Untitled Texas Attorney General Opinion ( 1952 )

January 28, 1952
Hon. R. V. Rayford Opinion No. V-1396
County Auditor
Rusk County Re: Authority of the County
Henderson, Texas Clerk to issue a certified
copy of the record of an il-
legitimate birth to the per-
son whose birth is so ra-
corded or to that person’s
Dear Mr. Rayford: mother without a court order.
Your request for an opinion contains the following ques-
tions :
1. May a county clerk issue a certified copy of the record
of an illegitimate birth to the person whose birth is so recorded,
without a court order?
2. May the county clerk issue a certified copy of the
record of an illegitimate birth to the mother of the person whose
birth is so recorded, without a court order?
This office held, in Attorney General’s Opinion O-1386
(1939):
*It is our opinion that the county clerk has the
authority under Article 3930, R.C.S. 1925. to issue
certified copies of vital statistics records on file in
his office, including the authority to issue certified
copies of delayed births and death certificates and
that the provisions of Rule 34-a to 55-a, Art. 4477,
V.A.C.S., do not in any way limit or abrogate this
authority. *
Prior to its amendment by the 49th Legislature, Article
4477, V.C.S., Rule 47-a, Sec. 25, provided in part:
Y. . . Neither the State registrar nor local regis-
trar shall issue a certified copy of a birth or death
Hon. R. V. Rayford, page 2 (V-1396)
certificate wherein a child or an adult is stated to
be illegitimateP unless such certified copy is ordered
by a court of competent jurisdiction.”
Section 25, Rule 47-a, Art. 4477, V.C.S., was amended
by House Bill 415, Acts 49th Leg., R.S. 1945, ch. 354, p. 618,
which provided in part:
”. . . Neither the State registrar nor any local
registrar shall issue a certifi~ed copy of any birth or
death certificate wherein a child or an adult is stated
to be illegitimate, unless such certified copy is or-
dered by the county court in the county in which said
child was born or died, or by a court of competent
jurisdiction, or by said illegitimate person or by the
guardian or legal representative thereof.”
The title to House Bill 415 states:
‘An Act to amend Section 3 of Chapter 4, Acts of
the First Called Session, Forty-first Legislature,l929, .-
(subdivision 25 of Rule 47a of Article 4477, Vernon’s
Annotated Civil Statutes) so as to give a Court of com-
petent jurisdiction any the county court in the county
where the birth or death occurred authority to order
the County Clerk and the State Registrar to issue a
certified copy of any birth or death certificate where-
in a child or adult is stated to be illegitimate, and
authorizing the County Clerk to deliver, at the request
of said illegitimate person or of their guardian or legal
representative, a certified copy of such certificate; and
declaring an emergency. *
This office held in Attorney General’s Opinion O-6751
(1945) that House Bill 415 was defective insofar as same by its
title attempts to give the county clerk authority under circumstances
therein set out, to issue such birth or death certificates, for the rea-
son that no mention of the county clerk is made in the body of the
Bill. This office further held that it was unnecessary that any au-
thority be given the county clerk to issue certified copies of any re-
cords contained in his office, the county clerk having had such au-
thority under general law since the cremation of his office. Therefore,
Hon. R. V. Rayford, page 3 (V-1396)
House Bill 415 did not confer power on the county clerk to is-
sue certified copies of the records contained in his office nor
did it restrict him in any way from doing so.
The 52nd Legislature amended sub-division 25 of Rule
47-a of Article 4477, V.C.S., by the enactment of House Bill
244. (H.B. 244, Acts 52nd Leg., R.S. 1951, ch. 223, p. 355.)
House Bill 244 provides in part:
“An Act to amend Sections 14 and 18 of Senate
Bill No. 46, Chapter 41, page 116, Acts of the Forti-
eth Legislature, First Called Session, as amended
by Acts 1929, Forty-first Legislature, First Called
Session, page 7, Chapter 4, Section 3; Acts 1935,
Forty-fourth Legislature, page 441, Chapter 179,
Section 1; Acts 1937, Forty-fifth Legislature, page
1289, Chapter 480, Section I’: Acts 1939, Forty-
sixth Legislature, page 346, Sections 1 and 2, Acts
1941, Forty-seventh Legislature, page 850, Chap-
ter 525, Section 1; Acts 1941, Forty-seventh Leg-
islature, page 933, Chapter 564, Section 1; Acts
1943, Forty-eighth Legislature, page 112, Chapter
83, Section 1; Acts 1945, Forty-ninth Legislature,
page 618, Chapter 354, Section 1; so as to provide
for a standard certificate of birth; the filing of a
supplementary birth certificate based on legitima-
tion, paternity determination, and adoption; require-
ments for delayed registration of births and deaths;
a penalty for the making of a false affidavit in sup-
port of a delayed registration of a birth or death; re-
pealing provision requiring that itemized lists of
certified copies issued by the county clerks be for-
warded monthly to the State Bureau of Vital Statistics;
repealing provision as to content of birth certificates;
and declaring an emergency.
“Be it enacted by the Legislature of the State of
Texas; . . . Section 14 . . . Neither the State regis-
trar, county clerk, or any local registrar shall issue
a certified copy of any birth or death certificate for
any child or death certificate for any child or an
adult stated to be illegitimate, unless such certified
Hon. R. V. Rayford, page 4 (V-1396)
copy is ordered issued by the county court of the
county in which said child was born or died, or by
a court of competent jurisdiction, or by said illegiti-
mate person or the guardian or legal representative
thereof. * [Emphasis added.]
An amendment to a statute must be limited to the purpose
or subject stated in its title or caption, and as to any subject or
matter included in the body but not mentioned in the caption, the
amendment is void. Art. III, Sec. 35, Const. of Texas; Arnold v.
Leonard, 114 Tex. 535, 273 S.,W. 799 (1925). Under the above au-
thority, it is our opinion that House Bill 244 is invalid and uncon-
stitutional as to that portion which is not stated in its title. There-
fore, House Bill 244 does not restrict the power of a county clerk
to issue certified copies of the rec,ords contained in his office.
We agree with you that the county clerk may issue certified copies
of the record of an illegitimate birth to the illegitimate person or
to that person’s mother’withbut a court order.
SUMMARY
A county clerk may issue certified c~opies of
the record of an illegitimate birth to the child or the
mother without being ordered to do so by a court of
competent jurisdiction. Art. 3930, V.C.S.
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DANIEL
Countv, Affairs Division Attornev General
E. Jacobson
Reviewing Assistant
Charles D. Mathews
First Assistant
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