By Rabuck H.B. No. 250
75R965 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory premarital testing for human immunodeficiency
1-3 virus infection.
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 (a) Persons applying for a marriage license shall submit evidence
1-9 to the county clerk that each person has undergone a medical
1-10 procedure or test designed to determine if the person has AIDS or
1-11 HIV infection, antibodies to HIV, or infection with any other
1-12 probable causative agent of AIDS.
1-13 (b) The evidence submitted under Subsection (a) must show
1-14 that the medical procedure or test was performed not earlier than
1-15 six months before the application for the marriage license is
1-16 filed.
1-17 SECTION 2. Section 1.02, Family Code, is amended to read as
1-18 follows:
1-19 Sec. 1.02. Application for License. Except as otherwise
1-20 provided by Section 1.05 of this code, persons applying for a
1-21 license shall:
1-22 (1) appear together or separately before the county
1-23 clerk;
1-24 (2) submit for each applicant:
2-1 (A) proof of identity and age as prescribed by
2-2 Section 1.04 of this code; [and,]
2-3 (B) if required, the documents establishing
2-4 parental consent, documents establishing that a prior marriage has
2-5 been dissolved, or a court order, as prescribed by Subchapter C of
2-6 this chapter; and
2-7 (C) evidence required by Section 81.110, Health
2-8 and Safety Code, that the applicant has undergone a medical
2-9 procedure or test designed to determine if the applicant has
2-10 acquired immune deficiency syndrome or human immunodeficiency virus
2-11 infection;
2-12 (3) provide the information for which spaces are
2-13 provided in the application for a marriage license; and[,]
2-14 (4) take the oath printed on the application and sign
2-15 the application before the county clerk.
2-16 SECTION 3. Section 1.05(b), Family Code, is amended to read
2-17 as follows:
2-18 (b) The person applying on behalf of an absent applicant
2-19 shall present to the clerk:
2-20 (1) the affidavit of the absent applicant as
2-21 prescribed by Subsection (c) of this section;
2-22 (2) proof of the identity and age of the absent
2-23 applicant as provided by Section 1.04 of this code; [and]
2-24 (3) if required, the documents establishing parental
2-25 consent, documents establishing that a prior marriage has been
2-26 dissolved, or a court order, for the absent applicant as prescribed
2-27 by Subchapter C of this chapter; and
3-1 (4) evidence required by Section 81.110, Health and
3-2 Safety Code, that the absent applicant has undergone a medical
3-3 procedure or test designed to determine if the applicant has
3-4 acquired immune deficiency syndrome or human immunodeficiency virus
3-5 infection.
3-6 SECTION 4. Section 1.07(a), Family Code, is amended to read
3-7 as follows:
3-8 (a) Except as provided by Subsection (b) of this section,
3-9 the county clerk may not issue a license to the applicants if:
3-10 (1) either applicant fails to provide information as
3-11 required by Sections 1.02, 1.045, and 1.05 of the code;
3-12 (2) either applicant fails to submit proof of age and
3-13 identity;
3-14 (3) either applicant is under 14 years of age and has
3-15 not received a court order under Section 1.53 of this code;
3-16 (4) either applicant is 14 years of age or older but
3-17 under 18 years of age and has received neither parental consent nor
3-18 a court order under Section 1.53 of this code;
3-19 (5) either applicant checks "false" in response to a
3-20 statement in the application, except as provided in Subsection (b)
3-21 of this section, or fails to make a required declaration in an
3-22 affidavit required of an absent applicant; [or]
3-23 (6) either applicant indicates that he or she has been
3-24 divorced by a decree of a court of this state within the last 30
3-25 days, unless:
3-26 (A) the applicants were divorced from each
3-27 other; or
4-1 (B) the prohibition against remarriage was
4-2 waived under Section 3.66 of this code; or
4-3 (7) either applicant fails to submit evidence required
4-4 by Section 81.110, Health and Safety Code.
4-5 SECTION 5. This Act takes effect September 1, 1997, and
4-6 applies only to an application for a marriage license filed on or
4-7 after that date.
4-8 SECTION 6. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.