By Chisum H.B. No. 1129
74R2442 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory premarital testing for human immunodeficiency
1-3 virus infection and other sexually transmitted diseases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 81, Health and Safety Code,
1-6 is amended by adding Section 81.110 to read as follows:
1-7 Sec. 81.110. MANDATORY PREMARITAL TESTING FOR HIV INFECTION
1-8 OR OTHER SEXUALLY TRANSMITTED DISEASES. (a) Persons applying for
1-9 a marriage license shall submit evidence to the county clerk that
1-10 each person has undergone medical procedures or tests designed to
1-11 determine if the person has:
1-12 (1) AIDS or HIV infection, antibodies to HIV, or
1-13 infection with any other probable causative agent of AIDS; or
1-14 (2) a sexually transmitted disease other than one
1-15 specified by Subdivision (1).
1-16 (b) The evidence submitted under Subsection (a) must show
1-17 that the medical procedures or tests were performed not earlier
1-18 than six months before the application for the marriage license is
1-19 filed.
1-20 (c) The result of a medical procedure or test conducted to
1-21 comply with Subsection (a)(1) is confidential as provided by
1-22 Section 81.103. The result of a medical procedure or test
1-23 conducted to comply with Subsection (a)(2) is confidential and may
1-24 be released only to the person tested.
2-1 SECTION 2. Section 1.02, Family Code, is amended to read as
2-2 follows:
2-3 Sec. 1.02. Application for License. Except as otherwise
2-4 provided by Section 1.05 of this code, persons applying for a
2-5 license shall:
2-6 (1) appear together or separately before the county
2-7 clerk;
2-8 (2) submit for each applicant:
2-9 (A) proof of identity and age as prescribed by
2-10 Section 1.04 of this code; <and,>
2-11 (B) if required, the documents establishing
2-12 parental consent, documents establishing that a prior marriage has
2-13 been dissolved, or a court order, as prescribed by Subchapter C of
2-14 this chapter; and
2-15 (C) evidence required by Section 81.110, Health
2-16 and Safety Code, that the applicant has undergone medical
2-17 procedures or tests designed to determine if the applicant has
2-18 acquired immune deficiency syndrome, human immunodeficiency virus
2-19 infection, or another sexually transmitted disease;
2-20 (3) provide the information for which spaces are
2-21 provided in the application for a marriage license; and<,>
2-22 (4) take the oath printed on the application and sign
2-23 the application before the county clerk.
2-24 SECTION 3. Section 1.05(b), Family Code, is amended to read
2-25 as follows:
2-26 (b) The person applying on behalf of an absent applicant
2-27 shall present to the clerk:
3-1 (1) the affidavit of the absent applicant as
3-2 prescribed by Subsection (c) of this section;
3-3 (2) proof of the identity and age of the absent
3-4 applicant as provided by Section 1.04 of this code; <and>
3-5 (3) if required, the documents establishing parental
3-6 consent, documents establishing that a prior marriage has been
3-7 dissolved, or a court order, for the absent applicant as prescribed
3-8 by Subchapter C of this chapter; and
3-9 (4) evidence required by Section 81.110, Health and
3-10 Safety Code, that the absent applicant has undergone medical
3-11 procedures or tests designed to determine if the applicant has
3-12 acquired immune deficiency syndrome, human immunodeficiency virus
3-13 infection, or another sexually transmitted disease.
3-14 SECTION 4. Section 1.07(a), Family Code, is amended to read
3-15 as follows:
3-16 (a) Except as provided by Subsection (b) of this section,
3-17 the county clerk may not issue a license to the applicants if:
3-18 (1) either applicant fails to provide information as
3-19 required by Sections 1.02 and 1.05 of the code;
3-20 (2) either applicant fails to submit proof of age and
3-21 identity;
3-22 (3) either applicant is under 14 years of age and has
3-23 not received a court order under Section 1.53 of this code;
3-24 (4) either applicant is 14 years of age or older but
3-25 under 18 years of age and has received neither parental consent nor
3-26 a court order under Section 1.53 of this code;
3-27 (5) either applicant checks "false" in response to a
4-1 statement in the application, except as provided in Subsection (b)
4-2 of this section, or fails to make a required declaration in an
4-3 affidavit required of an absent applicant; <or>
4-4 (6) either applicant indicates that he or she has been
4-5 divorced by a decree of a court of this state within the last 30
4-6 days, unless:
4-7 (A) the applicants were divorced from each
4-8 other; or
4-9 (B) the prohibition against remarriage was
4-10 waived under Section 3.66 of this code; or
4-11 (7) either applicant fails to submit evidence required
4-12 by Section 81.110, Health and Safety Code.
4-13 SECTION 5. This Act takes effect September 1, 1995, and
4-14 applies only to an application for a marriage license filed on or
4-15 after that date.
4-16 SECTION 6. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.