Untitled Texas Attorney General Opinion

Hon. 080. U. Cox, M. D. opinion no. v-589 State Health Officer Department of Health Be: The necessity for the Auetin, Texas State Regletrar OS. Vital Statistics to Attn.: Hon. W. D. Carroll collect the statutory Pee 0r fifty cents for certified copies of birth and death certi- ficates requested ior official use by a State Agency. Dear Sir: Your letter and requeet for an opinion dated Mey 4, 1948, 18 a8 foixow~: “Rules 51s and 548 of Article 4477, R.C.S. include the statutory provisiona governing the issuance of certified copies of birth and death records by the State Registrar of Vital Statistics. “We have pending at this time a re- quest made by another state department for a certified copy of’a death certifi- Gate. “Is the State Registrar required to collect the statutory fee of fifty cents for a certified copy when such copy is requested bg an agency of the state ~OV- ernment and is for an official use other than those exceptions to the fee mention- ed in Rule .%a? Rule 5&a of Article 4477, V. C. S., provides, in part, a0 followar ‘That the State Registrar shall, up- on request, supply to any properly quali- fied applicant a certified copy of the Hon. Geo. W. Cox, R. D., page 2 (V-589) record of s.nybirth or death registered under provisions of this Act, for the mak- inn and certification of which he shall be entitled to a See of Sifts cents (50k). to be aaid by the awwlicant . . . and provid- ed further, that the State Reaistrar shall, upon request of any parent or-guardian, - aupply, without fee, a certificate limit- ed to a statement as to the date of birth of any child when the same shall be nec- essary for admission to school, or for the purpose of securing employment; and pro- vided further, that the United States Cen- sus Bureau may obtain, vlthout expense to the State, transcripts or certified copies of birth and deaths without payment,of the fees herein prescribed; . . . and pro- vided that the State Registrar shall issue free of cost to any veteran, his widow, orphan, or other descendants a photosta- tic copy of any record not otherwise pro- hibited by law when~ such record is to be used in the settlement of a claim against the Government; and provided that the State Regimtrar may issue, upon court or- der, without fee, a certified copy of the birth certificate in cases relating $0 child labor, and the public schoola. (Underscoring ours throughout) The pertinent parts of Rule 51a, Art. 4477, v. c. so, provide as follows: 8, . Within seven (7) days after the (b&h) certificate has been accept- ed and ordered filed by the probate court, the clerk of that co~urtshall forward the certificate to the State Bureau of Vital Statistics with an order from the court to the State Registrar that the certifi- cate be accepted. The State Registrar Is authorized to accept the certificate when verified in the above manner and shall ia- sue certified copies of such records as provided for in Section 21 (Rule 54a OS Art. 4477, V. C. 3.) of this Act. Certi- fied copies of said birth or death certi- ficate shall be issued by either the coun- ty clerk or the State Reaistrar and fee . . Hon. ffeo.W, Cux, W. D.,,page 3 (V-589) Rule 5)caclea*ly &t&tea:t+u%t ‘the State Regin- trar 4~11 %~.ss~~e’b Pi&h’+ d@&%& ~efctifioate~ to any qual$fied a@pliocintprc&tZed &+ ~a&&.c&t pays to the a See of fist &W&q& State Regls$,llar S&d rule further provides that &he State ,Reg&siPA .,~,~m~st issue birth or death cextificat~s to bsrta$n p&~one and- to the United States Census Bmeaa:.~without chsrga~, 39 Tex. Jurrr Sec. lo?, p.~191 says: “The fact th& an Act contains one or more exception* ~%&sel~seaan intention on the part of the he&d&atP1*e that there shall be no othep exoeption and t&at the Act,should apply in al~leases not except- ed. The Bupz~me Ganr*tof Texas in F era1 Crude 011 Company v, Yount-Lee 011 Co., 52 S.W.9” 26) 56, stat- ed: “It is a familiar Wle of statutory interpretation that an ‘exception *ken plain the intent that the statute shall apply In all case* not excepti3d* Suther- land on Statutory Cone@uatio% ,::;2d RI&) Sec. 494, p. 9233 25 R,,Ci Xi, 9i,a$ First Texas State Insur&nce to. v,.Walley, 111 Tex. 68, 228 S.W. 550. The latest ,expreasionby our Supreme Court on the rule of law involved herein is found in the case of North Common Scho,ol~,?Zs%rfct e,tal v.,Live Oak county Board of School Trtiste& et al, 199 S.W.(2d) 764. This case construed an Act of the Leglsl8ture validating all independent school dlstriot,swhich had theretofore been enlarged by the County Roam of Sohool Trustees after the proper electionad exoapt those~diatricts the valid- dity of which was in lltigktion ,at the tlme,ofthe pass- age of the Act. The court said: “Moreover the faot that the Act con- tainea one exception - where the validity of the district van In lit1 ation at the time of the passage of the 5tot - would qeem to mark the limlt of the~exclujlont Ron, Oeo. W. COX~ M. D., page 4 (v-589) and to IlaDe any istDlication8that there #all be any other excentionq." Under the general rules of statutory construc- tion as above set out, we are of the opinion that the Legislature intended that the State Registrar must.,col- ,,lectthe statutory fee of fifty cents for certified copies of birth and death,oertiSlcates from all State Agencies and all persons other than those specifically exempt from the payment of such fee under the statute in question. Since your letter concerns a State Agency that Is not speclficallg exempt under Rule 54a, It fol- lows that you must collect the statutory fee of fifty cents from such State Agency. The State Registrar is required to col- lect a fee of fifty cents for all certified copies of birth and death certificates from all persons or agencies requesting same, ex- cept thobe persons or agencies specifically exempt from the payment of auoh fee under the provisions of Rule 54a of Article 4477, , V. C.~B. Yours very truly, ATTORIQX ORRRRAL OF T.E&3 0F:mw BY Clinton Foshee Assistant ATTORREYGRI?RRAL