Texas 2015 - 84th Regular

Texas Senate Bill SB1120 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7773 EES-D
2	2	By: Taylor of Collin S.B. No. 1120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application for and issuance of a marriage license
8	8	and the marriage of a minor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2.003, Family Code, is amended to read as
11	11	follows:
12	12	Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition
13	13	to the other requirements provided by this chapter, a person 16
14	14	years of age or older but under 18 years of age applying for a
15	15	license must provide to the county clerk:
16	16	(1) both:
17	17	(A) documents establishing, as provided by
18	18	Section 2.102, parental consent for the person to the marriage; and
19	19	(B) a court order granted under Section 2.103
20	20	authorizing the marriage of the person; or
21	21	(2) documents establishing that a prior marriage of
22	22	the person has been dissolved[; or
23	23	[(3) a court order granted under Section 2.103
24	24	authorizing the marriage of the person].
25	25	SECTION 2. Sections 2.006(a) and (b), Family Code, are
26	26	amended to read as follows:
27	27	(a) If an applicant who is 18 years of age or older is unable
28	28	to appear personally before the county clerk to apply for a marriage
29	29	license, any adult person or the other applicant may apply on behalf
30	30	of the absent applicant.
31	31	(b) The person applying on behalf of an absent applicant
32	32	shall provide to the clerk:
33	33	(1) notwithstanding Section 132.001, Civil Practice
34	34	and Remedies Code, the notarized affidavit of the absent applicant
35	35	as provided by this subchapter; and
36	36	(2) proof of the identity and age of the absent
37	37	applicant under Section 2.005(b)[; and
38	38	[(3) if required because the absent applicant is a
39	39	person under 18 years of age, documents establishing that a prior
40	40	marriage has been dissolved, a court order authorizing the marriage
41	41	of the absent, underage applicant, or documents establishing
42	42	consent by a parent or a person who has legal authority to consent
43	43	to the marriage, including:
44	44	[(A) proof of identity of the parent or person
45	45	with legal authority to consent to the marriage under Section
46	46	2.005(b); and
47	47	[(B) proof that the parent or person has the
48	48	legal authority to consent to the marriage for the applicant under
49	49	rules adopted under Section 2.102(j)].
50	50	SECTION 3. Section 2.009(a), Family Code, is amended to
51	51	read as follows:
52	52	(a) Except as provided by Subsections (b) and (d), the
53	53	county clerk may not issue a license if either applicant:
54	54	(1) fails to provide the information required by this
55	55	subchapter;
56	56	(2) fails to submit proof of age and identity;
57	57	(3) [is under 16 years of age and has not been granted
58	58	a court order as provided by Section 2.103;
59	59	[(4)] is 16 years of age or older but under 18 years of
60	60	age and has not presented [at least one of the following]:
61	61	(A) both:
62	62	(i) parental consent as provided by Section
63	63	2.102; and
64	64	(ii) a court order as provided by Section
65	65	2.103; or
66	66	(B) documents establishing that a prior marriage
67	67	of the applicant has been dissolved[; or
68	68	[(C) a court order as provided by Section 2.103];
69	69	(4) [(5)] checks "false" in response to a statement in
70	70	the application, except as provided by Subsection (b) or (d), or
71	71	fails to make a required declaration in an affidavit required of an
72	72	absent applicant; or
73	73	(5) [(6)] indicates that the applicant has been
74	74	divorced within the last 30 days, unless:
75	75	(A) the applicants were divorced from each other;
76	76	or
77	77	(B) the prohibition against remarriage is waived
78	78	as provided by Section 6.802.
79	79	SECTION 4. Subchapter B, Chapter 2, Family Code, is amended
80	80	by adding Section 2.1015 to read as follows:
81	81	Sec. 2.1015. PARENTAL CONSENT AND COURT ORDER FOR UNDERAGE
82	82	APPLICANT REQUIRED. If an applicant is 16 years of age or older but
83	83	under 18 years of age, the county clerk may only issue a marriage
84	84	license if:
85	85	(1) parental consent is given as provided by Section
86	86	2.102; and
87	87	(2) a court grants the applicant permission to marry
88	88	as provided by Section 2.103.
89	89	SECTION 5. Section 2.102, Family Code, is amended by
90	90	amending Subsections (a), (b), (d), and (e) and adding Subsections
91	91	(a-1) and (b-1) to read as follows:
92	92	(a) Except as provided by Subsection (a-1), the county clerk
93	93	may not issue a marriage license for an underage applicant unless
94	94	consent is given by each living parent of the applicant and any
95	95	person who has the court-ordered right to consent to marriage for
96	96	the applicant [If an applicant is 16 years of age or older but under
97	97	18 years of age, the county clerk shall issue the license if
98	98	parental consent is given as provided by this section].
99	99	(a-1) Consent is not required to be given by a parent of an
100	100	underage applicant if the parent:
101	101	(1) is incarcerated in jail or prison;
102	102	(2) has been found by a court to be incompetent;
103	103	(3) does not have actual or court-ordered possession
104	104	of or access to the applicant; or
105	105	(4) because of illness or other incapacity, lacks the
106	106	capacity to consent.
107	107	(b) Parental consent must be evidenced by a written
108	108	declaration on a form supplied by the county clerk in which the
109	109	person consents to the marriage and swears that the person is a
110	110	parent [(if there is no person who has the court-ordered right to
111	111	consent to marriage for the applicant)] or a person who has the
112	112	court-ordered right to consent to marriage for the applicant
113	113	[(whether an individual, authorized agency, or court)].
114	114	(b-1) If the parent of an underage applicant is deceased or
115	115	not required to give consent under Subsection (a-1), the applicant
116	116	shall submit an affidavit to the county clerk stating that the
117	117	parent is deceased or the reason the parent's consent is not
118	118	required.
119	119	(d) If a [the] person giving parental consent resides in
120	120	another state, the consent may be acknowledged before an officer
121	121	authorized to issue marriage licenses in that state.
122	122	(e) If a [the] person giving parental consent is unable
123	123	because of illness or incapacity to comply with the provisions of
124	124	Subsection (c) or (d), the consent may be acknowledged before any
125	125	officer authorized to take acknowledgments. A consent under this
126	126	subsection must be accompanied by a physician's affidavit stating
127	127	that the person giving parental consent is unable to comply because
128	128	of illness or incapacity.
129	129	SECTION 6. Section 2.103(a), Family Code, is amended to
130	130	read as follows:
131	131	(a) A minor who is 16 years of age or older may petition the
132	132	court in the minor's own name for an order granting permission to
133	133	marry. In a suit under this section, the trial judge may advance the
134	134	suit if the best interest of the applicant would be served by an
135	135	early hearing.
136	136	SECTION 7. Section 6.205, Family Code, is amended to read as
137	137	follows:
138	138	Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
139	139	party to the marriage is younger than 16 years of age[, unless a
140	140	court order has been obtained under Section 2.103].
141	141	SECTION 8. Subchapter D, Chapter 261, Family Code, is
142	142	amended by adding Section 261.318 to read as follows:
143	143	Sec. 261.318. INVESTIGATION OF PENDING FORCED OR COERCED
144	144	MARRIAGE. The department shall make a prompt and thorough
145	145	investigation of a report of a child being forced or coerced into
146	146	entering a marriage. The department may remove the child from the
147	147	child's home and place the child in substitute care as provided by
148	148	this subtitle if the department determines that removal and
149	149	substitute care are in the best interest of the child and necessary
150	150	to prevent the pending forced or coerced marriage.
151	151	SECTION 9. (a) Sections 2.003, 2.006, 2.009, and 2.102,
152	152	Family Code, as amended by this Act, and Section 2.1015, Family
153	153	Code, as added by this Act, apply only to an application for a
154	154	marriage license filed on or after the effective date of this Act.
155	155	An application filed before that date is governed by the law in
156	156	effect on the date the application was filed, and the former law is
157	157	continued in effect for that purpose.
158	158	(b) Section 2.103, Family Code, as amended by this Act,
159	159	applies only to a suit under that section filed on or after the
160	160	effective date of this Act. A suit filed before that date is
161	161	governed by the law in effect on the date the suit was filed, and the
162	162	former law is continued in effect for that purpose.
163	163	(c) Section 6.205, Family Code, as amended by this Act,
164	164	applies only to a marriage entered into on or after the effective
165	165	date of this Act. A marriage entered into before that date is
166	166	governed by the law in effect on the date the marriage was entered
167	167	into, and the former law is continued in effect for that purpose.
168	168	SECTION 10. This Act takes effect September 1, 2015.