E Y GENERAL 

GWAID C. MANN AUSTIN ~I.TEXAS 

AlTORNEY GENE-I. 

Honorable W. A. Davis 

State Registrar 

State Board of Health 

Austin, Texas 

Dear Sir: Opinion NO. o-2672 

He: Whether special county judge 

elected by a bar may pass upon 

delayed registration of birth 

certificates. 

This will acknowledge receipt of your letter of August 

22, 1940, supplemented by yours of September 14, requesting the 

opinion of this department as to whether or not a special county 

judge elected by the members of the Webb County Bar in the 

sbsence from ths county of the regular oountg judge, may pass 

upon the delayed reglztratlon of blrth certlflcates as provldsd 

for In House Bill No. 614, Aats 1939, Forty-sixth Legislature, 

page 346. 

House Bill No. 614, supra, reads Ln part as follows: 

“lAnd provided further, that any citizen of 

the State of Texas wishing to fFle the record of 

any birth or death, not prevlouslg registered, 

may submit to the Probate Court in the county 

where the birth or death occurred, a record of 

that birth or death written on the adopted forms 

of birth and death certificates. The certlficate shall be substantiated by the affidavit of 

the medical attendant present at the time of the 

birth, or in case of death, the affidavit of the 

physician last in attendance upon the deceased, 

or the undertaker who buried the body. When the 

affidavit of the medical attendant or undertaker 

cannot be secured, the certificate shall be supported by the affidavit of some person who was 

acquainted with the facts surrounding the blrth 

or death, at the time the birth or death occurred, 

with a second affidavit of some person who is 

acquainted wlth the facts surrounding the djlrth 

or death, and who is not related to the Individual 

by blood or marriage. The Probate Court shall 

require such other information or evidence as may 

be deemed necessary to establish the cltlzenship 
Honorable W. A. Davis, page 2 o -2672 

of the individual filing the certificate, and the 

truthfulness of the statements made in that record. 

The Clerk of the said Court shall forward the certificate to the State Bureau of Vital Statistics 

with an order from the Court of the State Registrar 

that the record be, or be not, accepted. The State 

Registrar is authorized to accept the certificate 

when verified in the above manner, and shall issue 

certified copies of such records as provided for in 

Section 21 of this Act. Such certified copies shall 

be prima facie evidence in all Courts and places of 

the facts stated thereon. The State Bureau of Vital 

Statistics shall furnish the forms upon which such 

records are filed, and no other form shall be used 

for that purpose.'" 

Article 1934, Vernon's Annotated Civil Statutes, provides for the election of a special county judge in the absence 

of the regular county judge, and this article reads as follows: 

“If a county judge fails to appear at the 

time appointed for holding the court, or should 

he be absent during the term or unable or unwllllng to hold the court, a special county judge may 

be elected In like manner as is provided for the 

election of a special district judge. The special 

county judge so elected shall have all the authority 

of the county judge while in the trial and dlsposltion of any case pending in said court during the 

absence, inability, or such refusal of the county 

judge. Similar elections may be held at any time 

during the term, to supply the absence, failure 

or inability of the county judge, or any special 

judge, to perform the duties of the offlco. When 

a special county judge shall have been so elected, 

the clerk shall enter upon the mlnutes of the 

court. a record such as is provided for in like 

cases in a dlstrlct court.'" 

It will be noted that Article 1934 provides for the 

election of a special county judge in the absence of a regular 

county judge “In like manner as is provided for the election of 

a special dlstrlct judge". 

Articles 1887 through 1862, of Vernon's Annotated 

Civil Statutes, reads as follows: 

"Article 1887. Should the judge of a district court on the first or any future day of a 

term, fall or refuse to hold the court, the 
Honorable W. A. Davis, page 3 o-2672 

practicing lawyers of the court present may elect 

from among thelr number a special judge who shall 

hold the court and proceed with the business 

thereof .‘I 

“Article 1888. Such election shall be by 

bal .lot, and each practicing lawyer in attendance 

at such court shall be entitled to participate 

In such election and shall be entitled to one 

vote. A majority of the votes of the lawyers 

partlclpatlng shall be necessary to the election 

of such special judge.” 

“Article 1889. The election shall be conducted as follows: The sheriff or constable 

shall make proclamation at the court house door 

that the election of a special judge of the court 

is about to be made by the practicing lawyers 

present; the clerk shall then make a list of the 

practicing lawyers present; and such lawyers 

shall then organize and hold the election.” 

"Article 1890. Should the sheriff, constable, and clerk, or either of them, fall or refuse to act, the said practicing lawyers may 

nevertheless proceed to organize themselves into 

such electoral body, and appoint a sheriff and 

clerk pro tempore to do the duties of such 

officers respectively.” 

“Article 18%. The clerk shall enter upon 

the minutes of the court a record of the election 

of such special judge, showing: 

“1 . The names of all the practicing lawyers 

present and participating In such election. 

“2 . The fact that the public proclamation 

was made at the court house door that such election was about to take place. 

"3 . The number of ballots polled at such 

election and the number polled for each person, 

and the result of the election. 

"4 . That the oath prescribed by law has been 

duly administered to the special judge.” 

“Art lc le 1892 . The record of such proceedings, 
Honorable W. A. Davis, page 4 O-2672 

substantially complying with the requirements of 

the law, shall be conclusive evidence of the election and qualification of such special judge." 

We mst assume (In the absence of facts to the contrary) 

the the provisions of Article 3.934 and likewise, Articles 1887- 

1892, have been strictly followed, and also that the conditions 

therein stated glvlng rise to the appointment of a special county 

judge were present. 

This being true, a special county judge so elected has, 

in the language of the statute, "all the authority of a county 

judge in the trial and disposition of any case pending In said 

court during the absence. . . of the county judge”; and you are 

respectfully advised that in the opinion of this department such 

duly elected special county judge may entertain proceedings for 

the delayed reglstratlon of births as provided for In House Bill 

No. 614, Acts 1939, Forty-sixth Legislature. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

JDS :LM:wc 

By s/James D. Smullen 

James D. Smullen 

Asslstant 

APPROVm OCT 7, 1940 

s/Gerald C. Mann 

ATTORNEY.GENWAL OF TEXAS 

Approved OpMion Committee by s/BWB Chairman