H.B. No. 858




AN ACT

relating to the issuance of a marriage license to applicants who are 
unable to personally appear before the county clerk.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.006, Family Code, is amended by adding 
Subsection (c) 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:
		(1)  on active duty as a member of the armed forces of 
the United States or the state military forces; or
		(2)  confined in a correctional facility, as defined by 
Section 1.07, Penal Code.
	SECTION 2.  This Act takes effect September 1, 2005.                           
	SECTION 3.  The change in law made by this Act applies only 
to an application for a marriage license submitted on or after the 
effective date of this Act.  An application for a marriage license 
submitted before the effective date of this Act is governed by the 
law in effect on the date the application was submitted, and the 
former law is continued in effect for that purpose.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 858 was passed by the House on April 
22, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 858 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor