88R10889 AMF-F
By: Dutton H.B. No. 3431
A BILL TO BE ENTITLED
AN ACT
relating to certain void marriages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.202(b), Family Code, is amended to
read as follows:
(b) The later marriage that is void under this section
becomes valid when the prior marriage is dissolved if, after the
date of the dissolution, the parties have lived together as husband
and wife and represented themselves to others as being married,
unless a party did not know, and a reasonably prudent person would
not have known, that the later void marriage was entered into when
the other party had an existing marriage.
SECTION 2. Chapter 9, Family Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. DECLARING A DECREE VOID
Sec. 9.401. LACK OF JURISDICTION. (a) A decree of divorce
or annulment is void if the court rendering the decree lacked
jurisdiction at the time the decree was rendered because the
marriage that was the subject of the decree was void under the laws
of the jurisdiction in which the marriage was entered into.
(b) Any person may bring a suit to declare a decree of
divorce or annulment void under Subsection (a) if the person has
sustained or will sustain direct injury if the decree is not voided.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.