By Chisum                                              H.B. No. 717
         76R1841 MCK-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)  Each applicant for a marriage license shall submit evidence to
 1-9     the county clerk that the applicant has undergone a medical
1-10     procedure or test designed to determine whether the applicant has
1-11     AIDS or HIV infection, has antibodies to HIV, or is infected with
1-12     any other 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 2.002, Family Code, is amended to read as
1-18     follows:
1-19           Sec. 2.002.  APPLICATION FOR LICENSE.  Except as provided by
1-20     Section 2.006, each person applying for a license must:
1-21                 (1)  appear before the county clerk;
1-22                 (2)  submit:
1-23                       (A)  the person's proof of identity and age as
1-24     provided by this subchapter; and
 2-1                       (B)  evidence required by Section 81.110, Health
 2-2     and Safety Code, that the applicant has undergone a medical
 2-3     procedure or test designed to determine whether the applicant has
 2-4     AIDS or HIV infection, has antibodies to HIV, or is infected with
 2-5     any other probable causative agent of AIDS;
 2-6                 (3)  provide the information applicable to that person
 2-7     for which spaces are provided in the application for a marriage
 2-8     license;
 2-9                 (4)  mark the appropriate boxes provided in the
2-10     application; and
2-11                 (5)  take the oath printed on the application and sign
2-12     the application before the county clerk.
2-13           SECTION 3.  Section 2.006(b), Family Code, is amended to read
2-14     as follows:
2-15           (b)  The person applying on behalf of an absent applicant
2-16     shall provide to the clerk:
2-17                 (1)  the affidavit of the absent applicant as provided
2-18     by this subchapter;
2-19                 (2)  proof of the identity and age of the absent
2-20     applicant as provided by this subchapter; [and]
2-21                 (3)  if required because the absent applicant is a
2-22     person under 18 years of age, the documents establishing parental
2-23     consent, documents establishing that a prior marriage has been
2-24     dissolved, or a court order authorizing the marriage of the absent,
2-25     underage applicant; and
2-26                 (4)  evidence required by Section 81.110, Health and
2-27     Safety Code, that the absent applicant has undergone a medical
 3-1     procedure or test designed to determine whether the applicant has
 3-2     AIDS or HIV infection, has antibodies to HIV, or is infected with
 3-3     any other probable causative agent of AIDS.
 3-4           SECTION 4.  Section 2.009(a), Family Code, is amended to read
 3-5     as follows:
 3-6           (a)  Except as provided by Subsections (b) and (d), the
 3-7     county clerk may not issue a license if either applicant:
 3-8                 (1)  fails to provide the information required by this
 3-9     subchapter;
3-10                 (2)  fails to submit proof of age and identity;
3-11                 (3)  is under 14 years of age and has not been granted
3-12     a court order as provided by Section 2.103;
3-13                 (4)  is 14 years of age or older but under 18 years of
3-14     age and has not presented at least one of the following:
3-15                       (A)  parental consent as provided by Section
3-16     2.102;
3-17                       (B)  documents establishing that a prior marriage
3-18     of the applicant has been dissolved; or
3-19                       (C)  a court order as provided by Section 2.103;
3-20                 (5)  checks "false" in response to a statement in the
3-21     application, except as provided by Subsection (b) or (d), or fails
3-22     to make a required declaration in an affidavit required of an
3-23     absent applicant; [or]
3-24                 (6)  indicates that the applicant has been divorced by
3-25     a decree of a court of this state within the last 30 days, unless:
3-26                       (A)  the applicants were divorced from each
3-27     other; or
 4-1                       (B)  the prohibition against remarriage is waived
 4-2     as provided by Section 6.802; or
 4-3                 (7)  fails to submit evidence required by Section
 4-4     81.110, Health and  Safety Code.
 4-5           SECTION 5.   This Act takes effect September 1, 1999, and
 4-6     applies only to an application for a marriage license filed on or
 4-7     after that date.  An application for a marriage license filed
 4-8     before the effective date of this Act is governed by the law in
 4-9     effect on the date the application was filed, and the former law is
4-10     continued in effect for that purpose.
4-11           SECTION 6.  The importance of this legislation and the
4-12     crowded condition of the calendars in both houses create an
4-13     emergency and an imperative public necessity that the
4-14     constitutional rule requiring bills to be read on three several
4-15     days in each house be suspended, and this rule is hereby suspended.