yOFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

Xonorabls k'. A. Gay18 

State Registrar 

State Boa& of HeaN& 

Austin, Texas 
Eonorable W. A. DaVl8, page 2 

“‘Am3 provided further, that any altizen 

_ . . _ . - . 

or tile State or Taxes wlehln& to file t&e Feoord of any birth or death, not previously 

registered, may submit to the Probate Court 

in the oounty where the birth or death occurred, a record of that birth or-death written 

on the adopted forms of blrth and death oertifioates. Th8 csrt~ficate shall be subetantlateb by the a?fldavit of the medioal attendant 

present at the time of the birth, or in case 

of death, the aifidavlt of the physlolan last 

in attendance upon the &eceased, or the undertaker who buried the body. when the affidavit 

OS the medioal attendant or undertaker cmnnot 

be secured, the certificate shall be supported 

by the affidavit of sosm person who waa aoquainted with the facts aurroun(lln~: the birth 

or death, et the time the birth or death oaourred, with cr seoond afflcIatlt of sow, person who is acquainted with the taots surrounblng the birth or death, and who Is not rel.eted 

to the indlvUua1 by blood or msrrlage, The 

Frobate Court shall require auoh other lnformation or evidence an may be doemed necessary to establish the citieenship of the lndlvidual filing the oertlficate, end the truthfulness of the statements maas in thet record. 

The Clerk OS the said Court shall Forward the 

certll’ioate to the State Bureau of Vital rtatietics with sn order iron the Court to the 

State Registrar thtit the record be, or be 

not, acaepted. The 5tate Regfetrar is authorized to aooept the oertifloate when verified 

LI the above s!anmr, and shall lseur oertliied 

oopiee or suoh reoords ss provided ror in 

seotlon 21 of thlr Act. such oertirled aopfes 

shall be prima Ptxois evidence in all Courts 

and plaoes of the facts stated thereon. The 

State Bureau of vital 2tatlstios shall furnish 

the forms upon which such reoords are filed, 

and no other form shell be used for that purpose.‘” 

Note that the Probate Court I# required to pass 

the facts surrounding the birth or death and may ree additional evld~enoa it neoessary. 
ho~orab1e W. A. Mvie, Page 3 

:;rticle la, Revlsed Civil Statutes, 1925, reads 

AS i‘O.llovY : 

Vo judge or justice 0:' the peaoe 

shall sit in any ease wherein he may be 

interested OP where either of the parties 

my bo oonnected with him by affinity or 

oonsan&nity within the third degree, or 

where he shall have b88n couueel in the 

0888." 

It i5 clear that under Art5018 lb of the Rerfsed 

civil Statutes, and Zeotioh ll or krtiole v pi the3 constitution iron: whloh mtdd.8 16 springa, the County Judge of 

Jaak County is not only related to those who wish to prove 

the reoords of their birth; he 15 also tnterestml in the 

registration of his own birth oertiffaate. Undoubtedly he 

is disquallfled to preside over these probate prOo88dinga. 

Article 1932 vernon*a Annotated Civil Statutes, 

a6 amended, -as enaote & to take oare of just suoh situations. 

It reado as follows: 

When a county &d&e is diSg,Ualified 

to act in any probate !5atter, he shall 

forthwith certify his die;ualiflaatlon 

therein to the Governor, whereupon the 

Governor shall appoint some perem to 

aot AS special judge in said oa88, who 

ShA1.L A& fXOJIl t8Wi t0 teKX Witil auoh 

dls~ualiffcatlon ceases to exist. A 

special. judge so appointed shall receive 

the same compensation 8s La now or may 

hareafter be provided by law for regular 

judges in similar cases, and ths Cozm.isaioners' Sourt shall, at beginning of 

eaoh fisoal year, include In the hdpt 

of the county, a sufTloient 9~13. for the 

payAmmt of the speaial judge or judges 

appointed by the Governor to act for the 

re&ar oounty judge, .Ae awn&x? Acts 

1939, 46th L8p,., p. 187, 8 1~" 

Consequently, it is'the opinion of this department 

and you are reapeotfully advised that the County Sudgs of 
328 

fionorablm W. A. Darie, Page 4 

Jaok County who d8SireS to oause to be filed for record 

the birth oertifioate or himself, hle brothers and eleters, 

as provided for in HOUSE Bill No. 614, Acts 1939, 46th 

~gislature, Should,as provided in Artiole 1932, eupra, 

osrtify hls dlequualifloation to the Cevernor.nhose duty it 

all be to appoint 8058 8Uitabl8 peraon to serve ~19 oounty 

judge in his place, 

Very truly yours 

ATTORNhENERALOPTJW3 

APPROVEDSEp 4, 1940 

G-Q-oh4 

i'W3RNEY GENERAL OP TEXAS