By: Ramos H.B. No. 3879
Substitute the following for H.B. No. 3879:
By: Dutton C.S.H.B. No. 3879
A BILL TO BE ENTITLED
AN ACT
relating to the participation of armed forces members in a marriage
ceremony through video conference technology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.007, Family Code, is amended to read as
follows:
Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. (a) The
affidavit of an absent applicant must include:
(1) the absent applicant's full name, including the
maiden surname of a female applicant, address, date of birth, place
of birth, including city, county, and state, citizenship, and
social security number, if any;
(2) a declaration that the absent applicant has not
been divorced within the last 30 days;
(3) a declaration that the absent applicant is:
(A) not presently married; or
(B) married to the other applicant and they wish
to marry again;
(4) a declaration that the other applicant is not
presently married and is not related to the absent applicant as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption;
(5) a declaration that the absent applicant desires to
marry and the name, age, and address of the person to whom the
absent applicant desires to be married;
(6) the approximate date on which the marriage is to
occur; and
(7) the reason the absent applicant is unable to
appear personally before the county clerk for the issuance of the
license[; and
[(8) the appointment of any adult, other than the
other applicant, to act as proxy for the purpose of participating in
the ceremony, if the absent applicant is:
[(A) a member of the armed forces of the United
States stationed in another country in support of combat or another
military operation; and
[(B) unable to attend the ceremony].
(b) In addition to the requirements of Subsection (a), an
absent applicant who is a member of the armed forces of the United
States stationed in another country in support of combat or another
military operation who is unable to attend the marriage ceremony
authorized under Section 2.203 shall include in the applicant's
affidavit:
(1) the appointment of any adult, other than the other
applicant, to act as proxy for the purpose of participating in the
ceremony; or
(2) a statement indicating that the applicant would
prefer to participate in the ceremony through the use of video
conference technology if available.
SECTION 2. Section 2.203(b), Family Code, is amended to
read as follows:
(b) A person described by Section 2.007(b) may:
(1) assent to marriage by the appearance of the [a]
proxy appointed in the affidavit authorized by Subchapter A; or
(2) participate in the ceremony through the use of
video conference technology [if the person is:
[(1) a member of the armed forces of the United States
stationed in another country in support of combat or another
military operation; and
[(2) unable to attend the ceremony].
SECTION 3. Subchapter C, Chapter 27, Government Code, is
amended by adding Section 27.062 to read as follows:
Sec. 27.062. VIDEO CONFERENCE TECHNOLOGY. For purposes of
Section 2.203(b), Family Code, an office of the justice of the peace
that has video conference technology for courtroom use may make
that technology available for use in a ceremony conducted by the
justice of the peace presiding over the court in which the
technology exists.
SECTION 4. This Act takes effect September 1, 2019.