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