ER ORNEY GENERAL 

OFTEXAS 

Honorable Karl Cayton 

County Attorney 

Dawson County 

Lamesa, Texas 

Dear Sir: 

opinion No. o-3946 

Re: Does the justice of the 

peace still remain local 

registrar in his precinct 

even when the precinct 

incorporates a city of 

more than 2,500 population, 

and a related question9 

Your request for an opinion of this Department on the 

questions stated herein has been received. 

We quote from your letter as follows: 

"I would like an interpretation of House Bill 

No. 821, Section Three, which provides for a Primary 

Registration District and provides that the Justice 

of the Peace shall be the Local Registrar, and in 

cities of 2,500 the City Clerk or Secretary shall 

be the local Registrar of Births and Deaths. 

"Question: Does the Justice of the Peace still 

remain local registrar in his precinct even when that 

precinct incorporates a city of more than 2,500 population? Should he continue to register all births and 

deaths in his entire precinct, regardless of whether 

or not such births or deaths occur in a city of more 

than 2,500 population?" 

Rule 36a of Article 4477, Vernon's Annotated Civil Statutes, before being amended by House Bill No. 821, Acts, 47th Legislature, 1941, Regular Session, read as follows: 

"For the purposes of this Act the State shall be 

divided into Primary Registration Districts, as follows: 
Honorable Karl Cayton, page 2 (O-3946) 

"Each Justice of the Peace Precinct and each incorporated town of 2,500 or more population, according to 

the United States Census, shall constitute a Primary 

Registration District, p rovided the State Board of Health 

may combine two or more Registration Districts, or may 

divide a Primary Registration District 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 accordance with a City Ordinance not in conflict 

with this Act, the City Clerk shall be 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 secure a complete record of each 

birth and death that occurs within their respective 

jurisdictions, and is required by this Act." 

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 shall be 

divided into Primary Registration Districts as follows: 

peach Justice of the Peace Precinct and each incorporated 

town of two thousand, five hundred (2,500) or more population, according to the last United States Census, shall 

constitute a Primary Registration District, provided 

the State Board of Health may combine two or more Registration Districts, or may divide a 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 shall be 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 shall be 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 secure a complete record of each birth and death that occurs within 

their respective jurisdictions, and have same recorded 

in the County Clerk's office in their respective counties 

on or before the tenth of the following month." 

In the absence of any statement or facts to the contrary, 

for the purposes of this opinion, we assume that the State Board of 

Health has not combined the primary registration districts under 

consideration. This being true, we think the above quoted provisions *of House Bill No. 821 specifically answer your questions. 

It will be noted that each justice of the peace precinct and each 

incorporated town containing a population of 2500 inhabitants, or 

more, zaccording to the last United States census, constitute a primary registration district. It is further specifically provided 

that 13 the justice of the peace precinct, the justice of the peace 

shalloe the local registrar, and in incorporated towns or cities 

containing 2,500 inhabitants or more, according to the last United 

States census report, the city clerk or city secretary shall be 

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 occurs within 

his respective jurisdiction, and a like requirement is imposed upon 

the city clerk or city secretary in an incorporated city or town 

containing 2,500 inhabitants or more, according to the last United 

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 following month a complete record of each 

birth <and death that occurs within their respective jurisdictions. 

Therefore, it is the opinion of this Department that in 

justice of the peace precints which incorporate or include an incorpor:sted town or city containing a 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 occurring within 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 incorporated town or city, and it 

is his duty to secure a complete record of each birth and death 

that occurs within his respective jurisdiction, that is within the 

limits of the incorporated town or city, and have the same recorded 

in the county clerk's office in his respective county on or before 

the te,nth of the following month. In other words, the justice of 

the pe,sce is not the local registrar in an incorporated town or 

city within his precinct when such town or city contains a population of 2,500 or more inhabitants according 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