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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which a person in this state may marry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.009(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (d), the |
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county clerk may not issue a license if either applicant: |
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(1) fails to provide the information required by this |
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subchapter; |
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(2) fails to submit proof of age and identity; |
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(3) is under 18 years of age, regardless of whether the |
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applicant has been granted by this state or another state [and has |
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not presented: |
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[(A)] a court order [granted by this state under |
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Chapter 31] removing the disabilities of minority of the applicant |
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for general purposes; [or |
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[(B) if the applicant is a nonresident minor, a |
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certified copy of an order removing the disabilities of minority of |
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the applicant for general purposes filed with this state under |
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Section 31.007;] |
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(4) checks "false" in response to a statement in the |
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application, except as provided by Subsection (b) or (d), or fails |
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to make a required declaration in an affidavit required of an absent |
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applicant; or |
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(5) indicates that the applicant has been divorced |
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within the last 30 days, unless: |
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(A) the applicants were divorced from each other; |
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or |
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(B) the prohibition against remarriage is waived |
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as provided by Section 6.802. |
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SECTION 2. Section 2.101, Family Code, is amended to read as |
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follows: |
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Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not |
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issue a marriage license if either applicant is under 18 years of |
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age, regardless of whether the [unless each] underage applicant |
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[shows that the applicant] has been granted by this state or another |
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state a court order removing the disabilities of minority of the |
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applicant for general purposes. |
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SECTION 3. Section 6.205, Family Code, is amended to read as |
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follows: |
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Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either |
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party to the marriage is younger than 18 years of age, regardless of |
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whether [unless] a court order removing the disabilities of |
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minority of the party for general purposes has been obtained in this |
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state or in another state. |
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SECTION 4. Section 2.003, Family Code, is repealed. |
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SECTION 5. (a) Chapter 2, Family Code, as amended by this |
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Act, applies only to an application for a marriage license filed on |
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or after the effective date of this Act. An application filed |
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before that date is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(b) Section 6.205, Family Code, as amended by this Act, |
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applies only to a marriage entered into on or after the effective |
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date of this Act. A marriage entered into before that date is |
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governed by the law in effect on the date the marriage was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |