BILL ANALYSIS

 

 

Senate Research Center	C.S.H.B. 4183
88R31481 PRL-D	By: Price; Lujan (Sparks)
	Jurisprudence
	5/18/2023
	Committee Report (Substituted)

 

 

 

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.

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.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, an associate judge appointed under Chapter 201 (Associate Judge), an associate judge appointed under Chapter 54A (Associate Judges), Government Code, 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, associate judge, or justice to sign the waiver if the judge, associate judge, or justice finds that there is good cause for the marriage to take place during the period. Provides that a judge, associate 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.

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