BILL ANALYSIS



H.B. 1138
By: Allen
03-24-95
Committee Report (Unamended)


BACKGROUND

Presently, only district and statutory county courts have the
discretion to waive the 72-hour waiting period between the time a
marriage license is granted and the time of the marriage ceremony.

PURPOSE

H.B. 1138 proposes to allow justice courts the ability to permit a
marriage ceremony that would take place during a 72-hour waiting
period.

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. Subsection (d) is amended to read as follows:
     An applicant may now request a justice court for an order
permitting the marriage  ceremony to take place during the 72 hours
following issuance of the marriage license.

Section 2. Severability Clause

Section 3. Emergency Clause

SUMMARY OF COMMITTEE ACTION

H.B. 1138 was considered by the Committee in a public hearing on 22
March 1995.

The following persons testified in favor of the bill:
     Judge Bruce McDougal, Justice of the Peace, Dallas County,
representing himself;
     Jim F. Humphrey, Justice of the Peace Pct. 1, Clay County,
representing the Justices of  the Peace and Constables Assn. of
Texas Inc.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.