Honorable Joe Resweber Opinion No. M- 287
County Attorney
Harris County Courthouse Re: Is there a conflict of
Houston, Texas 77002 law in the a plication
of Articles fl
604~ and
4604~, Vernon's Civil
Statutes to the medical
certificates and the is-
suance of marriage licenses
Dear Mr. Resweber: by the County Clerk.
We are,in receipt of your recent letter in which you
ask our opinion on the above captioned question.
Article 4604~, Vernon's Civil Statutes, enacted in
1929, provides as follows:
"Medical Certificate
"Before the County Clerk shall issue any
marriage license the man shall produce a certificate
from a reputable licensed physician to,,showthat
he is free from all venereal diseases.
Article 4604D, Vernon's Civil Statutes, enacted
in 1949, provides in part as follows:
"Premarital examination for syphilis
"Physician's certificate as to examination
"Section 1. No marriage license shall be
issued unless each applicant files with the
County Clerk a certificate from a duly qualified
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,
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Hon. Joe Resweber, page 2 (M-28')
including a standard serologic test for syphilis.
The examination shall not have been more than
fifteen (15) days prior to the date of issuance
'of such license and the certificate shall show
that the results of such examination, tests and
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
believe is infected with any condition of
syphilis that would be infectious or who has
any clin;cal evidence of infectious venereal
disease.
It appears from a reading of Article 4604~ and 4604D
and the.history of these statutes that they are in pari materia
and may be so considered although passed at different times or
sessions of the Legislature, 53 Tex.Jur.2d 280, Statutes, Sec.
186.
In Calvert v. Ft. Worth National Bank, Tex. 356 S.W.2d
918 (1962) the court states, in part:
11
. . .
"It is also well settled that statutes in
pari materia are to be read and construed together
in arriving at the intention of the Legislature.
82 C.J.S. Statutes & 366 p. 801; 50 Am.Jur.~Statutes,
81 348 p. 343. Moreover, as pointed out in Magnolia
Petroleum Company v. Walker, 125 Tex. 430, 83 S.W.2d
929, it is proper to consider the history of the sub:
ject matter in arriving at the purpose and intent of
the law."
It is the duty of a court whenever it can reasonably
do so to harmonize the statutes so that each can be given
effect. Our courts look with disfavor upon implied repeal of
statutes. 53 Tex.Jur.2d 150-151, Statutes, Sec. 102.
It is our opinion, therefore, that there is no con-
flict of law in the application of these statutes and that
each can be given full force and effect in the field of public
health and in relation to the medical certificates and issuance
of marriage licenses by County Clerks,
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. -
Hon. Joe Resweber, page 3 (M-287)
SUMMARY
Article 4604~ and 4604~ of Vernon's civil
Statutes of Texas are in pari materla, and
there is no conflict of law in relation to the
medical certificates and issuance of marriage
licenses by County Clerks,
truly yours,
fc.~zzz
ORD C. MARTIN
ney General of Texas
Prepared by John H. Banks "
Assistant Attorney General
APPROVRD:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Roy W. Mouer
Mark White
Bill Craig
Neil Williams
A. J. CARUBBI, JR,
Executive Assistant
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