Bill Text: TX HB3932 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the application for and issuance of a marriage license and the marriage of a minor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-05-12 - Returned to Local & Consent Calendars Comm. [HB3932 Detail]

Download: Texas-2017-HB3932-Introduced.html
  85R5840 JSC-D
 
  By: Thompson of Harris H.B. No. 3932
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application for and issuance of a marriage license
  and the marriage of a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2.003, Family Code, is amended to read as
  follows:
         Sec. 2.003.  APPLICATION FOR LICENSE BY MINOR. (a)  A person
  under 18 years of age may not marry unless the person has been
  granted by this state or another state a court order removing the
  disabilities of minority of the person for general purposes.
         (b)  In addition to the other requirements provided by this
  chapter, a person under 18 years of age applying for a license must
  provide to the county clerk:
               (1)  [documents establishing, as provided by Section
  2.102, parental consent for the person to the marriage;
               [(2)     documents establishing that a prior marriage of
  the person has been dissolved; or
               [(3)]  a court order granted by this state under
  Chapter 31 removing the disabilities of minority of the person for
  general purposes; or
               (2)  if the person is a nonresident minor, a certified
  copy of an order removing the disabilities of minority of the person
  for general purposes filed with this state under Section 31.007 
  [Section 2.103 authorizing the marriage of the person].
         SECTION 2.  Sections 2.006(a) and (b), Family Code, are
  amended to read as follows:
         (a)  If an applicant who is 18 years of age or older is unable
  to appear personally before the county clerk to apply for a marriage
  license, any adult person or the other applicant may apply on behalf
  of the absent applicant.
         (b)  The person applying on behalf of an absent applicant
  shall provide to the clerk:
               (1)  notwithstanding Section 132.001, Civil Practice
  and Remedies Code, the notarized affidavit of the absent applicant
  as provided by this subchapter; and
               (2)  proof of the identity and age of the absent
  applicant under Section 2.005(b)[; and
               [(3)     if required because the absent applicant is a
  person under 18 years of age, documents establishing that a prior
  marriage has been dissolved, a court order authorizing the marriage
  of the absent, underage applicant, or documents establishing
  consent by a parent or a person who has legal authority to consent
  to the marriage, including:
                     [(A)     proof of identity of the parent or person
  with legal authority to consent to the marriage under Section
  2.005(b); and
                     [(B)     proof that the parent or person has the
  legal authority to consent to the marriage for the applicant under
  rules adopted under Section 2.102(j)].
         SECTION 3.  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 16 years of age and has not been granted
  a court order as provided by Section 2.103;
               [(4)]  is [16 years of age or older but] under 18 years
  of age and has not presented [at least one of the following]:
                     (A)  [parental consent as provided by Section
  2.102;
                     [(B)     documents establishing that a prior
  marriage of the applicant has been dissolved; or
                     [(C)]  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 [as provided by Section 2.103];
               (4) [(5)]  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) [(6)]  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 4.  Section 2.101, Family Code, is amended to read as
  follows:
         Sec. 2.101.  GENERAL AGE REQUIREMENT. A [Except as
  otherwise provided by this subchapter or on a showing that a prior
  marriage has been dissolved, a] county clerk may not issue a
  marriage license if either applicant is under 18 years of age,
  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 5.  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 [16] years of age, 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
  [under Section 2.103].
         SECTION 6.  Sections 2.102 and 2.103, Family Code, are
  repealed.
         SECTION 7.  (a) Sections 2.003, 2.006, 2.009, and 2.101,
  Family Code, as amended by this Act, apply 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 8.  This Act takes effect September 1, 2017.
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