Case Information
*1 c.
ORNEYGENEFCAL OFTEXAS
Ron&able J, D. Looney
Cou&y Auditor
Borio County
Boaton, Texas
Dear Sir6 Opinion Boo. O-5748
R.6 Should aopi.8 of birth and daath oa-tifieates filed dthth. aounty clark be filod ud properly iadoxod, or should they Ia filed, rooordod in full aad indexed?
Your lottw of Juno 23, 194, requesting an s@~.%o~of this depart- mmt upon Cho ahow stated question has bean receiwd,,
Vb quote from your l*ttsr as follarlr @lb am intsreatod in saving as muoh time and wpense a# possible in the operation of all offioes in this county and would like to have your opinion as to the oonrtruotion of the last paragraph of the remmtly mended law in regard to the record of birtha to be kept by ths County Clerk and as shown in 'Sec. 20, or Rule 53a, of Art. 4477, R.C.S. 1936' of thir law.
"The point in quartion ir whether or not tha oopio# of the rooordn filed with the County Clerk rhould 'be filed and properly indorsd or if they should be filed, aad reoordod in full, and indexed.“
Rule 538 of A;ticl. 4477, Vernon'8 Annotated Civil Statutes, roads in part a6 fOllmJ6
I . . . And pnwidod furthor, that the Looal Regirtnr Jhall.SuhEit to thJ oamisaionws8 court or.tha wua'@' au- ditor, as the oa8o may be, a true.and l oourato oopy of eaoh 'birth aad each death oetiifioato filed with him ad suoh aopioa *hall ba dspesitod in the county olorkPa offioo, and the county al&c #hall k paid for indexing and prssoting euoh reoords, suah oanpensation as may be decided upon by the oomndsrionwr' oourtO*
Rule 51a of Arti 4477, Vernon's Aunotatod Civil StatabE, pro- v$dqa i66 pvt6
Honorable J. D. Loomy, (O-3748), Page 2
"That the Stat. tipartment of Health shall preparo, print.axd supply to all Registrars all blank* aad fo~a used 15 regimterilp, moording and pressrvlPg the returns. or in othemim .oarryiag out the purpossa of this Aot, aad
oath city and iaoorpontod town shall print and supply itr looal registrar, and eaoh county shall print and 6Upply thm oounty clerk with permanent reoord books, ia form l p pmwd by the Stat. Registrar, for the moording of 111 births and deatha ooourring withia their respective juri&- diotions, The Stat. Eegintrar ahall prepare and isarra auoh detailed in&.ruotiona a8 may be roquirod to proour. the un- iform obrmrvanoo of its provisiona and tlm main+xanoe of a prfoat system of registz+oag and PO other forms shall be umd thaathore approved by the Stat. Department of Health."
It will be notad that Rule 5la of Artialo 4477, supra, rpocif- ioally provides that eaoh oounty #hall print and supply the oaunty clerk dth pemamt reaord beokr, in forma approved by the State Eogiotmr, for the reaording of all births and death8 ooourrimg lithia their mspeo- tiw jurirdiotionrr Coarideri#g the ta previriolu of Artiole 4477, quoted abow, it 18 apprmt thit it am oontmplated w the Legislaturw that maah runty olork should file, indqx +nd rooord in full a copy of raoh birth and death oortifioate dopositod in his offioe by the oomia- rioaers" oourfi in the parmaaeat rooord books,~in form appmwd by the State Wg$stxar, for the reoordlag of a11 births and deaths ooourriag within their respeotiw jurisdiotions.
Trusting that the forogoiag fully answers your inquiry,, we are Yours wiy truly &'/s/ A,+11 WUliam Ard.11 Rlli~~lls AssPrhnt APPROVED JDL 9, 1941 /&Tr;va;sne6w
ATTORHSY GRMERAL
Approve@ Opinion Camlttro * HUB Ch@nuaa
