Honorable Joe Resweber 

County Attorney 

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 

certificates and the issuance 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,,show that 

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 conflict 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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