_A - 

March 23, 1939 

Hon. Geo. VI. Cox 

State Realth Officer 

Austin, Texas 

Dear Sir: Opinion No. O-615 

Re: Effect of 1937 amendments 

to the Vital Statistics 

Len with particular referenoe to illegitimate birth. 

Your request for an opinion as to the effeot of the 1937 

amendment to the Vital Statistios Law has been received. 

In your letter dated Maroh 16, 1939.you request that we 

answer three questions, to witr 

"1. Are the records filed under the 1927 law 

subjeot to the restrioticns of the 1927 law, or relieved of such restrictions which were omitted in the 

1937 Amendment? 

"2. Should the State Registrar, in 1936 and 

subsequent years, attaoh to the original record the 

affidavit of the father ohanging the surname, etc., 

on the reoords filed prior to 19371 

"3. Should the Stats Registrar, in 1938 and 

subsequent years, issue a oertified copy of the birth 

reoord of an illegitimate child filed in violation of 

the legal provisions in force at the time when that 

record was filed?" 

The Vital Statistias Law, as oontained in the 1924 Vernon's 

Codification of the Revised Civil Statutes. was listed as Rule 34 to 

57 inclusive of A*iole 4477. In 1927 the First Called Session of the 

40th Legislature passed Senate Bill 46, nhioh purported to set up a 

Vital Statistics Law for the State of Texas, and by Section 24 of said 

Act the Legislature repealed Rules 34 to 67 inalusive of Artiole 4477 

of the Revised Civil Statutes of 1926, Senate Bill 46 did not purport 

to amend any existing law, but was a ocmplete law within itself, and 

did not depend upon any other statute or sat of statutes. Section 14 

of this Act related to birth certificates and the matter whioh they 

were to contain. 
Hon. Geo. W. Ccx, Marah 23, 1939, page 2 o-515 

In 1929 the First Called Session of the 41st Legislature 

passed Senate Bill 20, which amended Sections 3 4, 14 and 20 of 

Senate Bill 46, passed by the First Called Session of the 40th Legislature. The section of the 1929 Act which amended Section 14 of the 

1927 Actadded a new subsection to said Seoticn 14, designated as 

subsection 25, and relating to the birth records and certificates of 

illegitimate children. Evidently this subsection is the one you refer 

to in your letter. 

Senate Bill 46, Acts of the 40th Legislature. First Called 

Session, as amended by Senate Bill 20, Acts of the 41st Legislature, 

First Called Session. was codified in Vernon's Annotated Statutes as 

Rule 34a to 57a inclusive of Artiole 4477. Section ~14 of said Senate 

Bill 46. as amended by Senate Bill 20, Acts of the 41st Legislature, 

First Called Session, was referred to as Rule 47a. 

In 1937 the 45th Legislature passes House Bill 376, the 

title or caption of whiah roads as follcws: 

."&I Act amending Rule 47a of Article 4477 of 

Title 71, Revised Civil Statutes of the State of Texas, 

1925, by repealing subparagraphs 6 and '25 thereof3 and 

dealaring an omergenoy." 

You will note that the oaptioncf this Bill makes no referenoe to the 

original Act passed in 1927, nor to the 1929 anandatory Act, nor does 

it make any reference to the subjest matter aontained ins the Bill. 

Article 3, Seoticn 36 of the Constitution of Texas states that no Bill 

shall ocntain more than one subject, whioh subject shall be expressed 

in its title, and makes certain exceptionsnot pertinent to this 

opinion. The Supreme Court of this State has held that if articles 

amended are suffioiently identified by reference in the title of the 

amendatory Act, and the articles amended themselves indicate the purpose of the amendment, that the title of the amondatory Act is suffioient. Scottish-American Mortgage Ccnnpany v. Hardy 56 S. W. 169; 

Raymond Kibvo 95 S. W. 727. 

It is the opinion of (this deparhnent that House Bill 376 

passed by the 46th Legislature is invalid because it violates Section 

35 of Article 3 of the Texas Constitution, in that its subjeot is not 

expressed in the title or caption of the Bill. The only reference 

wade in then title of this Act is to an unofficial aodifioation whioh 

is not recognizad by the State of Texas, and is not a part of any official publication. 'lhe title of this A& refers tc subsections bf 

Article 4477, Revised Civil Statutes, 1926, which as a matter of fact 

do not exist in the 1926 codification. The attempted 1937 amendment 

is thereby rendered ambiguous and invalid. It follows that Senate 

Bill 46, passed by the First Called Session of the 40th Legislature 

as amended by Senate Bill 20, passed by the First Called Session of 

the 41st Legislature, is in full force and effect, including the 
km. Geo. W. Cox, ldaroh 23, 1939, page 3 o-515 

prcvisicns and restrictions with reference to the birth records and 

certificates of illegitimate children, and should be follclred by your 

department without reference to or limitation by l+cuse tiill 376, 

Acts of the 45th Legislature, which you refer to in your letter as 

the 1937 amendment. 

Yours very truly 

ATTORI\%Y GENIZAL OF TEXAS 

Sy s/koss Carlton 

Ross Carltcn 

Assistant 

RC!ob:we 

APPROVEC: 

S/W. F. Moore 

ATTORNEY GENERAL OF TEXAS