Texas Attorney General Opinion: V-1290 Page: 3 of 5
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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 or-
dinance requiring that true and accur-
ate copies of each birth, death, and
stillbirth certificate be - permanently
filed in the office of the city regis-
trar. The county clerk shall be paid
for indexing and preserving such rec-
ords, such compensation as may be a-
greed 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. AE -o Rule 53a the following
words were added by the amendment: provided, how-
ever, that this provisic shall not apply to cities
having an ordinance requiring that true and correct
copies of each birth, death and stillbirth certifi-
cate be permanently filed in the office of the city
Prior to this amendment, it was well set-
tled that the county paid the fifty-cent fee to
city clerks or registrars unless the city provided
special recompense for this added duty. City of
Taylor v. Hodges, 143 Tex. 441, 186 S.t. 2d 61 (1945);
Att'y Gen. Ops. 0-2308 (1940), 0-3874 (1941), and 0-
Rule 53a, as amended, has two principal
provisions. The first provision sets the recording
fee and provides the methodfbr payment, and the sec-
ond provision requires the certificates to be de-
posited 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
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1290, text, September 21, 1951; (texashistory.unt.edu/ark:/67531/metapth266108/m1/3/: accessed May 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.