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.