THEATTORNEYGENERAL

OFI‘EXAS AUSTIN 1~. TEXAS

GROVER SELLERS -N

AlTORNEYGENERAI.

Honorable W. D. Laceg

County Attorney

Leon County,Centerville, Texas

Dear Sir: Opinion No.

Re: Authority of the Coizimlssloners’ Court of Leon County to pay the county clerk charges for recording veteran’s dis- and for furnishing certified copies of the same.

We have received your letter on the above subject matter. We of recent date requesting an opinion from this department

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 etc. wlthout cost furnish a certified upon request, 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 furnish county f.s called upon to furnish and does to the persona mentioned in the above Sta-

tute 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, de- pendenta 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 for furnishing the Certified copies and recording the Veteran’s discharges.

Honorable W. D, Lacey, page 2

"I will thank your Department for a ruling as to whether the County la legally liable to the said Clerk for recording the veteran's discharges and for furnishing the above mentioned certified copies; if 80, would the Commissioners' Court be 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 amended by the Acts of the Forty-ninth Leglalature, 1945, Chapter 346, Page 587, Section 1, is as follows:

"Article 1. 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 the Armed Forces of the United States of America, or the services auxiliary thereto, including the Maritime Service and the Merchant Marine, shall upon the re- quest therefor by such person, 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 OP document necea- aary to prove or establish such claim, which is in the custody OP on file In the office of county clerks, district clerks and other public officials of this State, by such officials. Provided, the issuance of such certified or authenticated copy or copies by such officials shall not be considered in determining the msxltrmm fee of such offices.

"AP,~ 0 2 0 The rights conferred by this Act shall extend to any person, his guardian OP 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, or the services Auxiliary thereto, including the Maritime Service and the Merchant Marine, when such person, his guardian, or his dependents, or heirs-at-law are eligible to make claim against the Government of the United States of America as a result of such service."