By: Seidlits H.B. No. 2226
73R4107 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain courts to waive the
1-3 restriction that a marriage ceremony not take place during the
1-4 72-hour period immediately following the issuance of a marriage
1-5 license.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1.82, Family Code, is amended by amending
1-8 Subsections (c) and (d) and adding Subsections (e) and (f) to read
1-9 as follows:
1-10 (c) The marriage ceremony may not take place during a
1-11 72-hour period immediately following the issuance of the marriage
1-12 license unless:
1-13 (1) an applicant is a member of the armed forces of
1-14 the United States and is on active duty; or
1-15 (2) an applicant obtains an order of a <district>
1-16 court as provided by Subsection (d) of this section.
1-17 (d) An applicant may request a district court, <or> a
1-18 statutory county court granted jurisdiction in civil cases or
1-19 family law cases and proceedings under <by> Chapter 25, Government
1-20 Code, or a justice court for an order permitting the marriage
1-21 ceremony to take place during a 72-hour period immediately
1-22 following the issuance of the marriage license. The court may
1-23 grant an early hearing on the request and shall grant the order if
1-24 the court finds that there is good cause for the marriage to take
2-1 place during the 72-hour period.
2-2 (e) A court shall issue an order under this section under
2-3 the seal of the court.
2-4 (f) A judge or a justice of the peace may not charge an
2-5 additional fee for the issuance of an order under this section if
2-6 the clerk of court for that court charged a fee for the issuance of
2-7 a marriage license for the same marriage.
2-8 SECTION 2. This Act takes effect September 1, 1993, and
2-9 applies to a marriage license without regard to whether the
2-10 marriage license was issued before, on, or after that date.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.