BILL ANALYSIS H.B. 4183 By: Price Juvenile Justice & Family Issues Committee Report (Unamended) BACKGROUND AND PURPOSE Current law does not provide legal authority for a justice of the peace to consider and enter a waiver permitting a marriage ceremony to take place during the 72-hour period immediately following the issuance of a marriage license. In order for a justice of the peace to perform a wedding within that period, approval must be obtained in the form of a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the Texas Supreme Court, a judge of the Court of Criminal Appeals, a county judge, or a judge of a court of appeals. Justices of the peace often have difficulty obtaining such written waivers given numerous matters, including heavy dockets and competing judicial priorities. H.B. 4183 seeks to address this issue by allowing a justice of the peace to consider an applicant's request for a waiver of the waiting period provided the justice finds good cause for the marriage to take place during that period and signs the waiver. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 4183 amends the Family Code to include a justice of the peace among the judges and justices who may provide, upon request, a written waiver of the 72-hour waiting period required following the issuance of a marriage license before a marriage ceremony may take place that permits the ceremony to take place during that 72-hour period. The bill applies only to a marriage ceremony for which a marriage license application is filed on or after the bill's effective date. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 4183
By: Price
Juvenile Justice & Family Issues
Committee Report (Unamended)
H.B. 4183
By: Price
Juvenile Justice & Family Issues
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current law does not provide legal authority for a justice of the peace to consider and enter a waiver permitting a marriage ceremony to take place during the 72-hour period immediately following the issuance of a marriage license. In order for a justice of the peace to perform a wedding within that period, approval must be obtained in the form of a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the Texas Supreme Court, a judge of the Court of Criminal Appeals, a county judge, or a judge of a court of appeals. Justices of the peace often have difficulty obtaining such written waivers given numerous matters, including heavy dockets and competing judicial priorities. H.B. 4183 seeks to address this issue by allowing a justice of the peace to consider an applicant's request for a waiver of the waiting period provided the justice finds good cause for the marriage to take place during that period and signs the waiver.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 4183 amends the Family Code to include a justice of the peace among the judges and justices who may provide, upon request, a written waiver of the 72-hour waiting period required following the issuance of a marriage license before a marriage ceremony may take place that permits the ceremony to take place during that 72-hour period. The bill applies only to a marriage ceremony for which a marriage license application is filed on or after the bill's effective date.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
Current law does not provide legal authority for a justice of the peace to consider and enter a waiver permitting a marriage ceremony to take place during the 72-hour period immediately following the issuance of a marriage license. In order for a justice of the peace to perform a wedding within that period, approval must be obtained in the form of a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the Texas Supreme Court, a judge of the Court of Criminal Appeals, a county judge, or a judge of a court of appeals. Justices of the peace often have difficulty obtaining such written waivers given numerous matters, including heavy dockets and competing judicial priorities. H.B. 4183 seeks to address this issue by allowing a justice of the peace to consider an applicant's request for a waiver of the waiting period provided the justice finds good cause for the marriage to take place during that period and signs the waiver.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 4183 amends the Family Code to include a justice of the peace among the judges and justices who may provide, upon request, a written waiver of the 72-hour waiting period required following the issuance of a marriage license before a marriage ceremony may take place that permits the ceremony to take place during that 72-hour period. The bill applies only to a marriage ceremony for which a marriage license application is filed on or after the bill's effective date.
EFFECTIVE DATE
September 1, 2023.