ER ORNEY 

## GENERAL
OFTEXAS

Honorable Karl Cayton CountyAttorney Dawson County Lamesa, Texas
Dear Sir: opinionNo. o-3946 Re: Does the justice of the peace still remain local registrar in his precinct even when the precinct incorporatesa city of

more than 2,500 population, and a related question9
Your request for an opinion of this Department on the questions statedherein has been received.

We quote from your letter as follows:
"I would like an interpretationof House Bill No. 821, SectionThree, which provides for a Primary Registration District and provides that the Justice of the Peace shallbe the Local Registrar, and in cities of 2,500 the City Clerk or Secretary shall be the localRegistrar of Births and Deaths. "Question: Does the Justice of the Peace still remain local registrar in his precinct even when that precinct incorporatesa city of more than 2,500population? Should he continue to register all births and deaths in his entire precinct, regardless of whether or not suchbirths or deaths occur in a city of more than 2,500 population?" Rule 36a of Article 4477, Vernon'sAnnotated Civil Statutes, before being amendedby House Bill No. 821, Acts, 47th Legislature, 1941, Regular Session, read as follows:

"For the purposes of this Act the State shallbe divided into Primary RegistrationDistricts, as follows:Honorable Karl Cayton, page 2 (O-3946)

"EachJustice of the Peace Precinct and each incorporated town of 2,500 or more population,according to the United States Census, shall constitutea Primary Registration District,provided the State Board of Health may combine two or more Registration Districts, or may divide a Primary RegistrationDistrict into two or more parts, so as to facilitate registrations,and in cities of 2,500 or more, according to the last United States Census Report, where births and deaths are registered in accordancewith a City Ordinancenot in conflict with this Act, the City Clerk shallbe the Local Registrar of Births and Deaths.
"It is hereby declared to be the duty of the Justice of the Peace in the Justice of the Peace Precinct, and the City Clerk or City Secretary in the city of 2,500 or more population to securea complete record of each birth and death that occurswithin their respective jurisdictions,and is requiredby thisAct."
House Bill No. 821, supra,provides in part as follows: "That Section 3 of Senate Bill No. 46, Chapter 41, page 1.16, Acts of the Fortieth Legislature,First Called Session, as amended by Senate Bill No. 20, Chapter 4, page 7, Acts of the Forty-first Legislature,First Called Session,be amended so as to hereafter read as follows:
"Sec. 3.
"For the purposes of this Act the State shallbe divided into Primary RegistrationDistricts as follows: peachJustice of the Peace Precinct and each incorporated town of two thousand, five hundred (2,500) or more population, according to the lastUnited States Census, shall constitutea Primary Registration District,provided the State Board of Health may combine two or more Registration Districts, or may dividea Primary Registration District into two or more parts, so as to facilitate registration,and in the Justice of the Peace Precinct, the Justice of the Peace shallbe Local Registrar, and in cities of two thousand, five hundred (2,500)or more, according to the last United States Census reports, the City Clerk or City Secretary shallbe the local Registrar of Births and Deaths.
"It is hereby declared to be the duty of the Justice of the Peace in the Justice of the Peace Precinct, and the City Clerk or City Secretary in the city of two thousand,Honora.ble Karl Cayton,page 3 (O-3946)

five hundred (2,500) or more population, to securea complete record of each birth and death that occurswithin their respective jurisdictions,and have same recorded in the County Clerk's office in their respective counties on or before the tenth of the followingmonth."
In the absence of any statementor facts to the contrary, for the purposes of this opinion,we assume that the State Board of Health has not combinedthe primary registrationdistrictsunder consideration. This being true, we think the above quotedprovisions *of

House Bill No. 821 specificallyanswer your questions. It will be noted that each justice of the peace precinct and each incorporatedtown containinga population of 2500 inhabitants,or more, zaccording

to the lastUnited States census, constitutea primary registrationdistrict. It is further specificallyprovided that 13 the justice of the peace precinct, the justice of the peace shalloe the local registrar,and in incorporatedtowns or cities containing 2,500 inhabitantsor more, according to the lastUnited States census report, the city clerk or city secretary shallbe the local registrar of births and deaths. The justice of the peace, acting as local registrar of births and deaths is required to secure a complete record of each birth and death that occurswithin his respective jurisdiction,and a like requirement is imposedupon the city clerk or city secretary in an incorporatedcity or town containing2,500 inhabitantsor more, according to the lastUnited States census,and each local registrar is required to have recorded in the county clerk's office in their respective counties on or before t~he

tenth of the followingmonth a complete record of each birth <anddeath that occurswithin their respective jurisdictions.

Therefore, it is the opinion of this Departmentthat in justice of the peace precintswhich incorporateor includean incorpor:sted

town or city containinga population of 2,500 inhabitants or more, according to the last United States census, the justice of the peace is the local registrar of births and deaths occurringwithin his precinct outside of the limits of the incorporated town or city. And that the city clerk or city secretary is the local registrar in the said incorporatedtown or city, and it is his duty to securea completerecord of each birth and death that occurswithin his respective jurisdiction,that is within the limits of the incorporatedtown or city, and have the same recorded in the county clerk's office in his respective county on or before the te,nthof the followingmonth. In otherwords, the justice of the pe,sceis not the local registrar in an incorporatedtown or city within his precinctwhen such town or city containsa population of 2,500 or more inhabitantsaccording to the last United States census../-.

Honorable Karl Cayton,page 4 (O-3946)

Trusting that the foregoing fully answers your inquiry, we are
Yours very truly
APPROVED SF2 19, 1941 /S/ Grover Sellers
FIRST ASSISTANT ATTORNEY GENERAL
AW:AMM:LM ATTORNEY GFXZRALOFTEXAS

By /s/Ardell Williams

Ardell Williams Assistant

APPROVED OPINION COMMITTEE
BY /s/ BWB CHAIRMAN