yOFFICEOFTHEAlTORNEY GENERALOFTEXAS

AUSTIN

Xonorabls k'. A. Gay18 State Registrar State Boa& of HeaN& Austin, TexasEonorable 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, maysubmit 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. Th8csrt~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 whoburied the body. whenthe affidavit OSthe medioal attendant or undertaker cmnnot be secured, the certificate shall be supported by the affidavit of sosmperson whowaaaoquainted with the facts aurroun(lln~: the birth or death, et the time the birth or death oaourred, with crseoond afflcIatlt of sow, person whois acquainted with the taots surrounblng the birth or death, andwhoIs not rel.eted to the indlvUua1 by blood or msrrlage, The Frobate Court shall require auoh other lnformation or evidence anmaybe doemednecessary to establish the citieenship of the lndlvidual filing the oertlficate, end the truthfulness of the statements maasin thet record. TheClerk OSthe 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 whenverified 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, andno other form shell be used for that purpose.‘”Note that the Probate Court I# required to pass the facts surrounding the birth or death andmayree additional evld~enoa it neoessary.ho~orab1e W. A. Mvie, Page 3

:;rticle la, Revlsed Civil Statutes, 1925, reads ASi‘O.llovY:

Vo judge or justice 0:' the peaoe shall sit in any ease wherein hemaybe interested OPwhere either of the parties my bo oonnected with himby affinity or oonsan&nity within the third degree, or where he shall have b88n couueel 

### inthe 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 whowish to prove the reoords of their birth; he 15 also tnterestml in the registration of his ownbirth oertiffaate. Undoubtedly he is disquallfled to preside over these probate prOo88dinga.

Article 1932 vernon*a Annotated Civil Statutes, a6amended, -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 someperem to aot ASspecial judge in said oa88, who
ShA1.L A& fXOJIlt8Wi t0 teKXWitil auoh dls~ualiffcatlon ceases to exist. A special. judge so appointed shall receive the samecompensation 8s Lanowor may hareafter be provided by law for regular judges in similar cases, andths Cozm.isaioners' Sourt shall, at beginning of eaoh fisoal year, include In the hdpt of the county, a sufTloient 9~13. for the payAmmtof the speaial judge or judges appointed by the Governor to act for the re&ar oounty judge, .Aeawn&x? Acts 1939, 46th L8p,., p. 187, 8 1~" Consequently, it is'the opinion of this department andyou are reapeotfully advised that the County Sudgs of

## 328

fionorablm W. A. Darie, Page 4

Jaok County whod8SireS **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 ~19oounty judge in his place,
Very truly yours ATTORNhENERALOPTJW3

APPROVEDSEp

4, 1940 

# G-Q-oh4 i'W3RNEY

GENERAL

OPTEXAS