BILL ANALYSIS



C.S.H.B. 1754
By: Crabb
03-24-95
Committee Report (Substituted)


BACKGROUND

The Family Code currently authorizes only district and county
judges to waive, upon finding good cause, the required 72-hour
waiting period following the issuance of a marriage license. 
According the Office of Court Administration, there are currently
575 district and statutory county courts and 98 appellate court
judges.  Expanding this jurisdiction to include the appellate court
judges would represent only a 17 percent increase in those
authorized to grant the waiver. 

PURPOSE

As substituted, CSHB 1754 expands the current authority to waive
the waiting period requirement to include the state appellate
courts.

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 Sections 1.82(c) and (d), Family Code, as
           follows:

     Sec. 1.82(c) Prohibits a marriage ceremony to take place
     during the waiting period unless an applicant obtains a waiver
     under Subsection (d) of this section.

           (d) Requires a judge of a district or county court, a
           justice of the supreme court, a judge of the court of
           criminal appeals or a court of appeals to grant a waiver
           upon request of an applicant and upon finding good
           cause.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

As filed, HB 1754 grants waiver authority of the 72-hour waiting
period requirement to any judge authorized to conduct a marriage
ceremony under Section 1.83(d) of the Family Code.  The substitute
only expands the current jurisdiction to the state appellate
courts.

SUMMARY OF COMMITTEE ACTION

H.B. 1754 was considered in a public hearing on 22 March 1995.

The following person testified against the bill:
     Jim F. Humphrey, Justices of the Peace and Constables Assn. of
Texas.

Representative Cuellar offered a substitute which was adopted
without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
ayes, 0 nays, 0 pnv, and 4 absent.