Texas 2023 - 88th Regular

Texas House Bill HB924 Compare Versions

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11 88R5931 AMF-D
22 By: Rosenthal H.B. No. 924
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the age at which a person in this state may marry.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 2.009(a), Family Code, is amended to
1010 read as follows:
1111 (a) Except as provided by Subsections (b) and (d), the
1212 county clerk may not issue a license if either applicant:
1313 (1) fails to provide the information required by this
1414 subchapter;
1515 (2) fails to submit proof of age and identity;
1616 (3) is under 18 years of age, regardless of whether the
1717 applicant has been granted by this state or another state [and has
1818 not presented:
1919 [(A)] a court order [granted by this state under
2020 Chapter 31] removing the disabilities of minority of the applicant
2121 for general purposes; [or
2222 [(B) if the applicant is a nonresident minor, a
2323 certified copy of an order removing the disabilities of minority of
2424 the applicant for general purposes filed with this state under
2525 Section 31.007;]
2626 (4) checks "false" in response to a statement in the
2727 application, except as provided by Subsection (b) or (d), or fails
2828 to make a required declaration in an affidavit required of an absent
2929 applicant; or
3030 (5) indicates that the applicant has been divorced
3131 within the last 30 days, unless:
3232 (A) the applicants were divorced from each other;
3333 or
3434 (B) the prohibition against remarriage is waived
3535 as provided by Section 6.802.
3636 SECTION 2. Section 2.101, Family Code, is amended to read as
3737 follows:
3838 Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not
3939 issue a marriage license if either applicant is under 18 years of
4040 age, regardless of whether the [unless each] underage applicant
4141 [shows that the applicant] has been granted by this state or another
4242 state a court order removing the disabilities of minority of the
4343 applicant for general purposes.
4444 SECTION 3. Section 6.205, Family Code, is amended to read as
4545 follows:
4646 Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
4747 party to the marriage is younger than 18 years of age, regardless of
4848 whether [unless] a court order removing the disabilities of
4949 minority of the party for general purposes has been obtained in this
5050 state or in another state.
5151 SECTION 4. Section 2.003, Family Code, is repealed.
5252 SECTION 5. (a) Chapter 2, Family Code, as amended by this
5353 Act, applies only to an application for a marriage license filed on
5454 or after the effective date of this Act. An application filed
5555 before that date is governed by the law in effect on the date the
5656 application was filed, and the former law is continued in effect for
5757 that purpose.
5858 (b) Section 6.205, Family Code, as amended by this Act,
5959 applies only to a marriage entered into on or after the effective
6060 date of this Act. A marriage entered into before that date is
6161 governed by the law in effect on the date the marriage was entered
6262 into, and the former law is continued in effect for that purpose.
6363 SECTION 6. This Act takes effect September 1, 2023.