;-. . 

OFFICE OF THE 

Honorable II. A. Hodges 

County Auditor 

WIlliamson County 

Georgetown, Texas 

Dear Sir: 

ATTORNEY GENERAL OF TEXAS 

AUSTIN , / 

cent date reque 

above stated an 

as follows: 

of your letter of redepartment upon the 

quote from your letter 

ed to you for an opinand several of the Rules 

K. Doak of Taylor, Texas, 

r of Births and Deaths by 

ealth and approved by the 

the City Clerk of 

s Registrar. The 

ty with Ei'populathrough June, 

his bill each 

amount due him 

1135 births and deaths 

ime he registered 

for a total consideration of 

$566.50. Dr. Doak has submitted to the Commissiohers 

Court of Williamson County a bill for $566.50, under 

date of August 26, 1943, and a certified copy from 

Dr. W. A. Davis, State Registrar of Vital Statistics, 

certifying the number of births and deaths for each 

month from June, 1941, through June, 1943. This Is 
Honorable ,H. A. Hodges, page 22 

the first demand made by Dr. Doak for the payment 

of these Birth and Death Certificates over the period 

from June 17, 1941, through June, 1943. 

"Dr. Doak, at the end of ea,ch month, from June, 

1941,~through June, 1943, submitted his bill to the 

City of T@lor and this bill was paid promptly by the 

City of Taylor. 

"The city of Taylor does not have any ordinance 

providing for the Clerk or Secretary for the City of 

Ta lor to perform the duties of Registrar. In June, 

19 f 1, the City Clerk of Taylor reflsed to act as 

local Registrar a,nd the State Board of Health, with 

the approval of the Mayor, appointed Dr. ,Doak as the 

1 Local Registrar. 

"Dr. Doak has been paid by the City in full and 

is now requesting the County to pay him for the same 

Certificates for which the City has already paid him. 

It is the understanding between Dr. Doak a.nd the City 

of Taylor that If the County pays Dr. Doak the $566.50 

he will endorse the check to the City and the money 

will be deposited to the credit of the City of Taylor. It is further to be observed that Dr. Doak in 

performing the duties of Local Registrar has each month, 

from June 17, 1941, through June, 1943, send a copy 

of the Birth or Death Certificates to the County Clerk 

for recording as provided by 1a.w. 

“The two questions which I would like for YOU to 

answer are: 

"'Is Williamson County, under the above statement 

of facts, liable to Dr. E. K. Doak the Local Registrar, duly.appointed by the City of Taylor~, for Birth 

and Death Certificates, prepared by him and forwarded 

to the County Clerk of Williamson County from June 17, 

1941, through June, 19431' 

"Under the above statement Of facts, is Wllllamson County liable to the City of Taylor for the Certlficates which the City of Taylor paid Dr. Doak for recording during the period from June 17, 1941, through 

June, 1943?~" 
Honorable H. A. Hodges, page 3 

Rule 53a of Article 4477, Vernon’s Texas Civil Statutes, provides as follows: 

“That each Local Registrar shall be,paid the sum 

of Fifty (50) Cents for each birth and death certificate properly and completely made out a.nd registered.wlth him, and correctly recorded and promptly returned by him to the State Bureau of Vital Statistics, 

as required by this Act, unless such Local Registrar shall be acting as Registrar of Birth and Deaths 

in an incorporated city where the compensation of 

the RegSstrar is otherwise fixed by city ordinance. 

“The State Registrar shall annually certify to 

the, County Commissioners Court orCounty Auditor, as 

the case may be, the number of birth and death certi- 

: ficates filed by each Local Registrar at the rate 

fixed,herein, and provided that the State Registrar 

’ may renders such statements monthly or quarterly, at 

the discretion of the State Board .of Health, and the 

Commissioners Court or County Auditor, as the case 

may be, shall audit such statements and the County 

’ Treasurer shall peg such fees as are approved by the 

Commissioners Court or the County Auditor, at the 

time such statement Is issued. 

“And provided further, thatthe Justice of the 

Peace, City Clerk or Secretary, and the appointed 

Local Registrar shall submit to the Commissioners 

Court or County Auditor, as the case may be, a true 

s.nd accurate copy of each birth and death certificate 

filed with him, and such copies shall bear his, file 

date and signature and shall be deposited in the 

County Clerk% office. The County Clerk shall be 

paid for indexing and preserving such records, such 

compensation as may be agreed upon by the Commlssloners Court.” 

This department in Opinion Ros. O-3874 and O-4583, 

copies of which are’enclosed herewith for your convenience, rendered~ its opinion as to the’proper construction t0 be placed UPon the above quoted rule of Article 4477, supra. As pointed out 

in these enclosed opinions the county, In the absence of a city 
Honorable H. A. Hodges, page 4 

ordinance providing for compensation of these local registrars, 

was the political subdivision liable for payment of the prescribed fees of such registrars. 

The city of Taylor accordign to the information furnished us had not passed an ordinance providing for compensation of Its local registra.r. Therefore, from June, 1941, to 

June, 1943, the local registrar could not have legally demanded 

payment of his fees from the City of Taslor and upon such a 

presentation of his claim the city could have rightfully turned 

itdown. The registrar could have, however, by performing his 

duties in accordance to the a~ppropriate provisions of Article 

4477, supra, lawfully demanded payment of his claim for fees 

from Williamson County, since the county was actually Indebted 

for the performance of these services. The query then arises 

whether or not the fact the City oft Taylor did pay for the rendition of these services by the local registrar seemingly out of 

its own volition alters the situation in any wa.y. 

The Texas courts have held that pa.yment of an obligation by a third party, although without the debtor's request, 

if accepted as such by the creditor, discharges the obligation 

so far as the creditor Is concerned. Holland v. De Walt, 223 

3. W. 217, writ of error dismissed; General Banking and Casualty Ins. Co. v. Moseley, 174 S. W. 1031, reversed on other 

grounds, 110 Tex. 529, 222 S. W. 961. According to the facts 

furnished us, It cannot be tenably contended thatthe local 

registrar did not accept the fees from the City of Taylor in 

full and complete payment for the services he rendered in that 

capacity. The registrar cou,ld not now present hisclaim to 

Williamson County and contend It was due and unpaid when In 

fact he had been fully compensated therefor. Thus, so far as 

Williamson County and the local registrar are concerned, any 

obligation existing between them has been extinguished and completely discharged. 

We further do not believe the City of Taylor has any 

claim against Williamson County for paying these fees. As 

pointed out, the citY could by ordinance be liable for these 

fees. The only claim the city could have would be by subrogation; that is, claim any rights the registrar ma,y have had 

against the county. It is well settled that the doctrine of 

subrogation may not be Invoked by a mere volunteer who has paid 

an obligation of another without a legal obligation to do SO 
.-. . 

’ . 

Honorable H. A. Hodges, page 5 

and an absence of compulsion or to protect an existing right. 

Houston v. Shear, 210 3. W. 976, 'writ of error dismissed; First 

National Bank and Trust Co. v. Vordeman, 188 3. w. 695, affirmed 221 S. W. 685; Federal Reserve Bank of Dallas v. Smylie, 

134 S. W. (26) 838. The City of Ta,ylor voluntarily paid the 

local registrar without a legal obligation to do so, was not 

forced to do so by compulsion, nor to protect any existing right. 

In other words, the city vo)untarll~ paid the registrar in the 

true sense that the word 1s used. 

It is therefore the opinion of this department that 

Williamson County is not liable to the local registrar or the 

City of Tagldr for re 

& 

lstratlon fees accruing between June 17, 

1941, and June 30, 19 3, but will be liable to the local registrar for fees accruing after June 30, 1943. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

ROK:db 

BY 

Robert'?%% . 

Assistant 

Enclosures 

APPROVED OCT. 5, 1943 

/s/ Grover Sellers 

FIRST ASSISTANT 

ATTORNEY GENEiRAL 

APPROVED 

OPINION COMMITTEE 

By /s/ B. W. B., Chairman