Case Information

*1 The Attorney General of Texas December 22, 1982

MARK WHITE

Attorney General

Mr. Wake Adkins Open Records Decision No. 338 Supreme P. 0. Box 12546 TelecoDier Austin, 5121475-2501 Telex 9101674.1367 TX. 7671% Court Building 5121475-0266 ^[2546] Dear Mr. Adkins: City of Fort Worth Fort Worth, Texas 76102 City Attorney 1000 Throckmorton Re: Availability of birth and death records held by local registrars 214,742.6944 1607 Main St., Suite Dallas, TX. 75201-4709 ^[1400]

article 6252-17a, V.T.C.S., as to the availability of birth and death records maintained by a city health department. You have requested our decision under the Open Records Act, 4624 Alberta Ave., Suite 160 Section 3(a)(15) of the Open Records Act excepts from disclosure El Paso. TX. 79905-2793 "birth and death records maintained by the Bureau of Vital Statistics 9151533-3464 in the State of Texas." In Attorney General Opinion H-115 (1973),

this office said that this provision also acts to except such records 1220 Dallas Ave., Suite 202 when in the custody of a county clerk "to the extent that he maintains Houston. TX. 77002-6966 records of birth and death of the type maintained by the State Bureau 7131650-0666 of Vital Statistics." The opinion was based upon the following

rationale: 606 Broadway. Suite 312 To hold otherwise would present the anomalous Lubbock, TX. 79401.3479 6061747.5236 situation that the State Registrar of vita1

Statistics could not produce a record but that a local registrar or a county clerk could. 4309 N. Tenth. Suite B McAllen, TX. 76501-1665 In Open Records Decision No. 307 (1982), we held that article 5121662.4547

6600, V.T.C.S., which directs a county clerk to furnish "attested copies whenever demanded of all papers recorded in his office," 200 Main Plaza, Suite 400 requires the conclusion that "birth and death records kept by a county San Antonio, TX. 78205.2797 clerk are not excepted from disclosure under any provision of the Open 5121225-4191 Records Act." Attorney General Opinion H-115 was overruled "to the extent of conflict." Since Open Records Decision No. 307 addressed An Equal Opportunity/ only the question of birth and death records maintained by a county Affirmative Action Employer clerk, you ask whether the same result is applicable to such records

in the custody of a city health department.

Although Open Records Decision No. 307 based its result on the mandate of a statute first enacted in 1836, the existence of that statute completely undermines the reasoning of Attorney General Opinion H-115. If birth and death records must be disclosed when in the custody of a county clerk, but are excepted when maintained by the Bureau of Vital Statistics, the rationale of that opinion does not exist. When the legislature created the exception for state vital statistics information in section 3(a)(15), it must be presumed to have been aware that such records were disclosable when held at the county level. The only reasonable alternative to the reasoning of Attorney General Opinion H-115 is to conclude that, when the legislature enacted section 3(a)(15), it chose its language carefully and meant thereby to except only those birth and death records which are maintained by the Bureau of vita1 statistics. Such an interpretation, in addition, follows the well established rule of construction that every sentence, clause, phrase and word of a statute is presumed to have been used for a purpose, and accordingly, should be given effect, if reasonably possible. Eddins-Walcher Butane Company v. Calvert, 298 S.W.2d 93, 96 (Tex. 1957). Had the legislature intended to except all vital statistics information, wherever maintained, it need not have appended to section 3(a)(15) the clause "maintained by the Bureau of Vital Statistics."

Moreover, rule 54a of article 4477, V.T.C.S., authorizes a local registrar who issues certified copies of death certificates to charge the same fees charged by a state registrar. This language, added in 1979, further indicates the legislature's intent that such records be available upon request from local registrars. Acts 1979, 66th Leg., ch. 543, 82, at 1135.

This result is not without precedent. In Open Records Decision NO. 144 (1976), we noted that, although conviction information is readily available from court files, it need not be disclosed when in the custody of the Department of Public Safety, by virtue of section 3(a)(8) of the Open Records Act. We conclude that birth and death records maintained by a city health department are not excepted from disclosure under the Open Records Act. Attorney General Opinion H-115 is hereby overruled.

MARK WHITE Attorney General of Texas JOBN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Rick Gilpin

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Rick Gilpin

Patricia Hinojosa

Jim Moellinger