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.