By Goolsby                                              H.B. No. 14
         76R1255 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a mandatory blood test to obtain a marriage license.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2.002, Family Code, is amended to read as
 1-5     follows:
 1-6           Sec. 2.002.  APPLICATION FOR LICENSE.  Except as provided by
 1-7     Section 2.006, each person applying for a license must:
 1-8                 (1)  appear before the county clerk;
 1-9                 (2)  submit:
1-10                       (A)  the person's proof of identity and age as
1-11     provided by this subchapter; and
1-12                       (B)  the medical examination certificate required
1-13     by Section 2.010 or a written waiver issued under Section 2.0106;
1-14                 (3)  provide the information applicable to that person
1-15     for which spaces are provided in the application for a marriage
1-16     license;
1-17                 (4)  mark the appropriate boxes provided in the
1-18     application; and
1-19                 (5)  take the oath printed on the application and sign
1-20     the application before the county clerk.
1-21           SECTION 2.  Section 2.006(b), Family Code, is amended to read
1-22     as follows:
1-23           (b)  The person applying on behalf of an absent applicant
1-24     shall provide to the clerk:
 2-1                 (1)  the affidavit of the absent applicant as provided
 2-2     by this subchapter;
 2-3                 (2)  proof of the identity and age of the absent
 2-4     applicant as provided by this subchapter; [and]
 2-5                 (3)  if required because the absent applicant is a
 2-6     person under 18 years of age, the documents establishing parental
 2-7     consent, documents establishing that a prior marriage has been
 2-8     dissolved, or a court order authorizing the marriage of the absent,
 2-9     underage applicant; and
2-10                 (4)  the medical examination certificate for the absent
2-11     applicant required by Section 2.010 or a written waiver issued
2-12     under Section 2.0106.
2-13           SECTION 3.  Section 2.009(a), Family Code, is amended to read
2-14     as follows:
2-15           (a)  Except as provided by Subsections (b) and (d), the
2-16     county clerk may not issue a license if either applicant:
2-17                 (1)  fails to provide the information required by this
2-18     subchapter;
2-19                 (2)  fails to submit proof of age and identity;
2-20                 (3)  is under 14 years of age and has not been granted
2-21     a court order as provided by Section 2.103;
2-22                 (4)  is 14 years of age or older but under 18 years of
2-23     age and has not presented at least one of the following:
2-24                       (A)  parental consent as provided by Section
2-25     2.102;
2-26                       (B)  documents establishing that a prior marriage
2-27     of the applicant has been dissolved; or
 3-1                       (C)  a court order as provided by Section 2.103;
 3-2                 (5)  checks "false" in response to a statement in the
 3-3     application, except as provided by Subsection (b) or (d), or fails
 3-4     to make a required declaration in an affidavit required of an
 3-5     absent applicant; [or]
 3-6                 (6)  indicates that the applicant has been divorced by
 3-7     a decree of a court of this state within the last 30 days, unless:
 3-8                       (A)  the applicants were divorced from each
 3-9     other; or
3-10                       (B)  the prohibition against remarriage is waived
3-11     as provided by Section 6.802; or
3-12                 (7)  fails to submit the medical examination
3-13     certificate required by Section 2.010 or a waiver issued under
3-14     Section 2.0106.
3-15           SECTION 4.  Section 2.010, Family Code, is amended to read as
3-16     follows:
3-17           Sec. 2.010.  MEDICAL EXAMINATION CERTIFICATE [AIDS
3-18     INFORMATION].   (a)  In this section:
3-19                 (1)  "Board" means the Texas Board of Health.
3-20                 (2)  "Commissioner" means the commissioner of public
3-21     health.
3-22                 (3)  "Department" means the Texas Department of Health.
3-23                 (4)  "HIV" means human immunodeficiency virus.
3-24                 (5)  "Sexually transmitted disease" means an infection,
3-25     with or without symptoms or  clinical manifestations, that may be
3-26     transmitted from one person to another during, or as a result of,
3-27     sexual relations between the two persons and that may:
 4-1                       (A)  produce a disease in, or otherwise impair
 4-2     the health of, either person; or
 4-3                       (B)  cause an infection or disease in a fetus in
 4-4     utero or a newborn.
 4-5           (b)  Each person applying for a marriage license shall submit
 4-6     a certificate to the county  clerk verifying that the person has
 4-7     undergone a serologic test approved by the board designed to
 4-8     determine whether the person is infected with HIV or any other
 4-9     sexually transmitted disease.  The certificate must show that the
4-10     test was performed not earlier than six months before the date of
4-11     filing an application for the marriage license.
4-12           (c)  A state, county, municipal, or private laboratory that
4-13     conducts standard serologic tests on blood samples submitted  under
4-14     this section must be approved by the department.  The board shall
4-15     adopt rules for approving laboratories, including rules
4-16     establishing:
4-17                 (1)  minimum standards of proficiency for a laboratory
4-18     that conducts standard serologic tests;
4-19                 (2)  procedures for the inspection and monitoring of
4-20     laboratories conducting standard serologic tests;
4-21                 (3)  criteria for the issuance, suspension, and
4-22     revocation of laboratory proficiency certification to perform
4-23     standard serologic tests; and
4-24                 (4)  criteria for approval and disapproval of serologic
4-25     tests and procedures.
4-26           (d)  An applicant may apply to the laboratory in person for
4-27     the test or have a blood sample taken and submitted to the
 5-1     laboratory for the test by a physician or other health professional
 5-2     permitted by law to take a blood sample.
 5-3           (e)  The commissioner shall provide each county clerk with
 5-4     the  name of each approved laboratory in the county and shall
 5-5     notify the county clerk of any additions, suspensions, or
 5-6     revocations of approval of a laboratory.
 5-7           (f)  A state, county, or municipal laboratory shall conduct a
 5-8     test required by this section without charge.
 5-9           (g)  The department is not required to approve a laboratory
5-10     under Subsection (c) or provide a list of approved laboratories
5-11     under Subsection (e) as long as the Clinical Laboratory Improvement
5-12     Amendments of 1988 (42 U.S.C. Section 263a), and subsequent
5-13     amendments, are in effect.
5-14           (h)  The result of a standard test for HIV infection under
5-15     this section is a test result for purposes of Subchapter F, Chapter
5-16     81, Health and Safety Code.
5-17           (i)  The department shall prepare printed materials to inform
5-18     the recipient about acquired immune deficiency syndrome (AIDS),
5-19     HIV, and other sexually transmitted diseases and provide the
5-20     materials to the county clerks in the state and to other persons
5-21     who request the information.  The printed materials [Materials
5-22     providing information about acquired immune deficiency syndrome
5-23     (AIDS) and human immunodeficiency virus (HIV) shall be prepared and
5-24     provided to the clerk by the Texas Department of Health and] shall
5-25     be designed to inform the applicants about:
5-26                 (1)  the incidence and mode of transmission of AIDS,
5-27     [and] HIV, and other sexually transmitted diseases;
 6-1                 (2)  the treatments available for AIDS, HIV, and other
 6-2     sexually transmitted diseases [the local  availability of medical
 6-3     procedures, including voluntary testing, designed to show or help
 6-4     show whether a person has AIDS or HIV infection, antibodies to HIV,
 6-5     or infection with any other probable causative agent of AIDS]; and
 6-6                 (3)  methods to prevent the transmission of the HIV
 6-7     virus and other sexually transmitted diseases [available and
 6-8     appropriate counseling services regarding AIDS and HIV infection].
 6-9           (j)  Before a blood sample is taken for a test under this
6-10     section, the person taking the sample shall provide to the person
6-11     from whom the sample is taken the printed materials obtained from
6-12     the department under Subsection (i).  The person taking the blood
6-13     sample shall note on the medical records that the printed materials
6-14     were provided.  The county clerk shall provide the printed
6-15     materials to a person who obtains a waiver under Section 2.0106.
6-16           (k)  If a serologic test conducted under this section shows
6-17     that an applicant is or may be infected with HIV, the physician or
6-18     other person who submitted the sample for the test shall provide or
6-19     make available to the applicant:
6-20                 (1)  information relating to treatment of HIV infection
6-21     and acquired immune deficiency syndrome, which must be in another
6-22     language, if needed, and must be presented, as necessary, in a
6-23     manner and in terms understandable to a person who may be
6-24     illiterate if resources permit; and
6-25                 (2)  counseling under Section 81.109, Health and Safety
6-26     Code.
6-27           (l)  A physician or other person may comply with the
 7-1     requirements of Subsection (k)(1) by referring the applicant to an
 7-2     entity that provides treatment for persons with AIDS or infected
 7-3     with HIV.
 7-4           (m)  The department shall prescribe the form of the medical
 7-5     examination certificate.  The board may adopt rules necessary to
 7-6     implement this section.
 7-7           SECTION 5.  Subchapter A, Chapter 2, Family Code, is amended
 7-8     by adding Sections 2.0105 and 2.0106 to read as follows:
 7-9           Sec. 2.0105.  OUT-OF-STATE APPLICANTS.  An applicant who
7-10     resides in another state may have the serologic test required by
7-11     Section 2.010 performed by a laboratory approved by the official
7-12     health agency of that state.  The medical examination certificate
7-13     may be completed by a physician who is licensed to practice
7-14     medicine in the other state or by a representative of the
7-15     laboratory that performed the test.
7-16           Sec. 2.0106.  WAIVER OF BLOOD TEST REQUIREMENT.  An applicant
7-17     may petition a judge authorized to issue a waiver under Section
7-18     2.204(c) for a written waiver permitting the county clerk to issue
7-19     a marriage license to the applicant without the serologic test
7-20     required by Section 2.010.  The court may issue a waiver if the
7-21     court finds that the waiver will not adversely affect the public
7-22     health and welfare.
7-23           SECTION 6.  This Act takes effect September 1, 1999, and
7-24     applies only to an application for a marriage license filed on or
7-25     after that date.
7-26           SECTION 7.  The importance of this legislation and the
7-27     crowded condition of the calendars in both houses create an
 8-1     emergency and an imperative public necessity that the
 8-2     constitutional rule requiring bills to be read on three several
 8-3     days in each house be suspended, and this rule is hereby suspended.