Texas 2017 - 85th Regular

Texas House Bill HB3932 Compare Versions

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

Old	New	Differences
1	1	85R5840 JSC-D
2	2	By: Thompson of Harris H.B. No. 3932
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. (a) A person
13	13	under 18 years of age may not marry unless the person has been
14	14	granted by this state or another state a court order removing the
15	15	disabilities of minority of the person for general purposes.
16	16	(b) In addition to the other requirements provided by this
17	17	chapter, a person under 18 years of age applying for a license must
18	18	provide to the county clerk:
19	19	(1) [documents establishing, as provided by Section
20	20	2.102, parental consent for the person to the marriage;
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 by this state under
24	24	Chapter 31 removing the disabilities of minority of the person for
25	25	general purposes; or
26	26	(2) if the person is a nonresident minor, a certified
27	27	copy of an order removing the disabilities of minority of the person
28	28	for general purposes filed with this state under Section 31.007
29	29	[Section 2.103 authorizing the marriage of the person].
30	30	SECTION 2. Sections 2.006(a) and (b), Family Code, are
31	31	amended to read as follows:
32	32	(a) If an applicant who is 18 years of age or older is unable
33	33	to appear personally before the county clerk to apply for a marriage
34	34	license, any adult person or the other applicant may apply on behalf
35	35	of the absent applicant.
36	36	(b) The person applying on behalf of an absent applicant
37	37	shall provide to the clerk:
38	38	(1) notwithstanding Section 132.001, Civil Practice
39	39	and Remedies Code, the notarized affidavit of the absent applicant
40	40	as provided by this subchapter; and
41	41	(2) proof of the identity and age of the absent
42	42	applicant under Section 2.005(b)[; and
43	43	[(3) if required because the absent applicant is a
44	44	person under 18 years of age, documents establishing that a prior
45	45	marriage has been dissolved, a court order authorizing the marriage
46	46	of the absent, underage applicant, or documents establishing
47	47	consent by a parent or a person who has legal authority to consent
48	48	to the marriage, including:
49	49	[(A) proof of identity of the parent or person
50	50	with legal authority to consent to the marriage under Section
51	51	2.005(b); and
52	52	[(B) proof that the parent or person has the
53	53	legal authority to consent to the marriage for the applicant under
54	54	rules adopted under Section 2.102(j)].
55	55	SECTION 3. Section 2.009(a), Family Code, is amended to
56	56	read as follows:
57	57	(a) Except as provided by Subsections (b) and (d), the
58	58	county clerk may not issue a license if either applicant:
59	59	(1) fails to provide the information required by this
60	60	subchapter;
61	61	(2) fails to submit proof of age and identity;
62	62	(3) [is under 16 years of age and has not been granted
63	63	a court order as provided by Section 2.103;
64	64	[(4)] is [16 years of age or older but] under 18 years
65	65	of age and has not presented [at least one of the following]:
66	66	(A) [parental consent as provided by Section
67	67	2.102;
68	68	[(B) documents establishing that a prior
69	69	marriage of the applicant has been dissolved; or
70	70	[(C)] a court order granted by this state under
71	71	Chapter 31 removing the disabilities of minority of the applicant
72	72	for general purposes; or
73	73	(B) if the applicant is a nonresident minor, a
74	74	certified copy of an order removing the disabilities of minority of
75	75	the applicant for general purposes filed with this state under
76	76	Section 31.007 [as provided by Section 2.103];
77	77	(4) [(5)] checks "false" in response to a statement in
78	78	the application, except as provided by Subsection (b) or (d), or
79	79	fails to make a required declaration in an affidavit required of an
80	80	absent applicant; or
81	81	(5) [(6)] indicates that the applicant has been
82	82	divorced within the last 30 days, unless:
83	83	(A) the applicants were divorced from each other;
84	84	or
85	85	(B) the prohibition against remarriage is waived
86	86	as provided by Section 6.802.
87	87	SECTION 4. Section 2.101, Family Code, is amended to read as
88	88	follows:
89	89	Sec. 2.101. GENERAL AGE REQUIREMENT. A [Except as
90	90	otherwise provided by this subchapter or on a showing that a prior
91	91	marriage has been dissolved, a] county clerk may not issue a
92	92	marriage license if either applicant is under 18 years of age,
93	93	unless each underage applicant shows that the applicant has been
94	94	granted by this state or another state a court order removing the
95	95	disabilities of minority of the applicant for general purposes.
96	96	SECTION 5. Section 6.205, Family Code, is amended to read as
97	97	follows:
98	98	Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
99	99	party to the marriage is younger than 18 [16] years of age, unless a
100	100	court order removing the disabilities of minority of the party for
101	101	general purposes has been obtained in this state or in another state
102	102	[under Section 2.103].
103	103	SECTION 6. Sections 2.102 and 2.103, Family Code, are
104	104	repealed.
105	105	SECTION 7. (a) Sections 2.003, 2.006, 2.009, and 2.101,
106	106	Family Code, as amended by this Act, apply only to an application
107	107	for a marriage license filed on or after the effective date of this
108	108	Act. An application filed before that date is governed by the law
109	109	in effect on the date the application was filed, and the former law
110	110	is continued in effect for that purpose.
111	111	(b) Section 6.205, Family Code, as amended by this Act,
112	112	applies only to a marriage entered into on or after the effective
113	113	date of this Act. A marriage entered into before that date is
114	114	governed by the law in effect on the date the marriage was entered
115	115	into, and the former law is continued in effect for that purpose.
116	116	SECTION 8. This Act takes effect September 1, 2017.