Hon. George W. Cox, M-D. Opinion No. V-1290 

State Health Officer ' 

Department of Realth 

Austin, Texas 

Re: Fee for. recording 

vital statistics 

in cities which by 

ordinance require 

recordation with a 

city registrar. 

. 

Dears Dr. Cox: 

Your request 

following question: 

for an opinion presents the 

"Under the provisions of Rule 53a, 

Art.4477, R.C.S., as amended, is the 

county liable for the payment of the 50 

cent fee for the registration of each 

certificate of birth, death, and stillbirth occurring in a city not required 

by Rule 55a to file copies of such records in the office of the county clerk?" 

Rule 36a of Article 4477, V.C.S., as 

amended by House Bill 243, Acts 52nd Deg., R.S. 

1951, ch. 87, p. 145, is as follows: 

"For the.purposes of this Act the 

State,shall be divided into prima;;cegistration districts as fol.lows: 

justice of the peace precinct and each 

incorporated town of two thousand, five 

hundred (2,503) or more populatlon, eccording to the last United States CenSUS) shall constitute a primary registration district, provided the State 

Board of Health may combine two (2) or 

more registration districts, or may 

divide a 

into two P 

rimary registration district 

2) or more parts, sodas to 

facilitate registration, and in the 

justice of the peace precinct, the justice of the peace shal.l. be local registrar, and in cities of two thousand, 

five hundred (2,500) or more, according 

to the last IJnlted States Census, the 
Hon. George If. Cox, M.D., page 2 (V-1290) 

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 

tit of two thousand, five hundred (2,- 

500 T or more population to secure a 

complete record of each birth, death, 

and stillbirth that occurs within their 

respective jurisdictions." 

Rule 53a of Article 4477, as amended by 

House Bill 243, supra, provides: 

"That each local registrar shall 

be paid the sum of Fifty Cents (50$) 

for each birth, death and stillbirth 

certificate properly and completely 

made out and registered with 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 in an incorporated 

city where the compensation of the reg- 

~;f.~,is otherwise fixed by city or- 

. 

"The State Registrar shall annually 

certify to the county commissioners court 

or county auditor, as the case may be, the 

number of birth, death and stillbirth certificates filed by each local registrar at 

the rate fixed herein, and provided that 

the State Ragistrar may render such statements monthly or quarterly, at the discretion of the State Board of Health, andthe commissioners court or county auditor, 

as the case may be, shall audit such staEement and the county treasurer shall p Y 

such fees as sre approved by the cozssioners court or the county auditor, at 

the time such statement is issued. 

"And provided further, that the justice of the peace, city clerk cr secre- 

-, 

--. 
Hon. George W. Cox, M.D., page 3 (V-1290) 

tary, and the appointed local registrar 

shall submit to the commissioners court 

or county auditor, as the case may be; 

a true and accurate copy of each birth, 

death, and stillbirth certificate filed 

with him, and such copies shall bear his 

file date and signature and shall be 

deposited in the county clerk's office, 

provided. however. that this provision 

shall not apply to cities having an ordinance requiring that true and accurate copies of each birth, death, and 

stillbirth certificate be permanently 

filed in the office of the city registrar. The county clerk shall be paid 

for indexing and preserving such records, such compensation as may be apl 

reed upon by the commissioners' court." 

Emphasis added throughout) 

The change effected in Rule 36a by House 

Bill 243 was that the words "and have same recorded 

in the County Clerk's office in their respective 

cities on or before the tenth of the following 

month" were deleted. As +o Rule 53a, the following 

words were added by the snwndment: provided, how- ,," 

ever, that this provlsic. shall not apply to cities 

having an ordinance requiring that true and correct 

copies of each birth, death and stillbirth certifi- 

~cate be permanentl.y filed in the office of the city 

registrar. 

Prior to this amendment, it was well settled that the county paid the fifty-cent fee to 

city clerks or registrars unless the city provided 

special recompense for this added duty. 

Taylor v. Hodges, I.43 Tex. 441, 186 S.W. c=b+L945) 2d ; 

Attlg Gen. Ops. o-2308 (1940), O-3874 (1941), and O4583 (1942). 

Rule 53a, as amended, has two principal 

provisions; The first provision sets the recording 

fee and provides the methodftr payment, and the second provision requires the certificates to be deposited with the county clerk and provides the method 

for paying him. 

The proviso in question, " . . . provided, 

however, that this provision shall not apply ~to cities 

having an ordinance requiring that true and accurate 
Hon. George W. Cox, M.D., page 4 (V-1290) 

copies of each birth, death, and stillbirth certificate be permanently filed in the office of the 

city registrar. . . .", is in the middle of the 

paragraph~~dealing exclusively with the latter requirement. "Therefore, *this 

is singular. and in the i 

orovlsion*, since it 

t&dale of the naraaraoh 

deali@ with the method and' place of filing records can only be construed as applying to the manner and place of registration, and not to the fee 

ormanner of its payment, which Is a prior provision. In Stevens v. Haile, 162 S.W. 1025, 1028 

~(Tex. , Civ. ADD. 19141. the word "this' was defined 

"a demonstrative adjective 

%th particularity a person o$ 

used to point out 

thing present in 

place or thought. The thing present in thought 

is the manner and place of registration. 

,That the Legislature intended to repeal 

only the duplicate recording provision by the provision in quesbion is also evidenced by the capiion, the only,'pertinent party being as follows, 

repealing provisions.requiring duplicate 

rec&ing of'births, deaths,~ and stillbirths at the 

local level L . ." This is a narrow and restrictive title, and if the body of the act were construed as repealing the fee provisions for cities 

with local registration ordinances, so much of the 

body of the act ~a$ provides for the repeal of fees 

would be Fn,;violatlon of Article III, Section 35; 

of the Texa&'Constltution 'and therefore~invalid. 

Arnold v. Leonard, 114 Tex. 535, 273 S.W.~i'gg (1925); 

Gulf~Insurance Co. v. James, 143 Tex. 424, 185 S. W: 

-p. . V-1253 (1951). However 

we do not conitrue &eetody of the Act as an attempt' 

to repea~l the fee provisions, but merely a repeal of 

the duplicate recording provision. 

SUMMARY 

A county is liable for the payment 

of the fifty cent fee for the registration of each certificate of birth, death, 

or stillbirth occurring in a city not 

required to file copies of such records 

in the office of the County Clerk, unless 

specific compensation has been provided 

by city ordinance for the local registrar 
Hon. George W. Cox, M.D., page 5 (V-1290) 

for rendering such services. Rules 

%a and 53a, Article 4477, V.C.S.; 

City of Taylor v. Hodges, 143 Tcx. 

41, lt-% s . " . - go 61 11 9%) - 

APPROVED: Yours very truly, 

J. C. Davis, Jr. PRICE DANIEL 

County Affairs Division Attorney General 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Everett Hutchinson 

Executive Assistant 

BW:t:awo 

Burnell Wal.drep 

Assistant 

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