Texas Attorney General Opinion: O-1684 Page: 2 of 4
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Honorable W. A. Davis, Page 2
Rule 40a of Article 4477, Vernon's Annotated
Civil Statutes, provides that a certificate of death con-
tain some twenty-one items "necessary for the legal, social,
and sanitary purposes subserved by registration records."
They are enumerated in the section.
Rule 47a of the same article lists some twenty-
four items of information which the certificate of birth
shall contain.
Article 781a, Vernon's Annotated Criminal Statutes,
provides, among other things, in respect to a violation of
provisions as to vital statistics:
"That any person, who for himself or as an
officer, agent, or employee of any other person
or of any corporation or partnerhip . . . (d)
being required by this Act to fill out a certific-
cate of birth or death and file the same with
the local registrar, or deliver it, upon request,
to any person charged with the duty of filing
the same, shall fail, neglect, or refuse to per-
form such duty in the manner required by this
Act . . . shall be deemed guilty of a misdemeanor
and upon conviction thereof shall for the first
offense be fined not less than five dollars ($5.00)
nor more than fifty dollars ($50.00), and for
each subsequent offense not less than ten dollars
($10.00) nor more than one hundred dollars ($100.00),
or be imprisoned in the county jail not more than
sixty days, or be both fined and imprisoned."
Article 781a, as quoted above, would apply to any
person required to fill out a death or bdrth certificate
under Rules 4Oa and 47a, Article 4477, Vernon's Annotated
Civil Statutes.
Article 4477, supra, relating to vital statistics,
is a legis2tive exercise of the state's police power en-
acted in the interest of the public health. The Legislature
has "deemed necessary" and enumerated certain items of in-
formation which every birth and death certificate should
contain. The violation of these statutory provisions relat-
ing to birth and death certificates is punishable by fine
and imprisonment. Article 781a, Vernon's Annotated Criminal
Statutes.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1684, text, December 4, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258875/m1/2/: accessed June 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.