H.A.-MAJ H.B. 14 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 14
By: Goolsby
Public Health
2/24/1999
Introduced
BACKGROUND AND PURPOSE
In 1983, Texas repealed the requirement that all applicants for a marriage
license undergo a blood test. A blood test can detect venereal diseases,
also known a sexually transmitted diseases (STDs). STD is a broad term that
refers to more than 50 diseases and syndromes which can be transmitted
through direct contact and body fluids. STDs can have long-term health
consequences including sterility, chronic infection, ectopic pregnancy,
cancer, scarring of a woman's fallopian tubes, and death. H.B. 14 requires
all marriage license applicants to submit a blood test.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 4
(Section 2.010, Family Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2.002, Family Code, by creating
Subsection(2)(A) from existing text. Adds the requirement that, in addition
to the proof of identity and age of each person who applies for a marriage
license, a person must submit the medical examination certificate required
by Section 2.010 or a written waiver issued under Section 2.0106.
SECTION 2. Amends Section 2.006(b), Family Code, to make conforming
changes.
SECTION 3. Amends Section 2.009(a), Family Code, to add failure to submit
the medical examination certificate required by Section 2.010 or a waiver
issued under Section 2.0106 among the grounds that prohibit the county
clerk from issuing a marriage license to an applicant. Makes conforming
changes.
SECTION 4. Amends Section 2.010, Family Code, as follows:
Sec. 2.010. New Title: MEDICAL EXAMINATION CERTIFICATE. (a) Defines:
"board," "commissioner," "department," "HIV," and "sexually transmitted
disease." Deletes "AIDS INFORMATION" from the title of this Section.
(b) Requires an applicant for a marriage license to submit a certificate
to the county clerk that verifies that the person has undergone an approved
serologic test which determines if the person is infected with human
immunodeficiency virus (HIV) or any other sexually transmitted disease.
Requires the certificate to show that the test was not performed earlier
than six months before the date of filing the marriage license application.
(c) Provides that a laboratory that performs standard serologic tests on
blood samples must be approved by the Texas Department of Health
(department). Requires the Texas Board of Health (board) to adopt rules
for approving laboratories including minimum standards of proficiency,
procedures for inspection and monitoring, criteria for approval and
disapproval of serologic tests and procedures, and criteria for the
issuance, suspension, and revocation of certification.
(d) Authorizes an applicant to apply to the laboratory in person or have
the blood sample taken and submitted by a physician or other health
professional permitted by law to take a blood sample.
(e) Requires the Commissioner of Public Health (commissioner) to provide
each county clerk with the name of each approved laboratory in the county,
and to notify the clerk of any additions, suspensions, or revocations.
(f) Requires that a laboratory conduct a required test without charge.
(g) Provides that the department is not required to approve a laboratory
under Subsection (c), or provide a list of approved laboratories under
Subsection (e), as long as the Clinical Laboratory Improvement Amendments
of 1988, and subsequent amendments, are in effect.
(h) Establishes that the result of a standard test for HIV infection under
this section is a test result for purposes of Subchapter F, Chapter 81,
Health and Safety Code (Tests for Acquired Immune Deficiency Syndrome and
Related Disorders).
(i) Requires the department to prepare printed materials about acquired
immune deficiency syndrome (AIDS), HIV, and other sexually transmitted
diseases, rather than only AIDS and HIV. Requires the department to
distribute the material to the county clerks in the state and to those who
request the materials, rather than only the county clerk. Requires that
the printed material include the treatments available and the methods to
prevent transmission of AIDS, HIV, and other sexually transmitted diseases.
Deletes the requirement that the materials include information about
available and appropriate counseling services for AIDS and HIV. Makes a
conforming change.
(j) Requires the person taking the blood sample to provide to the person
who is being tested the printed materials obtained from the department
pursuant to Subsection (i) before the sample is taken, and to note on the
medical records that the materials were provided. Requires the county
clerk to provide the printed materials to a person who obtains a waiver
under Section 2.0106.
(k) Requires the physician or other person who tested the sample to
provide to the applicant information relating to the treatment and
counseling of HIV and AIDS in any understandable terms if the serologic
test shows that the applicant is or may be infected with HIV.
(l) Authorizes that a physician or other person complies with the
requirements of Subsection (k)(1) by referring the applicant to an entity
that provides treatment for persons with AIDS or HIV.
(m) Requires the department to prescribe the form of the medical
examination certificate. Authorizes the board to adopt rules necessary to
implement this section.
SECTION 5. Amends Subchapter A, Chapter 2, Family Code, by adding Sections
2.0105 and 2.0106, as follows:
Sec. 2.0105. OUT-OF-STATE APPLICANTS. Authorizes an applicant who resides
in another state to have the serologic test performed by a laboratory
approved by the official health agency of that state. Authorizes the
medical examination certificate to be completed by a physician who is
licensed to practice medicine in the other state or by a representative of
the laboratory that performed the test.
Sec. 2.0106. WAIVER OF BLOOD TEST REQUIREMENT. Authorizes an applicant to
petition a judge, authorized to issue a waiver under Section 2.204(c), for
a written waiver permitting the county clerk to issue a marriage license to
the applicant without the required serologic test. Authorizes the court to
issue a waiver if the court finds that the waiver will not adversely affect
the public health and welfare.
SECTION 6. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 7. Emergency clause.