By:  Rabuck                                           H.B. No. 1839
       73R3694 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to mandatory premarital testing for sexually transmitted
    1-3  diseases.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 81, Health and Safety Code,
    1-6  is amended by adding Section 81.053 to read as follows:
    1-7        Sec. 81.053.  MANDATORY PREMARITAL TESTING FOR SEXUALLY
    1-8  TRANSMITTED DISEASE.  (a)  Persons applying for a marriage license
    1-9  shall submit evidence to the county clerk that each person has
   1-10  undergone a medical procedure or test designed to determine if the
   1-11  person has a sexually transmitted disease.
   1-12        (b)  The evidence submitted under Subsection (a) must show
   1-13  that the medical procedure or test was performed not earlier than
   1-14  six months before the application for the marriage license is
   1-15  filed.
   1-16        SECTION 2.  Section 1.02, Family Code, is amended to read as
   1-17  follows:
   1-18        Sec. 1.02.  Application for License.  Except as otherwise
   1-19  provided by Section 1.05 of this code, persons applying for a
   1-20  license shall:
   1-21              (1)  appear together or separately before the county
   1-22  clerk;
   1-23              (2)  submit for each applicant:
   1-24                    (A)  proof of identity and age as prescribed by
    2-1  Section 1.04 of this code; <and,>
    2-2                    (B)  if required, the documents establishing
    2-3  parental consent, documents establishing that a prior marriage has
    2-4  been dissolved, or a court order, as prescribed by Subchapter C of
    2-5  this chapter; and
    2-6                    (C)  evidence required by Section 81.053, Health
    2-7  and Safety Code, that the applicant has undergone a medical
    2-8  procedure or test designed to determine if the applicant has a
    2-9  sexually transmitted disease;
   2-10              (3)  provide the information for which spaces are
   2-11  provided in the application for a marriage license; and<,>
   2-12              (4)  take the oath printed on the application and sign
   2-13  the application before the county clerk.
   2-14        SECTION 3.  Section 1.05(b), Family Code, is amended to read
   2-15  as follows:
   2-16        (b)  The person applying on behalf of an absent applicant
   2-17  shall present to the clerk:
   2-18              (1)  the affidavit of the absent applicant as
   2-19  prescribed by Subsection (c) of this section;
   2-20              (2)  proof of the identity and age of the absent
   2-21  applicant as provided by Section 1.04 of this code; <and>
   2-22              (3)  if required, the documents establishing parental
   2-23  consent, documents establishing that a prior marriage has been
   2-24  dissolved, or a court order, for the absent applicant as prescribed
   2-25  by Subchapter C of this chapter; and
   2-26              (4)  evidence required by Section 81.053, Health and
   2-27  Safety Code, that the absent applicant has undergone a medical
    3-1  procedure or test designed to determine if the applicant has a
    3-2  sexually transmitted disease.
    3-3        SECTION 4.  Section 1.07(a), Family Code, is amended to read
    3-4  as follows:
    3-5        (a)  Except as provided by Subsection (b) of this section,
    3-6  the county clerk may not issue a license to the applicants if:
    3-7              (1)  either applicant fails to provide information as
    3-8  required by Sections 1.02 and 1.05 of the code;
    3-9              (2)  either applicant fails to submit proof of age and
   3-10  identity;
   3-11              (3)  either applicant is under 14 years of age and has
   3-12  not received a court order under Section 1.53 of this code;
   3-13              (4)  either applicant is 14 years of age or older but
   3-14  under 18 years of age and has received neither parental consent nor
   3-15  a court order under Section 1.53 of this code;
   3-16              (5)  either applicant checks "false" in response to a
   3-17  statement in the application, except as provided in Subsection (b)
   3-18  of this section, or fails to make a required declaration in an
   3-19  affidavit required of an absent applicant; <or>
   3-20              (6)  either applicant indicates that he or she has been
   3-21  divorced by a decree of a court of this state within the last 30
   3-22  days, unless:
   3-23                    (A)  the applicants were divorced from each
   3-24  other; or
   3-25                    (B)  the prohibition against remarriage was
   3-26  waived under Section 3.66 of this code; or
   3-27              (7)  either applicant fails to submit evidence required
    4-1  by Section 81.053, Health and Safety Code.
    4-2        SECTION 5.  This Act takes effect September 1, 1993, and
    4-3  applies only to an application for a marriage license filed on or
    4-4  after that date.
    4-5        SECTION 6.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency   and   an   imperative   public   necessity   that   the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended.