89R488 AMF-D
By: Parker S.B. No. 1280
A BILL TO BE ENTITLED
AN ACT
relating to the age at which a person in this state may marry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.009(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsections (b) and (d), the
county clerk may not issue a license if either applicant:
(1) fails to provide the information required by this
subchapter;
(2) fails to submit proof of age and identity;
(3) is under 18 years of age, regardless of whether the
applicant has been granted by this state or another state [and has
not presented:
[(A)] a court order [granted by this state under
Chapter 31] removing the disabilities of minority of the applicant
for general purposes; [or
[(B) if the applicant is a nonresident minor, a
certified copy of an order removing the disabilities of minority of
the applicant for general purposes filed with this state under
Section 31.007;]
(4) checks "false" in response to a statement in the
application, except as provided by Subsection (b) or (d), or fails
to make a required declaration in an affidavit required of an absent
applicant; or
(5) indicates that the applicant has been divorced
within the last 30 days, unless:
(A) the applicants were divorced from each other;
or
(B) the prohibition against remarriage is waived
as provided by Section 6.802.
SECTION 2. Section 2.101, Family Code, is amended to read as
follows:
Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not
issue a marriage license if either applicant is under 18 years of
age, regardless of whether the [unless each] underage applicant
[shows that the applicant] has been granted by this state or another
state a court order removing the disabilities of minority of the
applicant for general purposes.
SECTION 3. Section 6.205, Family Code, is amended to read as
follows:
Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
party to the marriage is younger than 18 years of age, regardless of
whether [unless] a court order removing the disabilities of
minority of the party for general purposes has been obtained in this
state or in another state.
SECTION 4. Section 2.003, Family Code, is repealed.
SECTION 5. (a) Chapter 2, Family Code, as amended by this
Act, applies only to an application for a marriage license filed on
or after the effective date of this Act. An application filed
before that date is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
(b) Section 6.205, Family Code, as amended by this Act,
applies only to a marriage entered into on or after the effective
date of this Act. A marriage entered into before that date is
governed by the law in effect on the date the marriage was entered
into, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.