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, or 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. 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~genSZVA~ &OOSptitiOA aAd n~AniA& ae demor$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 amendXU0At to H. Be 614 passed by the 47th 

Le&Uilature, providing that ‘say oiti2en 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 applloation is rilsd, or 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 atatement ot the. facts surroundina; the btrth onthe 

date or the birth. 

“8. 

e4 by 

Can a eubsequent event uffeot the, 

faota exis.tiAg OA the date or the 

birth, an4 should suoh a eubsequent~’ 

event be written kit.0 a birth record? ” 

"IPhen the aertiiioate has been ooneiderthe Court an4 additional eVideAOB, -_.. 8s Aecamary, has been submitted 'to establish the 

OitiZeAAhip of the individual f%iAg:the oertiri09t6)), as deiined by you 
"C. Should the Court Order state that the 

citizenship of the person whose birth 

oertiricste IS rile4 as4 the truthrulness 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 Senate Bill No. 46, Chapter 41, page 116, Aota of the 40th Legislature,, 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 record 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 ooeurring 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 refer 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: 

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

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 or 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- 
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 oertlrlcats 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 Certlrloate, and the truthiulness o$ the etatamanta 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 records 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 or death that 

oocurred In Terna, not previously re&etsrad,. 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 cltizan or the state or Texas wlehing to file 

the record oS any birth or death that OCuurred outslde,or the state oS Texas, not previouely registereb, may submit to the Probate 

Court In the County whore he residea a record 

oS that birth or decith written on the adopted 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 attendance 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 eaquainted~ with the Saots surrounding’ the birth 

or death, at the time the birth or death oaaurred, with a seoond erfidevlt or souto person vyho ~-1e’aaqueintrd with the facts surrouhdlng the birth or death, and who la not related 

to the individual by blood or marriage. The 

?robate Court shall require suoh other’inrormation 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 

oertliiaats to the State hreeu of Vital %atlatlos with an order from the Court to the 

Statq heglstrar that the record be, or be 

not acoepted. . The State Regletrnr 1s authorized to abaept the aertiSLoate when. verirled in the above inamer, and shall issue 

certified cropies of such recorrie as provided 

for in Seation 21.of this Mt. Such aertifled copier shall ‘ba prim faele evldenoe in 

all Courts and,plaoes OS the facts stated 

thereon. The state &WQ~U of ~ltal Ytatiatlos 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 cltiaens. 

“A 'CitiZeA' is OAe who owes allauiance to 

the state, and he has the right to reciprocal 

proteotlon from it. 

"The word noitl?.eA9,~ 8used in the Constltutlon and laws of the United States, ha0 uniSormly 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 nativeborn 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. 

the, Conietltutionand lauzzo$ the' Unlted 

States has~a right to vats ror Representatire8 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 subjoot to thu juriadiotion thereof, are aitizena 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 government! one, who.,le ‘a member of the United 

Statee, or or the ?m%y golltio or a sovereign 

state. Ago or 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 statUC* 

*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 

exeoutive offioer of Ku Klux ILlon, leased 

apartmuts for himself and rsmily outsida 

atata &t headquarter8 of organization, but 

oontinued to maintain home owned by him wlthin state, in whioh he had lived and preotioed 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, 

property, privllegee, or ifaaunltlea, sxaspt 

by due oourse or lsw. iEvans v; American 

;i’ubllshing GO., 13 S. 3. 2& 358, 30, lU3 

Ter. 433. I4 

). 

.: 

“i 

‘i 
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 fndependen06 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, beoame 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, entitled to bounty lands under ouoh proviaion.~ 

Hlrcher v. Murray,, 24 F. 017, 621. 

WCitixenship $18 the state or being veated 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 alridavit 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 
Dr. VI. A. Davfe, state R8giutrar,, Tag0 8 

Of Ulld8J.‘iXik&UIkOt ’ar be aeCUl'e&, the 08rtifiOat8 Shall be 

supported by the affidavit of soawpperqon who was acquelnt8d 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 individuel by blood or mrfinge. The Probate Court shallre~ulre 

suoh other information or evideme es nay be deemad nooeaaary 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 

with an ozder~from the 8 ourt to the tat8 Re&e%rar hat 

tat8 RUrOau at vital 3t tiBt~o8 

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 r8lative thereto have bean established. The statute only requlrea that the “Qrder from the oourt to the State Registrar 

that.the reoord be, or bb not, aooepted." 

%3 are returning &mstlth t&i 6orreepondonos which 

you sent ue with your opinion request. 

Trusting t&at the foregoing fully WJ*ers Your ifiquiry, we are 

Pour13 very truly 

i.