H.B. No. 336
1-1 AN ACT
1-2 relating to proceedings to prove certain informal marriages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.91(b), Family Code, is amended to read
1-5 as follows:
1-6 (b) If a <A> proceeding in which a marriage is to be proved
1-7 under Subsection (a)(2) is not <this section must be> commenced
1-8 before the second anniversary of <not later than one year after>
1-9 the date on which the parties separated and ceased living together,
1-10 it is rebuttably presumed that the parties did not enter into an
1-11 agreement to be married <relationship ended or not later than one
1-12 year after September 1, 1989, whichever is later>.
1-13 SECTION 2. (a) This Act takes effect September 1, 1995.
1-14 (b) The change in law made by this Act to a suit brought to
1-15 prove the existence of an informal marriage applies only to a suit
1-16 commenced on or after the effective date of this Act. A suit
1-17 commenced before that date is governed by the law in effect on the
1-18 date the suit was commenced and the former law is continued in
1-19 effect for that purpose.
1-20 (c) The change in law made by this Act to Section 1.91,
1-21 Family Code, does not permit an action to be commenced on or after
1-22 the effective date of this Act to prove the existence of an
1-23 informal marriage for which an action was barred before the
1-24 effective date of this Act for failure to bring the action before
2-1 the first anniversary of the date the relationship ended.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.