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.