BILL ANALYSIS

Senate Research Center	H.B. 4183
88R12373 PRL-D	By: Price; Lujan (Sparks)
	Jurisprudence
	5/16/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law does not provide legal authority for a justice of the peace to consider and enter a waiver permitting a marriage ceremony to take place during the 72-hour period immediately following the issuance of a marriage license. In order for a justice of the peace to perform a wedding within that period, approval must be obtained in the form of a written waiver from a judge of a court with jurisdiction in family law cases, a justice of the Supreme Court of Texas, a judge of the Texas Court of Criminal Appeals, a county judge, or a judge of a court of appeals. Justices of the peace often have difficulty obtaining such written waivers given numerous matters, including heavy dockets and competing judicial priorities.

H.B. 4183 seeks to address this issue by allowing a justice of the peace to consider an applicant's request for a waiver of the waiting period provided the justice finds good cause for the marriage to take place during that period and signs the waiver.

H.B. 4183 amends current law relating to a waiver of the waiting period for a marriage ceremony.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.204(c), Family Code, as follows:

(c)  Authorizes an applicant to request a judge of a court with jurisdiction in family law cases, a justice of the Supreme Court of Texas, a judge of the Texas Court of Criminal Appeals, a county judge, a judge of a court of appeals, or a justice of the peace for a written waiver permitting the marriage ceremony to take place during the 72-hour period immediately following the issuance of the marriage license. Requires the judge or justice to sign the waiver if the judge or justice finds that there is good cause for the marriage to take place during the period. Provides that a judge or justice under Section 2.204 (72-Hour Waiting Period; Exceptions) has the authority to sign a waiver under this section, notwithstanding any other provision of law. Makes a nonsubstantive change.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.