BILL ANALYSIS C.S.H.B. 336 By: Goodman April 12, 1995 Committee Report (Substituted) BACKGROUND This legislation addresses a recommendation of the Joint Interim Committee on the Family Code regarding Title 1, Family Code. Title 1 pertains to the inception and termination of the marriage relationship, the rights and duties of husband and wife and their respective property rights and liabilities. This legislation includes a provision regarding common-law (informal) marriage. PURPOSE As proposed, CSHB 336 amends Title 1, Family Code, to clarify provisions regarding common-law marriages. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.91(b), Family Code, to provide that if an action to prove a common-law (informal) marriage which has not been "declared" by the parties filing a formal declaration of informal marriage with the county clerk is not brought before the second anniversary of the date that the parties separated and ceased living together, it is rebuttably presumed that the parties did not agree to be married, which is a necessary element of proof for the court to find a common-law marriage. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency Clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 1 of CSHB 336 regarding common law marriages is identical to SECTION 2 of HB 336. CSHB 336 deletes the following from HB 336: SECTION 1 relating to applications for marriage licenses, SECTION 3 relating to the transfer of property and debts while a divorce action is pending, SECTION 4 prohibiting discrimination in the conducting of marriage ceremonies, and SECTION 5 repealing Sections 1.83(c) and (d) and 3.57 of the Family Code. SUMMARY OF COMMITTEE ACTION The 5 day posting rule was suspended on 11 April 1995 and H.B. 336 was considered in a formal meeting on that date. The committee considered a substitute which was adopted without objection. H.B. 336 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of 8 ayes, 0 nays, 0 pnv and 1 absent.