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.