Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF ‘TEXAS

AUSTIN

in part a8 fo

‘~&A y&r’ +fniiJh ‘u4et .g. 'j$:hl& *kAg CitiZOA or the &de of. Tsxar~.~‘rafere t0 oitizsnship at the time I$ the, birth, ’ -‘~*‘(a) XA the ofiae, b’ ~pereon’ born in

TBZBS, but whose praatsr reside in Terse at the. time of h,ie birth, .aA4. who remov- ~34 from Tests imme4lataly after the birth, iA view of the laA@uWJe Or the *2 2. JV. A. hvia, State Registrar, Page l!

Su_ortme Court in Cobba VI) Coleman, 14 Terns 594, to the wx00t that ‘“BYB~ QitfZOA Or %X?@ ia AOt t0 be taken %A the reatrioted 88~0 as 4eei@Wiing ~okly the nntivs boxm or naturalize4 oltlzm, but in lts~gen- SZVA~ &OOSptitiOA aAd n~AniA& ae dem- or$ptive ‘of the inhabitants ot the 00untrY*. is much a ~ersoa entitled “(3)’ xi the qusatlon or oitlzenahl~ is to be 4etermiAe4 as at the time ho? birth under H. B. 014, is the amend- XU0At to H. Be 614 passed by the 47th Le&Uilature, providing that ‘say oiti- 2en or the State 0r T~IUNJ wiehing t0 rile the moor4 or any birth . . that ooourre4 outside or the State 0r Tem~‘, etc., a nullity, or should the phrase ‘any oitiaen or the, State or Texas’ OOIltainOd ill thill OtiOAdlllOAt XObtfi t0 the oltizanship at the time the ap- plloation is rilsd, If It should relate only to citizenship at the time of the birth, should it be OOArind to those persons born outsids or Texae 4~4 whom parents were Oiti2eAE of Taxad at the time of their birth? :~ *A birth oartitioate is considered a atate- ment ot the. facts surroundina; the btrth onthe

date or the birth. Can a eubsequent event uffeot the,

“8.

faota exis.tiAg OA the date or the birth, an4 should suoh a eubsequent~’ event be written kit.0 a birth re- cord? ”

"IPhen the aertiiioate has been ooneider- e4 by the Court an4 additional eVideAOB, 8s Aec- -_.. amary, has been submitted 'to establish the

OitiZeAAhip of the individual f%iAg:the oerti- ri09t6)), as deiined by you

Dr. W. A. Davis, State Registrar, Page 3

"C. Should the Court Order state that the citizenship of the person whose birth oertiricste IS rile4 as4 the truth- rulness 0r the statements made in the oertificate have been establishe4?* House Bill No. 624, Aots of the 47th Legislature, Regular Seaslon, 1941, is an aot amending Section 1S oi Sen- ate Bill No. 46, Chapter 41, page 116, Aota of the 40th Legis- lature,, First called Session, as asands by Seotion 2 of House Bill No. 614, Chapter 2, page 346, General Laww of ths 46th Legislature, to provide for unir0m ree to be oharged for, issuance of delayed birth an4 death certificates by the probate oourt, the olerk thereor an4 the State Registrar, and deolariog an emergesoy. House Bill No. 974, Aote of the 47th Legislature, Regular Session, 1941, ie an.aot to amend Seotion 18, Chapter 41, Aots of the 40th Legislature, First Called $esaioA, as atJleA$ed by %OtiOA 2 of House Bill No.

~614, Acts of the Regular Session or the 46th Legislature, to provide that any oltisen or Texas wishing to ills the re- cord 0r any birth, or death oaourring inside the State or Texas, not previously registered, may-submit such record to the probate couPtin the county where such birth or death ocourred, and to provide that any citizen or the State oi Texas wishing ta file the record of any birth or death ooeur- ring outside the tite or Texas not previously registered may submit such record to the probate court in the ,county where ,he resides, an4 ~declaring an emergenoy.~ .,

(With~reiereacie to the erreot or House Bill No. 624, supra, upon House Bill~No. 974, supra, and vice versa, we re- fer you to our oplniqn No. O-%348, bearing dates August 18, 1941, an4 addressed to you.)

House Bill No. 624, supra , reads in part as r0ii0wO: n ,Au4 provi4e4 further, that anyoltizen or the’siate or Texas wishing to-rile the record of any birth or death, not previously registered, say submit to the Probate Court in tke county where the birth death occurred, a reoord of that birth or death written on the a4opted iorms of birth and death dertifioates. The oertificate shall be substantiated by the affidavit of the medical attendant present at the time of the birth, or in the case of death, the affidavit of the physician last in attendance upon the de- *4 Drr W. A. Davle, Stats Registrar, Paga 4

aeared, or the undertaker who buried the body.

Tfhen the arrldravit or the’~medloal sttendanbz

or undertaker cannot be eecured, the oertlrl-

cats shall .be supported by the arridavlt or

some person. who -+a# aaqualnted with the’ Pacts

surrounding the ,bI.rth or death, et the time

the birth or death ooourred, with a eecond

affidavit oS.some person who ie acquainted

with the, raots surrounding the birth or deeth,

and who 18 not related to, the. lndlvkdual’ by’

blood or marriage. The Probate. Court ‘rhall

require such other lntormatlon or evldenoe.

a8 may be deemed aeeessary to establish ‘the

altlzenshlp oS the .lndlvidual riling the Cer-

tlrloate, and the truthiulness o$ the etata-

manta made fn that record. The ,‘lerk or said

Court shall Xorward the oertlrleate tom the

State Bureau oS vital ijtatlatloe with an order

irom the Court to the atate Registrar that

the rooord be, 01: be not, acaeplxid. The

State &gletrar la authorized to eaoept the

oertirioste when verlrlsd in the above manner,

end shall issue aartlfled oople.8, or such re-

cords a8 provided -for in Seotion PA of this

Act. . ..*.

Eiouee Bill Xo. 974, supra., provldee in part: n .A& provided further, that any

oltlzei ir the State or Texas wishIn& to

rile the reoord of any birth death that

oocurred In Terna, not previously re&etsr-

ad,. nay submit. to the ?robrate Court in the

County where suah birth or death ooourred,

a reoord oS aueh birth or death writtbn~ on

the adopted rorms or birth and death dertit

riaatee; aad provided Surther that any clti-

zan or the state or Texas wlehing to file

the record oS any birth or death that OCuur-

red outslde,or the state oS Texas, not pre-

viouely registereb, may submit to the Probate

Court In the County whore he residea a record

oS that birth or decith written on the adopt-

ed forma bf birth and death oertifigatea.

The certilloate shall. be substantiated by-the

affidavit OS the mediaal attendant rprosent

Dr. W. A. Davis, &ate Registrar, Page 5

at the time ot the birth, or in aese of death, the eSSldavit or the physician last in atten- dance upon the deceased, or the undertaker who burled the body. Nhen the aifldavit or the

medical attendantvj or undertaker cannot be

seaured, the certlfloate shall be supported by the aifldavit of’some person who was ea-

quainted~ with the Saots surrounding’ the birth or death, at the time the birth or death oa- aurred, with a seoond erfidevlt or souto per- son vyho ~-1e’aaqueintrd with the facts sur-

rouhdlng the birth or death, and who la not related to the individual by blood or marriage. The ?robate Court shall require suoh other’inror- mation or evidence aa may be daeined neoessary to establish the oltlzeashlp OS the individual filihgthe aertlriaata, and the truthrulness of the statements made in that reoord. The Clerk, or the said Court shell rorward the to the State hreeu of Vital %a-

oertliiaats tlatlos with an order from the Court to the Statq heglstrar that the record be, be

not acoepted. . The State Regletrnr 1s au-

thorized to abaept the aertiSLoate when. veri- rled in the above inamer, and shall issue

certified cropies of such recorrie as provided for in Seation 21.of this Mt. Such aerti-

fled copier shall ‘ba prim faele evldenoe in all Courts and,plaoes OS the facts stated

thereon. The state &WQ~U of ~ltal Ytatia- tlos shall Surniah the form& upon whloh euch records are filed, and no other Sow shell

be used for that purpose.*

Some of’ the &sSinitioas OS the word %itlzeP as Sound in Ifords and ?hrases, Per. Ed., Vol. 7, p. 197, and ths Solloting psges am a8 ?ollows;

*In common perlanoe, all people axe clti- aens.

“A 'CitiZeA' is OAe who owes allauiance to the state, and he has the right to reciprocal proteotlon from it.

"The word noitl?.eA9,~ 8~ used in the Constl- tutlon and laws of the United States, ha0 uni- Sormly aonveyed t,be idea OS membership OS a nation, and,nothiAg more.

Dr. W. A. Davis, state pegletrar, Page 6

*A ‘citizen’ ia defined by Webster to be *a person, native or natulaliaed, who has the privilege or voting for publie oftloera and who ie qualified to fill publia offLOes in

the gift of the people1 also either native- ). born or naturalized person, at either sex, who Is entitled to full proteotion in the

exercise and enjoyment of so-called private rights. Bo~vier. give6 the definition or .: a oitizen in tierloan laws .&a one who -under. “i the, Conietltutionand lauzzo$ the' Unlted ‘i States has~a right to vats ror Representa- tire8 Ld Co~greer, and other publfa oCrloer( and who ilB qualified, to rili oirioea in the girt Of the- people.~ All psrsons born or

naturalfaed; in'ths United States end sub-

joot to thu juriadiotion thereof, are aiti- zena of the United States and of the &ate,

wherein they reeide.~ Abbott detinerr it thuer ‘A person who owes alleglanoe to and may

oleirn reofpr~oel~ proteotlon rrom a govern-

ment! one, who.,le ‘a member of the United or or the ?m%y golltio or a sovereign

Statee, state. Ago majority is not involvea.

Women are oitlzens aa fully and truly aa men.

Nor doeta a, recognition of women*8 aitlzen- : shfp involve 6. grent br politiaal. righta,

such es are indeed usually oonferred only

on citizens, but do not inhera In that stat- UC*

*By *citizen of the State' is meant a oitizen of the united J%atea whose domiolle is in suoh state.

ePlaintlff, who, after beooming.higheSt offioer of Ku Klux ILlon, leased exeoutive apartmuts for himself and rsmily outsida

atata &t headquarter8 of organization, but

oontinued to maintain home owned by him wlth- in state, in whioh he had lived and preo-

tioed professlon~as dentist for over. 20 years, was ‘oitizen* of state, wlthiti Vernon’s Ann.

St., Bill of Rights, 1 19, providing that

citlnen 00~11 not be deprived of ISfe, liberty, or ifaaunltlea, sxaspt property, privllegee, by due oourse or lsw. iEvans v; American ;i’ubllshing GO., 13 S. 3. 2& 358, 30, lU3 Ter. 433. I4

Dr. 'Ji. A. Davis, State Roglatrar, Page I

*by ssotlon 0 oi the deolsrntion of the Texas general oonventioa, it was deolared

that the state suould give donations of ltend to all who volunteered their sorvioea in the Texas atxuxggl.6 againat Mexiao for fndepend- en06 and reoeire them aa oftizans. 4 Saylee' SC. Tex. p. 138. Eeld, that a olhlzen or

Illinois, wbs entered &he tilltarp service or TOXa8 0% a vOhUIteer in suoh was after the

adoption of suoh deolaratlon bf promised

oltlaenehlp, and who died In her servloo, be- oame a oltlnea of Texas, thou& his wits

remained in Illlnols until arter hia death,

end that sh8 and his ohildron also thereby

beoma OitizenlJ of Texan, end were thur, en- to bounty lands under ouoh proviaion.~ titled

Hlrcher v. Murray,, 24 F. 017, 621. WCitixenship $18 the state or being veat- ed with the rights and privileges of a o&t&

Zen.* Abrlf$o vr Stats, 15 3. W. 408."

In view of: the foregoing dotinltione and the above mentioned sots, it 1s our o&ion that the texm eany oitizen of the Stats of Texas* inoludes all those who axe residents or the State t3r Texas at the time the oertifioate is rim and also those who were born in Texas although they may now be altizene or other.states or countries. In reply to your 8eOOna queetion ~8 stated above, we resgeottully enawer the Sti in the 58&C!tiV8. The statute (Article 4477, Vernon's Annotated Civlf Statutes) does not authorlee the writing of SUb68qUent eveuts into the birth maord eroept that when any aertlflaate of birth of a living oh1l.d la presented without the statement of the given nme, then the local registrar shall make out end deliver ta the perente of the child a apsoi~l blank for the supplementa,& ramrt of the given name of the child, w&i.ah shall be Pilled out as dir8oted, and F3tUrU8d to tXO loOal l’e&Strar a8 BOOU al-3 the child shall have been named. (Also see RuLs 26 of Article 4477, au;)m, with reforenoe to adogtionel eta.)

With referenoe to your third question, it will be noted that the above mentioned acts speoffloalI.y and expressly provide "the oerti~ioat% shall be substantiated by the alri- davit of the medical attendout present at the tine of the birth, or in ease of death, the af'fldavit of the phyeiaien lest in attendance upon the deoeaeed, or the undsrtaker who buried the body. '.':heh the affidavit of the medloal attendant *8 Dr. VI. A. Davfe, state R8giutrar,, Tag0 8

Of Ulld8J.‘iXik’ar &UIkOt be aeCUl'e&, the 08rtifiOat8 Shall be supported by the affidavit of soawpperqon who was acquelnt- 8d uith the fnote eurroundFn& the blrtri, OF death, at th8 tine the birth or death ooourrad, wi-th'a second aff'fdavit of some person who is ampainted with the faots eusrounding the birth or death, and who Is not related to the indivi- duel by blood mrfinge. The Probate Court shallre~ulre suoh other information or evideme es nay be deemad nooea- aary to establish the citizenship of the lndfvidual filing the Oertifloete. and the truthiuLne86 of the Statements 0Ed8 ii thst record. The Bleak of eaid Court ahal& forward the oertifraate to the tat8 RUrOau at vital 3t tiBt~o8 with an ozder~from the 8 ourt to the tat8 Re&e%rar hat the reoord be, or be not, acoe@ed. The State Registrar is authorized t0 aOO8pt tke a8rtifiOat8 when Vbriii8d ia the above tuamer, and shall issue certified aopiea of such reoords a8 provided for in Seation El of this hot.*

The oetiiiioate must be substantiated by the arridavite nentioaed in the a@t. It is our opinion that the probate court mat deterAn the oitizenship of the p8rSOn Whose birth Oertifioate is filed and asoertain the truthfulness of the etatemente oade In oonneotion therewith.

However, a;ith,roferehoe to the order of the OoWt to the State Re&ietrar, It is not neaeesary that this order state that the oitizenehlp of the person whose birth oertif%oete i.e riled and the truthfulneoa of the ebatomente made r8la- tive thereto have bean established. The statute only re- qulrea that the “Qrder from the oourt to the State Registrar that.the reoord be, or bb not, aooepted." t&i 6orreepondonos which %3 are &mstlth returning

you sent ue with your opinion request. Trusting t&at the foregoing fully WJ*ers Your ifi- quiry, we are

Pour13 very truly i.