Texas 2025 - 89th Regular

Texas Senate Bill SB1280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R488 AMF-D
2	2	By: Parker S.B. No. 1280
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the age at which a person in this state may marry.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2.009(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) Except as provided by Subsections (b) and (d), the
14	14	county clerk may not issue a license if either applicant:
15	15	(1) fails to provide the information required by this
16	16	subchapter;
17	17	(2) fails to submit proof of age and identity;
18	18	(3) is under 18 years of age, regardless of whether the
19	19	applicant has been granted by this state or another state [and has
20	20	not presented:
21	21	[(A)] a court order [granted by this state under
22	22	Chapter 31] removing the disabilities of minority of the applicant
23	23	for general purposes; [or
24	24	[(B) if the applicant is a nonresident minor, a
25	25	certified copy of an order removing the disabilities of minority of
26	26	the applicant for general purposes filed with this state under
27	27	Section 31.007;]
28	28	(4) checks "false" in response to a statement in the
29	29	application, except as provided by Subsection (b) or (d), or fails
30	30	to make a required declaration in an affidavit required of an absent
31	31	applicant; or
32	32	(5) indicates that the applicant has been divorced
33	33	within the last 30 days, unless:
34	34	(A) the applicants were divorced from each other;
35	35	or
36	36	(B) the prohibition against remarriage is waived
37	37	as provided by Section 6.802.
38	38	SECTION 2. Section 2.101, Family Code, is amended to read as
39	39	follows:
40	40	Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not
41	41	issue a marriage license if either applicant is under 18 years of
42	42	age, regardless of whether the [unless each] underage applicant
43	43	[shows that the applicant] has been granted by this state or another
44	44	state a court order removing the disabilities of minority of the
45	45	applicant for general purposes.
46	46	SECTION 3. Section 6.205, Family Code, is amended to read as
47	47	follows:
48	48	Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
49	49	party to the marriage is younger than 18 years of age, regardless of
50	50	whether [unless] a court order removing the disabilities of
51	51	minority of the party for general purposes has been obtained in this
52	52	state or in another state.
53	53	SECTION 4. Section 2.003, Family Code, is repealed.
54	54	SECTION 5. (a) Chapter 2, Family Code, as amended by this
55	55	Act, applies only to an application for a marriage license filed on
56	56	or after the effective date of this Act. An application filed
57	57	before that date is governed by the law in effect on the date the
58	58	application was filed, and the former law is continued in effect for
59	59	that purpose.
60	60	(b) Section 6.205, Family Code, as amended by this Act,
61	61	applies only to a marriage entered into on or after the effective
62	62	date of this Act. A marriage entered into before that date is
63	63	governed by the law in effect on the date the marriage was entered
64	64	into, and the former law is continued in effect for that purpose.
65	65	SECTION 6. This Act takes effect September 1, 2025.