Audit finds hundreds of unrecorded birth and death records; county to consult state and district judges

An audit of records from Benito Bo Ochoa’s Justice of the Peace office in Precinct 1 found a large number of records that were never recorded in the county system, county staff told the Cameron County Commissioners Court on Dec. 2.

Sylvia, speaking for the clerk’s office, told commissioners the audit covered records from 1932 through 2021 and identified 1,437 birth records and 679 death records; of those, 1,366 birth records and 873 death records were already recorded with the county clerk’s office, but 71 birth records and 806 death records were not recorded. Sylvia said the unrecorded records will require delayed‑recording procedures and, under the statute, a person seeking a copy will be required to appear before a judge for approval of a delayed birth or death certificate.

“Those were not registered at the time of the occurrence,” Sylvia said, explaining that many records had remained in the justice of the peace’s custody and were not transferred to the county clerk as they should have been. She said the county clerk’s office has taken custody of the audited documents and will scan and enter recorded items into the state database (TxEVER) using staff who have completed required background checks.

Commissioners asked whether the county could itself present the unrecorded records for judicial approval rather than require families to do so. The clerk’s representative said she would need to check with the state and legal staff, and the court agreed to consult with the county clerk and the state to determine whether the county should notify affected individuals and what administrative steps the clerk’s office may take.

The court acknowledged the audit and directed staff to work with the county clerk and the state to compile a list and determine the proper path for delayed recordings.