Hon. 080. U. Cox, M. D. opinion no. v-589 

State Health Officer 

Department of Health Be: The necessity for the 

Auetin, Texas State Regletrar OS. 

Vital Statistics to 

Attn.: Hon. W. D. Carroll collect the statutory 

Pee 0r fifty cents for 

certified copies of 

birth and death certificates requested ior 

official use by a 

State Agency. 

Dear Sir: 

Your letter and requeet for an opinion dated 

Mey 4, 1948, 18 a8 foixow~: 

“Rules 51s and 548 of Article 4477, 

R.C.S. include the statutory provisiona 

governing the issuance of certified copies 

of birth and death records by the State 

Registrar of Vital Statistics. 

“We have pending at this time a request made by another state department 

for a certified copy of’ a death certifiGate. 

“Is the State Registrar required to 

collect the statutory fee of fifty cents 

for a certified copy when such copy is 

requested bg an agency of the state ~OVernment and is for an official use other 

than those exceptions to the fee mentioned in Rule .%a? 

Rule 5&a of Article 4477, V. C. S., provides, 

in part, a0 followar 

‘That the State Registrar shall, upon request, supply to any properly qualified applicant a certified copy of the 
Hon. Geo. W. Cox, R. D., page 2 (V-589) 

record of s.ny birth or death registered 

under provisions of this Act, for the makinn and certification of which he shall be 

entitled to a See of Sifts cents (50k). to 

be aaid by the awwlicant . . . and provided further, that the State Reaistrar shall, 

upon request of any parent or-guardian, - 

aupply, without fee, a certificate limited to a statement as to the date of birth 

of any child when the same shall be necessary for admission to school, or for the 

purpose of securing employment; and provided further, that the United States Census Bureau may obtain, vlthout expense to 

the State, transcripts or certified copies 

of birth and deaths without payment, of 

the fees herein prescribed; . . . and provided that the State Registrar shall issue 

free of cost to any veteran, his widow, 

orphan, or other descendants a photostatic copy of any record not otherwise prohibited by law when~ such record is to be 

used in the settlement of a claim against 

the Government; and provided that the 

State Regimtrar may issue, upon court order, without fee, a certified copy of the 

birth certificate in cases relating $0 

child labor, and the public schoola. 

(Underscoring ours throughout) 

v. c. so, 

The pertinent parts of Rule 51a, Art. 4477, 

provide as follows: 

8, 

. Within seven (7) days after 

the (b&h) certificate has been accepted and ordered filed by the probate court, 

the clerk of that co~urt shall forward the 

certificate to the State Bureau of Vital 

Statistics with an order from the court 

to the State Registrar that the certificate be accepted. The State Registrar Is 

authorized to accept the certificate when 

verified in the above manner and shall iasue certified copies of such records as 

provided for in Section 21 (Rule 54a OS 

Art. 4477, V. C. 3.) of this Act. Certified copies of said birth or death certificate shall be issued by either the county clerk or the State Reaistrar and fee . 
. 

Hon. ffeo. W, Cux, W. D.,, page 3 (V-589) 

trar 4~11 

Rule 5)ca clea*ly &t&tea: t+u%t ‘the State Regin- 

%~.ss~~e’b Pi&h’+ d@&%& ~efctifioate~ to any 

qual$fied a@pliocint prc&tZed &+ ~a&&.c&t pays to the 

State Regls$,llar a See of fist &W&q& S&d rule further 

provides that &he State ,Reg&s iPA ., ~,~m~st issue birth or 

death cextificat~s to bsrta$n p&~one and- to the United 

States Census Bmeaa:.~ without chsrga~, 

39 Tex. Jurrr Sec. lo?, p.~ 191 says: 

“The fact th& an Act contains one 

or more exception* ~%&sel~sea an intention 

on the part of the he&d&atP1*e that there 

shall be no othep exoeption and t&at the 

Act,should apply in al~l eases not excepted. 

The Bupz~me Ganr*t of Texas in F 

011 Company v, Yount-Lee 011 Co., 52 S.W. 9” 26) 56, statera1 Crude 

ed: 

“It is a familiar Wle of statutory 

interpretation that an ‘exception *ken 

plain the intent that the statute shall 

apply In all case* not excepti3d * Sutherland on Statutory Cone@uatio% ,::;2d RI&) 

Sec. 494, p. 9233 25 R,, Ci Xi, 9i ,a$ First 

Texas State Insur&nce to. v,. Walley, 111 

Tex. 68, 228 S.W. 550. 

The latest ,expreasion by our Supreme Court on 

the rule of law involved herein is found in the case of 

North Common Scho,ol~,?Zs%rfct e,t al v., Live Oak county 

Board of School Trtiste& et al, 199 S.W.(2d) 764. This 

case construed an Act of the Leglsl8ture validating all 

independent school dlstriot,s which had theretofore been 

enlarged by the County Roam of Sohool Trustees after 

the proper electionad exoapt those~diatricts the validdity of which was in lltigktion ,at the tlme,ofthe passage of the Act. The court said: 

“Moreover the faot that the Act containea one exception - where the validity 

of the district van In lit1 ation at the 

time of the passage of the 5t ot - would 

qeem to mark the limlt of the~exclujlont 
Ron, Oeo. W. COX~ M. D., page 4 (v-589) 

and to IlaDe any istDlication8 that there 

#all be any other excentionq." 

Under the general rules of statutory construction as above set out, we are of the opinion that the 

Legislature intended that the State Registrar must.,col- 

,,lect the statutory fee of fifty cents for certified 

copies of birth and death,oertiSlcates from all State 

Agencies and all persons other than those specifically 

exempt from the payment of such fee under the statute in 

question. Since your letter concerns a State Agency 

that Is not speclficallg exempt under Rule 54a, It follows that you must collect the statutory fee of fifty 

cents from such State Agency. 

The State Registrar is required to collect a fee of fifty cents for all certified 

copies of birth and death certificates from 

all persons or agencies requesting same, except thobe persons or agencies specifically 

exempt from the payment of auoh fee under 

the provisions of Rule 54a of Article 4477, , 

V. C.~B. 

Yours very truly, 

ATTORIQX ORRRRAL OF T.E&3 

0F:mw 

BY 

Clinton Foshee 

Assistant 

ATTORREYGRI?RRAL