Bill Text: TX SB1705 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the application for and issuance of a marriage license and the marriage of a minor.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1705 Detail]
Download: Texas-2017-SB1705-Enrolled.html
S.B. No. 1705 |
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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) [ |
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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 | ||
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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)[ |
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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) [ |
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of age and has not presented [ |
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(A) [ |
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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 [ |
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(4) [ |
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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) [ |
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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 [ |
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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 [ |
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court order removing the disabilities of minority of the party for | ||
general purposes has been obtained in this state or in another state | ||
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1705 passed the Senate on | ||
May 4, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1705 passed the House on | ||
May 19, 2017, by the following vote: Yeas 138, Nays 6, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |