Bill Text: TX HB869 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the issuance of a marriage license for an absent applicant, the participation of a proxy in certain marriage ceremonies, and the maintenance and submission of records relating to a marriage license issued for an absent applicant.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB869 Detail]
Download: Texas-2013-HB869-Enrolled.html
H.B. No. 869 |
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relating to the issuance of a marriage license for an absent | ||
applicant, the participation of a proxy in certain marriage | ||
ceremonies, and the maintenance and submission of records relating | ||
to a marriage license issued for an absent applicant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2.006(c), Family Code, is amended to | ||
read as follows: | ||
(c) Notwithstanding Subsection (a), the clerk may not issue | ||
a marriage license for which both applicants are absent unless the | ||
person applying on behalf of each absent applicant provides to the | ||
clerk an affidavit of the applicant declaring that the applicant | ||
is[ |
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the United States stationed in another country in support of combat | ||
or another military operation [ |
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SECTION 2. Section 2.007, Family Code, is amended to read as | ||
follows: | ||
Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit | ||
of an absent applicant must include: | ||
(1) the absent applicant's full name, including the | ||
maiden surname of a female applicant, address, date of birth, place | ||
of birth, including city, county, and state, citizenship, and | ||
social security number, if any; | ||
(2) a declaration that the absent applicant has not | ||
been divorced within the last 30 days; | ||
(3) a declaration that the absent applicant is: | ||
(A) not presently married; or | ||
(B) married to the other applicant and they wish | ||
to marry again; | ||
(4) a declaration that the other applicant is not | ||
presently married and is not related to the absent applicant as: | ||
(A) an ancestor or descendant, by blood or | ||
adoption; | ||
(B) a brother or sister, of the whole or half | ||
blood or by adoption; | ||
(C) a parent's brother or sister, of the whole or | ||
half blood or by adoption; | ||
(D) a son or daughter of a brother or sister, of | ||
the whole or half blood or by adoption; | ||
(E) a current or former stepchild or stepparent; | ||
or | ||
(F) a son or daughter of a parent's brother or | ||
sister, of the whole or half blood or by adoption; | ||
(5) a declaration that the absent applicant desires to | ||
marry and the name, age, and address of the person to whom the | ||
absent applicant desires to be married; | ||
(6) the approximate date on which the marriage is to | ||
occur; | ||
(7) the reason the absent applicant is unable to | ||
appear personally before the county clerk for the issuance of the | ||
license; and | ||
(8) [ |
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applicant, to act as proxy for the purpose of participating in the | ||
ceremony, if the absent applicant is: | ||
(A) a member of the armed forces of the United | ||
States stationed in another country in support of combat or another | ||
military operation; and | ||
(B) unable to attend the ceremony. | ||
SECTION 3. Subchapter A, Chapter 2, Family Code, is amended | ||
by adding Section 2.0071 to read as follows: | ||
Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO | ||
LICENSE FOR ABSENT APPLICANT. A county clerk who issues a marriage | ||
license for an absent applicant shall maintain the affidavit of the | ||
absent applicant and the application for the marriage license in | ||
the same manner that the clerk maintains an application for a | ||
marriage license submitted by two applicants in person. | ||
SECTION 4. Section 2.203(b), Family Code, is amended to | ||
read as follows: | ||
(b) A person [ |
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to marriage by the appearance of a proxy appointed in the affidavit | ||
authorized by Subchapter A if the person is: | ||
(1) a member of the armed forces of the United States | ||
stationed in another country in support of combat or another | ||
military operation; and | ||
(2) unable to attend the ceremony. | ||
SECTION 5. Section 194.001(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The county clerk shall file with the bureau of vital | ||
statistics a copy of each completed marriage license application | ||
and a copy of any affidavit of an absent applicant submitted with an | ||
application. The clerk shall file the copies [ |
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the 90th day after the date of the application. The clerk may not | ||
collect a fee for filing the copies [ |
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SECTION 6. Sections 2.006 and 2.007, Family Code, as | ||
amended by this Act, apply 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. | ||
SECTION 7. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 869 was passed by the House on April | ||
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 869 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |