BILL ANALYSIS


                                                        H.B. 1754
                                            By: Crabb (Henderson)
                                                    Jurisprudence
                                                           5-3-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Family Code authorizes only district and county judges to waive
the required 72-hour waiting period following the issuance of a
marriage license.  According to 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 a 17 percent increase in
those authorized to grant the waiver.

PURPOSE

As proposed, H.B. 1754 expands the list of judges authorized to
waive the required 72-hour waiting period following the issuance of
a marriage license to include a justice of the supreme court or a
judge of the court of criminal appeals or a court of appeals.

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 Sections 1.82(c) and (d), Family Code, to
authorize an applicant for a marriage license to request a justice
of the supreme court, or a judge of the court of criminal appeals
or a court of appeals for a written waiver permitting the marriage
ceremony to take place during a 72-hour period immediately
following the issuance of the marriage license.  Requires the judge
to execute the waiver, rather than authorizing the judge to grant
an early hearing and requiring the judge to grant the order, if the
judge finds that there is good cause for the marriage to take place
during the 72-hour period.  Makes conforming changes.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.