89R21374 AMF-F
By: Dutton H.B. No. 2240
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 putative spouse:
(1) did not know that the later marriage was entered
into when the other party had an existing marriage;
(2) has not lived together with the other party as
spouses or represented himself or herself as married since the date
the putative spouse knew the later marriage was entered into when
the other party had an existing marriage; and
(3) files a suit to declare the later marriage void not
later than the 30th day after the date the putative spouse knew that
the later 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.
(b) A putative spouse may file a suit to declare a decree of
divorce or annulment void under Subsection (a).
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, 2025.