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 

### 0rfifty cents for certified copies of birth and death certificates requested ior officialuse by a State Agency.

Dear Sir:

Your letter and requeet for an opiniondated Mey4, 1948, 18 a8 foixow~:

“Rules 51s and 548 of Article 4477, R.C.S. include the statutoryprovisiona 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 statedepartment for a certified copy of’ a death certifiGate.

“Is the State Registrar required to collect the statutory fee of fifty cents for a certified copywhen such copy is requestedbg an agency of the state

### ~OVernment and is for an officialuse 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 theHon. Geo. W. Cox,R. D., page 2 (V-589)

record of s.ny

birth or death registered under provisions of thisAct, for the **mak** inn and certificationof which he shallbe 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 statementas to the date of birth of any childwhen the same shallbe 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 ofbirth 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 descendantsa photostatic copy of any record not otherwiseprohibited 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. (Underscoringours throughout)

v. c. so, The pertinentparts of Rule 51a, Art. 4477,

provide as follows: 8,

.Within seven (7)days after the (b&h) certificatehas been accepted and ordered filed by the probate court, the clerk of that co~urtshall forward the certificate to the State Bureau of Vital Statisticswith an order from the court to the State Registrar that the certificatebe accepted. The State Registrar Is authorized to accept the certificatewhen 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 thisAct. Certified copies of saidbirth or death certificate shallbe issuedby 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)caclea*ly &t&tea: t+u%t ‘theState Regin- %~.ss~~e’b

Pi&h’+ d@&%& ~efctifioate~ to any qual$fieda@pliocint prc&tZed &+ ~a&&.c&t pays to the State Regls$,llar

a See of fist &W&q& S&d rule further provides that &he State ,Reg&s .,~,~m~st issuebirth or iPA death cextificat~s to bsrta$np&~one and- to the United States CensusBmeaa:.~ 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 shallbe no othep exoeption and t&at the Act,should apply in al~leases not excepted.

The Bupz~me Ganr*tof Texas in F 011 Company v, Yount-Lee 011 Co., 52 S.W. 26) 56, stat9”era1 Crude

ed:

“It is a familiarWle of statutory interpretationthat an ‘exception*ken plain the intent that the statute shall apply In all case* not excepti3d* Sutherland on StatutoryCone@uatio% ,::;2d RI&) 9i Sec. 494, p. 9233 25 R,,Ci Xi, ,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 construedan Act of the Leglsl8turevalidatingall independent school dlstriot,s which had theretoforebeen enlargedby the CountyRoam of Sohool Trusteesafter the proper electionadexoapt those~diatrictsthe validdity of which was in lltigktion ,atthe tlme,ofthepassage 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~exclujlontRon, 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 ofbirth and death,oertiSlcatesfrom 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 concernsa State Agency that Is not speclficallgexempt under Rule 54a, It follows thatyou must collect the statutoryfee of fifty cents from such StateAgency.

The StateRegistrar is required to collect a fee of fifty cents for all certified copies of birth and death certificatesfrom 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 

# BYClinton Foshee Assistant

ATTORREYGRI?RRAL