BILL ANALYSIS


                                                         H.B. 336
                                             By: Goodman (Harris)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

Title 1 of the Family Code relates to the inception of termination
of the marriage relationship, the rights and duties of husband and
wife, and the property rights and liabilities of the married
parties.  The Joint Interim Committee on the Family Code made
several recommendations regarding Title 1.

PURPOSE

As proposed, H.B. 336 clarifies provisions regarding common-law
marriages.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.91(b), Family Code, to provide that if
a proceeding in which a marriage is to be proved under Subsection
(a)(2) is not commenced before the second anniversary of the date
on which the parties separated and ceased living together, rather
than not later than one year after the relationship ended or one
year after September 1, 1989, it is rebuttably presumed that the
parties did not enter into an agreement to be married.

SECTION 2. (a) Effective date: September 1, 1995.

     (b) Makes application of this Act prospective.
     
     (c) Provides that the change made by this Act does not permit
     an action to be commenced on or after the effective date of
     this Act to prove the existence of an informal marriage for
     which an action was barred before the effective date for
     failure to bring the action before the first anniversary of
     the date the relationship ended.
SECTION 3. Emergency clause.