TRKEATTOWNEY GENERAL OFTEXAS Honorable Walter E. Wilson Opinion No. C- 120 County Attorney Ector County Re: Whether the actual Odessa, Texas and thorough examination required by Section 1 of Article 4604d, V.C.S. contemplates a complete physical examination, or only an examination ex- tensive enough to deter- mine the presence or ab- sence of an infectious venereal disease. Dear Mr. Wilson: You have requested the opinion of thle office as to the proper Interpretation of the phrase "actual and thorough exsmlnatlon," as used in Section 1 of Article 4604d, Vernon's Civil Statutes. Controversy has arisen as to whether that phrase, as used In the statute, requires a complete physical examination, or only an examination sufficiently extensive to determine the presence or absence of an Infectious venereal diseaae. Section 1 of Article 46046, Vernon's Civil Statutes, is quoted below: "Section 1. No marriage license shall be issued unless each applicant files with the county clerk a certificate from a duly qua114 fied physician licensed to practice medicine and surgery in Texas, or In any state or In any territory of the United States where applicants may reside but who wish to marry in Texas. The certificate shall state that the applicant has been given an actual and thorough examination, including a standard serologic test for syphilis. The examination shall not have been more than fifteen (15) dass nrlor to the date of Issuance of such &&se-and the certificate shall show that the results of such examination, tests and -599- Honorable Walter E. Wilson, page 2 (C- 120) history showed that the person examined was free from any infectious condition of syphilis. No physician shall issue such certificate to any person whom he knows or has reasons to be- lieve Is infected with any condition of syphilis that would be Infectious or who has any clinical evidence of infectious venereal disease." (Bmphasis added) The emphasized words above clearly reveal that the physician's certificate required by this statute Is limited to the venereal diseases. If a complete physical examination were contemplated by the Legislature, the certificate of the physician would cer- tainly have to reflect the results of that examination. The intent of the Legislature In enacting Article 4604d is clearly expressed In the caption of the original House Bill No. 588, which may be found in Acts 51st Legislature, 1949, Ch. 547, p. 1060: "An Act providing for the protection of unborn children and the public health by requiring premarital examinations for syphilis; providing for examlna- tlons and standard serologic tests for applicants for marriage, and physicians' certificates and laboratory statements with respect thereto; providing for methods of approval of laboratories per- forming such tests; providing for walv- ing of medical examination under certain conditions; providing for the accepting of certificates from states other than Texas; defining a standard serologic test for syphilis; nothing in the Act shall affect or impair existing laws on the subject; declaring marriage licenses to be Invalid unless performed within fifteen (15) days from date of examina- tion; repealing all laws in conflict; and providing penalties for the violation thereof; providing a severability clause; and declaring an emergency." The first sentence of the caption expresses the purpose of the enactment clearly. If the phrase "actual and thorough examina- tion" is read in the context in which It Is used, I.e., the control and prevention of syphilis for the protection of public health, its meaning is beyond dispute. -600- r Honorable Walter E. Wilson, page 3 (C-120 ) The State Health Department, the agency responsible for the administration of this statute, has interpreted the statute as requiring on1 a physical examination for Infectious venereal e standard serological tests for such diseases. disease, and ET+ There being no evidence whatsoever that the Legislature intended that the words "actual and thorough examination," as used in Section 1 of Article 4604d, to mean anything more than the examination for physical evidence~'ofInfectious venereal disease;``such'physical:examinatlonto be conducted In oonnection with the standard serological tests, it Is the opinion of this office that the quoted term Is so limited. A County Clerk has the duty to demand the required certificate from an applicant for a marriage license, but It is beyond the power of the County Clerk to demand more than the required certificate. SUMMARY The phrase "actual and thorough examination" as used In Section 1 of Article 4604b, V.C.S., contemplates only the examination for physl- cal evidences of infectious venereal disease. A County Clerk Is authorized to require only the certification as to freedom from infec- tious venereal disease, under the terms of Article 4604d, V.C.S. Yours very truly, WAGGONER CARR ~to~fmeY~ti~ Malcolm L. Quick Assistant MLQ:zt:jh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Robert Lewis Gilbert Hargrave Norman Suarez APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -601-