c. 

ORNEYGENEFCAL 

OFTEXAS 

Ron&able J, D. Looney 

Cou&y Auditor 

Borio County 

Boaton, Texas 

Dear Sir6 Opinion Boo. O-5748 

R.6 Should aopi.8 of birth and daath 

oa-tifieates filed dthth. aounty 

clark be filod ud properly iadoxod, 

or should they Ia filed, rooordod 

in full aad indexed? 

Your lottw of Juno 23, 194, requesting an s@~.%o~of this departmmt upon Cho ahow stated question has bean receiwd,, 

Vb quote from your l*ttsr as follarlr 

@lb am intsreatod in saving as muoh time and wpense 

a# possible in the operation of all offioes in this county 

and would like to have your opinion as to the oonrtruotion 

of the last paragraph of the remmtly mended law in regard 

to the record of birtha to be kept by ths County Clerk and 

as shown in 'Sec. 20, or Rule 53a, of Art. 4477, R.C.S. 

1936' of thir law. 

"The point in quartion ir whether or not tha oopio# of 

the rooordn filed with the County Clerk rhould 'be filed and 

properly indorsd or if they should be filed, aad reoordod in 

full, and indexed.“ 

Rule 538 of A;ticl. 4477, Vernon'8 Annotated Civil Statutes, roads 

in part a6 fOllmJ6 

I 

. . . And pnwidod furthor, that the Looal Regirtnr 

Jhall.SuhEit to thJ oamisaionws8 court or.tha wua'@' auditor, as the oa8o may be, a true.and l oourato oopy of eaoh 

'birth aad each death oetiifioato filed with him ad suoh 

aopioa *hall ba dspesitod in the county olorkPa offioo, and 

the county al&c #hall k paid for indexing and prssoting 

euoh reoords, suah oanpensation as may be decided upon by 

the oomndsrionwr' oourtO* 

Rule 51a of Arti 4477, Vernon's Aunotatod Civil StatabE, prov$dqa i66 pvt6 
Honorable J. D. Loomy, (O-3748), Page 2 

"That the Stat. tipartment of Health shall preparo, 

print.axd supply to all Registrars all blank* aad fo~a 

used 15 regimterilp, moording and pressrvlPg the returns. 

or in othemim .oarryiag out the purpossa of this Aot, aad 

oath city and iaoorpontod town shall print and supply itr 

looal registrar, and eaoh county shall print and 6Upply 

thm oounty clerk with permanent reoord books, ia form l p 

pmwd by the Stat. Registrar, for the moording of 111 

births and deatha ooourring withia their respective juri&- 

diotions, The Stat. Eegintrar ahall prepare and isarra auoh 

detailed in&.ruotiona a8 may be roquirod to proour. the uniform obrmrvanoo of its provisiona and tlm main+xanoe of a 

prfoat system of registz+oag and PO other forms shall be 

umd thaathore approved by the Stat. Department of Health." 

It will be notad that Rule 5la of Artialo 4477, supra, rpocifioally provides that eaoh oounty #hall print and supply the oaunty clerk 

dth pemamt reaord beokr, in forma approved by the State Eogiotmr, 

for the reaording of all births and death8 ooourrimg lithia their mspeotiw jurirdiotionrr Coarideri#g the ta previriolu of Artiole 4477, 

quoted abow, it 18 apprmt thit it am oontmplated w the Legislaturw 

that maah runty olork should file, indqx +nd rooord in full a copy of 

raoh birth and death oortifioate dopositod in his offioe by the oomiarioaers" oourfi in the parmaaeat rooord books,~in form appmwd by the 

State Wg$stxar, for the reoordlag of a11 births and deaths ooourriag 

within their respeotiw jurisdiotions. 

Trusting that the forogoiag fully answers your inquiry,, we are 

Yours wiy truly 

APPROVED JDL 9, 1941 

/&Tr;va;sne6w 

ATTORHSY GRMERAL 

&'/s/ A,+11 WUliam 

Ard.11 Rlli~~lls 

AssPrhnt 

Approve@ Opinion Camlttro 

* HUB Ch@nuaa