- Should a doctor make a blood test before certl- fylng a man to be tree from venereal disease for a marriage llcenae. This will aOknOwledgc receipt Of your letter Of

January 4th. 1939, addressed to the Attorney Oenaral, whioh has been referred to the writer for consideration and reply. You rcqueat an opinion of this department in rc- aponse to the following question: T?hare a party 1s seeking a~health certl- ficate in order to get his marriage llcenaa, la a doctor requlrad to make a blood test?* Your attention is direotad to Artlola 46490, Be- vised Civil Statutes oi.Texae, whfoh provides as follows: Weiore the 'oocnty olerk shall issue any marriage lioenee, the man shell produce a cer- tificate from a reputable licensed physlclsn to show that he 1s free from all venereal dlseaaes." There having been no court declslons construing the above ar- ticle, se ara confined to the coqstruction and the meanin Of its nprda. *2 Hon. A. Ji Bpn; Jr.; Jannery 84, 1939. Pago 2 It..wll$ be noted the loglslature did not &eolfy or partloularlre any oertaln means or method by whloh the "reputable lloenoed phyeloian" should dotormlne his flnd- .lqa. There la no definite teat preacrlbed. The physlofan moklng the oertifloate must, under tha terms of the anaot- ment, be l refutable" and *lIoensedW. When the oounty olerk is cognizant of thsas two things, it 1s our o9fnIop.hla lnqulry 1s ended. Howhere doe8 the Ieggislature authorize, or requlra, the clerk to 30 beyond the certlfioate ftaelf. Aooordlngly, lf.the aertlfloate be lesoed'by a "reputable licensed physlclan" and if It certlflee the applicant ror license to be Yrekfrom all venereal diseases", If the other statutory requlrementa be met, it Is the duty of the clerk to fcrthwlth'lssuo tha lloonee. Letter oplnlon 30. O-35, written January 13, 1939, la withdrawn end thle one substituted therefor.

,Very 'truly yours ATTO~GEl?&.OFTEX&, _ This oplnlon has been oonsldered In conference, approved, and ordered recorded.

wEIG.?-- . ATTORNEY GL~RAL OF T2XAS