Honorable Joe Resweber

CountyAttorney Harris County Courthouse Houston, Texas 77002 Opinion No. M- 287 Re: Is there a conflict of law in the a plication of Articles fl

604~ and 4604~, Vernon's Civil Statutes to the medical certificatesand the issuance ofmarriage 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:

"MedicalCertificate "Beforethe County Clerk shall issue any marriage license theman shallproduce a certificate from a reputable licensedphysician to,,show that he is free from all venerealdiseases. Article 4604D,Vernon's Civil Statutes, enacted in 1949, provides in part as follows: "Premaritalexamination for syphilis "Physician'scertificateas to examination "Section1. No marriage license shallbe issued unless each applicant files with the County Clerk a certificate from a duly qualified physician licensed to practicemedicine and surgery in Texas, or in any state or in any territory of the United Stateswhere applicants may reside but who wish to marry in Texas. The certificate shall state that the applicanthas been given an actual and thorough examination,

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includinga standard serologic test for syphilis. The examination shallnot have been more than fifteen (15)days prior to the date of issuance 'ofsuch licenseand the certificate shall show that the results of such examination, tests and history showed that the person examinedwas 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 infectedwith any condition of syphilis that would be infectious or who has any clin;cal evidence of infectiousvenereal disease. It appears from a reading of Article 4604~ and 4604D and the.historyof these statutes that they are in parimateria and may be so consideredalthoughpassed 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:

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. . . "It is also well settled that statutes in parimateria 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, 81348 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: jectmatter 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 lookwith disfavorupon impliedrepeal of statutes. 53 Tex.Jur.2d 150-151, Statutes, Sec. 102.

It is our opinion, therefore, that there is no conflict of law in the application of these statutesand that each can be given full force and effect in the field of public health and in relation to themedical certificatesand issuance ofmarriage licensesby County Clerks,

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Hon. Joe Resweber, page 3 (M-287)

SUMMARY Article 4604~ and 4604~ ofVernon's civil Statutes of Texas are in parimaterla, and there is no conflict of law in relation to the medical certificatesand issuance ofmarriage licensesby County Clerks, truly yours,
fc.~zzz ORD C. MARTIN ney General of Texas " Preparedby John H. Banks AssistantAttorney 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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