Case Information
*1 GENERAL ER ORNEY OFTEXAS
Honorable Karl Cayton
County Attorney
Dawson County
Lamesa, Texas
Dear Sir:
opinion No. o-3946 Re: Does the justice of the peace still remain local registrar in his precinct even when the precinct incorporates a city of more than 2,500 population, and a related question9
Your request for an opinion of this Department on the questions stated herein has been received.
We quote from your letter as follows: "I would like an interpretation of House Bill No. 821, Section Three, which provides for a Primary Registration District and provides that the Justice of the Peace shall be the Local Registrar, and in cities of 2,500 the City Clerk or Secretary shall be the local Registrar of Births and Deaths.
"Question: Does the Justice of the Peace still remain local registrar in his precinct even when that precinct incorporates a city of more than 2,500 popula- tion? Should he continue to register all births and deaths in his entire precinct, regardless of whether or not such births or deaths occur in a city of more than 2,500 population?"
Rule 36a of Article Vernon's Annotated Civil Stat- utes, before being amended by House Bill No. Acts, 47th Leg- islature, Regular Session, read as follows:
"For the purposes of this Act the State shall be divided into Primary Registration Districts, as follows: *2 Honorable Karl Cayton, page 2 (O-3946)
"Each Justice of the Peace Precinct and each incor- porated town of 2,500 or more population, according to the United States Census, shall constitute a Primary Registration District, p rovided the State Board of Health may combine two or more Registration Districts, or may divide a Primary Registration District into two or more parts, so as to facilitate registrations, and in cities of 2,500 or more, according to the last United States Census Report, where births and deaths are registered in accordance with a City Ordinance not in conflict with this Act, the City Clerk shall be the Local Registrar of Births and Deaths.
"It is hereby declared to be the duty of the Justice of the Peace in the Justice of the Peace Precinct, and the City Clerk or City Secretary in the city of 2,500 or more population to secure a complete record of each birth and death that occurs within their respective jurisdictions, and is required by this Act."
House Bill No. supra, provides in part as follows: "That Section of Senate Bill No. Chapter 41, page 1.16, Acts of the Fortieth Legislature, First Called Session, as amended by Senate Bill No. 20, Chapter 4, page Acts of the Forty-first Legislature, First Called Session, be amended so as to hereafter read as follows:
"Sec. 3.
"For the purposes of this Act the State shall be divided into Primary Registration Districts as follows: peach Justice of the Peace Precinct and each incorporated town of two thousand, five hundred (2,500) or more popula- tion, according to the last United States Census, shall constitute a Primary Registration District, provided the State Board of Health may combine two or more Regis- tration Districts, or may divide a Primary Registration District into two or more parts, so as to facilitate registration, and in the Justice of the Peace Precinct, the Justice of the Peace shall be Local Registrar, and in cities of two thousand, five hundred (2,500) or more, according to the last United States Census reports, the City Clerk or City Secretary shall be the local Registrar of Births and Deaths.
"It is hereby declared to be the duty of the Justice of the Peace in the Justice of the Peace Precinct, and the City Clerk or City Secretary in the city of two thousand, *3 Honora.ble Karl Cayton, page 3 (O-3946)
five hundred (2,500) or more population, to secure a com- plete record of each birth and death that occurs within their respective jurisdictions, and have same recorded in the County Clerk's office in their respective counties on or before the tenth of the following month."
In the absence of any statement or facts to the contrary, for the purposes of this opinion, we assume that the State Board of Health has not combined the primary registration districts under consideration. This being true, we think the above quoted provi- sions *of House Bill No. specifically answer your questions. It will be noted that each justice of the peace precinct and each incorporated town containing a population of 2500 inhabitants, or more, zaccording to the last United States census, constitute a pri- mary registration district. It is further specifically provided that 13 the justice of the peace precinct, the justice of the peace shalloe the local registrar, and in incorporated towns or cities containing 2,500 inhabitants or more, according to the last United States census report, the city clerk or city secretary shall be the local registrar of births and deaths. The justice of the peace, acting as local registrar of births and deaths is required to se- cure a complete record of each birth and death that occurs within his respective jurisdiction, and a like requirement is imposed upon the city clerk or city secretary in an incorporated city or town containing 2,500 inhabitants or more, according to the last United States census, and each local registrar is required to have recorded in the county clerk's office in their respective counties on or be- fore t~he tenth of the following month a complete record of each birth <and death that occurs within their respective jurisdictions.
Therefore, it is the opinion of this Department that in justice of the peace precints which incorporate or include an in- corpor:sted town or city containing a population of 2,500 inhabit- ants or more, according to the last United States census, the jus- tice of the peace is the local registrar of births and deaths oc- curring within his precinct outside of the limits of the incorpo- rated town or city. And that the city clerk or city secretary is the local registrar in the said incorporated town or city, and it is his duty to secure a complete record of each birth and death that occurs within his respective jurisdiction, that is within the limits of the incorporated town or city, and have the same recorded in the county clerk's office in his respective county on or before the te,nth of the following month. In other words, the justice of the pe,sce is not the local registrar in an incorporated town or city within his precinct when such town or city contains a popula- tion of 2,500 or more inhabitants according to the last United States census.
./-.
Honorable Karl Cayton, page 4 (O-3946)
Trusting that the foregoing fully answers your inquiry, we are
Yours very truly ATTORNEY GFXZRALOFTEXAS APPROVED SF2 19, 1941 /S/ Grover Sellers
By /s/ Ardell Williams Ardell Williams FIRST ASSISTANT Assistant ATTORNEY GENERAL AW:AMM:LM
APPROVED OPINION COMMITTEE BY /s/ BWB CHAIRMAN