HBA-MPM H.B. 717 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 717
By: Chisum
Public Health
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, many individuals do not know that they are infected with the HIV
virus until after the dormant stage of the disease's life cycle.  Such
individuals may inadvertently infect their future spouses and offspring.
H.B. 717 requires both parties applying for a marriage license to have a
medical procedure or test to determine HIV, HIV antibody or AIDS status.
This bill requires both parties to supply this information to the county
clerk prior to receipt of a marriage license. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 81, Health and Safety Code, by
adding Section 81.110, as follows: 

Sec. 81.110.  MANDATORY PREMARITAL TESTING FOR HIV INFECTION. Requires each
applicant for a marriage license (applicant) to submit evidence to the
county clerk that the applicant has undergone a medical procedure or test
to determine if the applicant has AIDS or HIV infection, antibodies to HIV,
or is infected with any other probable causative agent of AIDS.  Provides
that the evidence submitted must show that the medical procedure or test
was performed within six months of the filing of the marriage application. 

SECTION 2.  Amends Section 2.002, Family Code, to make conforming and
nonsubstantive changes.  Creates Paragraph (2)(A) from existing text.  

SECTION 3.  Amends Section 2.006(b), Family Code, to make conforming and
nonsubstantive changes.   

SECTION 4.  Amends Section 2.009(a), Family Code, to prohibit the county
clerk from issuing a license if either applicant fails to submit evidence
required by Section 81.110, Health and Safety Code.  Makes a nonsubstantive
change. 

SECTION 5.  Effective date:  September 1, 1999.
            Makes application of this Act prospective.

SECTION 6.  Emergency clause.