Texas 2017 - 85th Regular

Texas Senate Bill SB1705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1705
	1	+	By: Taylor of Collin S.B. No. 1705
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the application for and issuance of a marriage license
6	8		and the marriage of a minor.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 2.003, Family Code, is amended to read as
9	11		follows:
10	12		Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. (a) A
11	13		person under 18 years of age may not marry unless the person has
12	14		been granted by this state or another state a court order removing
13	15		the disabilities of minority of the person for general purposes.
14	16		(b) In addition to the other requirements provided by this
15	17		chapter, a person under 18 years of age applying for a license must
16	18		provide to the county clerk:
17	19		(1) [documents establishing, as provided by Section
18	20		2.102, parental consent for the person to the marriage;
19	21		[(2) documents establishing that a prior marriage of
20	22		the person has been dissolved; or
21	23		[(3)] a court order granted by this state under
22	24		Chapter 31 removing the disabilities of minority of the person for
23	25		general purposes; or
24	26		(2) if the person is a nonresident minor, a certified
25	27		copy of an order removing the disabilities of minority of the person
26	28		for general purposes filed with this state under Section 31.007
27	29		[Section 2.103 authorizing the marriage of the person].
28	30		SECTION 2. Sections 2.006(a) and (b), Family Code, are
29	31		amended to read as follows:
30	32		(a) If an applicant who is 18 years of age or older is unable
31	33		to appear personally before the county clerk to apply for a marriage
32	34		license, any adult person or the other applicant may apply on behalf
33	35		of the absent applicant.
34	36		(b) The person applying on behalf of an absent applicant
35	37		shall provide to the clerk:
36	38		(1) notwithstanding Section 132.001, Civil Practice
37	39		and Remedies Code, the notarized affidavit of the absent applicant
38	40		as provided by this subchapter; and
39	41		(2) proof of the identity and age of the absent
40	42		applicant under Section 2.005(b)[; and
41	43		[(3) if required because the absent applicant is a
42	44		person under 18 years of age, documents establishing that a prior
43	45		marriage has been dissolved, a court order authorizing the marriage
44	46		of the absent, underage applicant, or documents establishing
45	47		consent by a parent or a person who has legal authority to consent
46	48		to the marriage, including:
47	49		[(A) proof of identity of the parent or person
48	50		with legal authority to consent to the marriage under Section
49	51		2.005(b); and
50	52		[(B) proof that the parent or person has the
51	53		legal authority to consent to the marriage for the applicant under
52	54		rules adopted under Section 2.102(j)].
53	55		SECTION 3. Section 2.009(a), Family Code, is amended to
54	56		read as follows:
55	57		(a) Except as provided by Subsections (b) and (d), the
56	58		county clerk may not issue a license if either applicant:
57	59		(1) fails to provide the information required by this
58	60		subchapter;
59	61		(2) fails to submit proof of age and identity;
60	62		(3) [is under 16 years of age and has not been granted
61	63		a court order as provided by Section 2.103;
62	64		[(4)] is [16 years of age or older but] under 18 years
63	65		of age and has not presented [at least one of the following]:
64	66		(A) [parental consent as provided by Section
65	67		2.102;
66	68		[(B) documents establishing that a prior
67	69		marriage of the applicant has been dissolved; or
68	70		[(C)] a court order granted by this state under
69	71		Chapter 31 removing the disabilities of minority of the applicant
70	72		for general purposes; or
71	73		(B) if the applicant is a nonresident minor, a
72	74		certified copy of an order removing the disabilities of minority of
73	75		the applicant for general purposes filed with this state under
74	76		Section 31.007 [as provided by Section 2.103];
75	77		(4) [(5)] checks "false" in response to a statement in
76	78		the application, except as provided by Subsection (b) or (d), or
77	79		fails to make a required declaration in an affidavit required of an
78	80		absent applicant; or
79	81		(5) [(6)] indicates that the applicant has been
80	82		divorced within the last 30 days, unless:
81	83		(A) the applicants were divorced from each other;
82	84		or
83	85		(B) the prohibition against remarriage is waived
84	86		as provided by Section 6.802.
85	87		SECTION 4. Section 2.101, Family Code, is amended to read as
86	88		follows:
87	89		Sec. 2.101. GENERAL AGE REQUIREMENT. A [Except as
88	90		otherwise provided by this subchapter or on a showing that a prior
89	91		marriage has been dissolved, a] county clerk may not issue a
90	92		marriage license if either applicant is under 18 years of age,
91	93		unless each underage applicant shows that the applicant has been
92	94		granted by this state or another state a court order removing the
93	95		disabilities of minority of the applicant for general purposes.
94	96		SECTION 5. Section 6.205, Family Code, is amended to read as
95	97		follows:
96	98		Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
97	99		party to the marriage is younger than 18 [16] years of age, unless a
98	100		court order removing the disabilities of minority of the party for
99	101		general purposes has been obtained in this state or in another state
100	102		[under Section 2.103].
101	103		SECTION 6. Sections 2.102 and 2.103, Family Code, are
102	104		repealed.
103	105		SECTION 7. (a) Sections 2.003, 2.006, 2.009, and 2.101,
104	106		Family Code, as amended by this Act, apply only to an application
105	107		for a marriage license filed on or after the effective date of this
106	108		Act. An application filed before that date is governed by the law
107	109		in effect on the date the application was filed, and the former law
108	110		is continued in effect for that purpose.
109	111		(b) Section 6.205, Family Code, as amended by this Act,
110	112		applies only to a marriage entered into on or after the effective
111	113		date of this Act. A marriage entered into before that date is
112	114		governed by the law in effect on the date the marriage was entered
113	115		into, and the former law is continued in effect for that purpose.
114	116		SECTION 8. This Act takes effect September 1, 2017.
115		-	______________________________ ______________________________
116		-	President of the Senate Speaker of the House
117		-	I hereby certify that S.B. No. 1705 passed the Senate on
118		-	May 4, 2017, by the following vote: Yeas 30, Nays 1.
119		-	______________________________
120		-	Secretary of the Senate
121		-	I hereby certify that S.B. No. 1705 passed the House on
122		-	May 19, 2017, by the following vote: Yeas 138, Nays 6, two
123		-	present not voting.
124		-	______________________________
125		-	Chief Clerk of the House
126		-	Approved:
127		-	______________________________
128		-	Date
129		-	______________________________
130		-	Governor