By Goodman, Thompson                                   H.B. No. 336
       74R1325 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the husband and wife relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1.05(c), Family Code, is amended to read
    1-5  as follows:
    1-6        (c)  The affidavit of an absent applicant must include:
    1-7              (1)  the absent applicant's full name (including the
    1-8  maiden surname, if applicable), address, date of birth, place of
    1-9  birth (including city, county, and state), citizenship, and social
   1-10  security number, if any;
   1-11              (2)  a statement of whether <declaration that> the
   1-12  absent applicant has <not> been divorced within the last 30 days;
   1-13              (3)  a declaration that the absent applicant is not
   1-14  presently married (unless to the other applicant and they wish to
   1-15  marry again);
   1-16              (4)  a declaration that the other applicant is not
   1-17  related to the absent applicant as:
   1-18                    (A)  an ancestor or descendant, by blood or
   1-19  adoption;
   1-20                    (B)  a brother or sister, of the whole or half
   1-21  blood or by adoption;
   1-22                    (C)  a parent's brother or sister of the whole or
   1-23  half blood; or
   1-24                    (D)  a son or daughter of a brother or sister of
    2-1  the whole or half blood or by adoption;
    2-2              (5)  a declaration that the absent applicant desires to
    2-3  marry, and the name, age, and address of the person to whom the
    2-4  absent applicant desires to be married;
    2-5              (6)  the approximate date on which the marriage is to
    2-6  occur;
    2-7              (7)  the reason the absent applicant is unable to
    2-8  appear personally before the county clerk for the issuance of the
    2-9  license; and
   2-10              (8)  if the absent applicant will be unable to attend
   2-11  the ceremony, the appointment of any adult, except the other
   2-12  applicant, to act as proxy for the purpose of participating in the
   2-13  ceremony.
   2-14        SECTION 2.  Section 1.91(b), Family Code, is amended to read
   2-15  as follows:
   2-16        (b)  If a <A> proceeding in which a marriage is to be proved
   2-17  under Subsection (a)(2) is not <this section must be> commenced
   2-18  before the second anniversary of <not later than one year after>
   2-19  the date on which the parties separated and ceased living together,
   2-20  it is rebuttably presumed that the parties did not enter into an
   2-21  agreement to be married <relationship ended or not later than one
   2-22  year after September 1, 1989, whichever is later>.
   2-23        SECTION 3.  Subchapter B, Chapter 5, Family Code, is amended
   2-24  by adding Section 5.241 to read as follows:
   2-25        Sec. 5.241.  TRANSFERS AND DEBTS PENDING DIVORCE.  (a)  After
   2-26  a petition for divorce or annulment is filed and until a final
   2-27  decree is entered, if a spouse transfers real or personal property
    3-1  or incurs a debt that would subject community property to
    3-2  liability, in an action brought by the other spouse the transfer or
    3-3  debt is voidable with respect to that spouse if the transfer was
    3-4  made or the debt incurred with the intent to injure the rights of
    3-5  that spouse.
    3-6        (b)  A transfer or debt under Subsection (a) is not voidable
    3-7  if the person dealing with the transferor or debtor spouse did not
    3-8  have notice of the intent to injure the rights of the other spouse.
    3-9        (c)  In an action to void a transfer or debt under this
   3-10  section, the spouse seeking to void the transfer or debt has the
   3-11  burden of proving that the person dealing with the transferor or
   3-12  debtor spouse had notice of the intent to injure the rights of the
   3-13  other spouse.
   3-14        SECTION 4.  Chapter 34, Government Code, is amended by adding
   3-15  Section 34.0021 to read as follows:
   3-16        Sec. 34.0021.  DISCRIMINATION IN CONDUCTING OR REFUSING TO
   3-17  CONDUCT MARRIAGE CEREMONY.  (a)  A person authorized under Section
   3-18  1.83(a)(4), Family Code, to conduct a marriage ceremony may not
   3-19  discriminate against an applicant who is otherwise qualified to be
   3-20  married on the basis of race, religion, or national origin.
   3-21        (b)  On a finding by the State Commission on Judicial Conduct
   3-22  that a judge or justice of a court listed in Section 1.83(a)(4),
   3-23  Family Code, intentionally violated Subsection (a), the commission
   3-24  may recommend to the supreme court that the judge or justice be
   3-25  removed from office.
   3-26        SECTION 5.  Sections 1.83(c) and (d) and 3.57, Family Code,
   3-27  are repealed.
    4-1        SECTION 6.  (a)  This Act takes effect September 1, 1995.
    4-2        (b)  The change in law made by this Act to a suit brought to
    4-3  prove the existence of an informal marriage applies only to a suit
    4-4  commenced on or after the effective date of this Act.  A suit
    4-5  commenced before that date is governed by the law in effect on the
    4-6  date the suit was commenced and the former law is continued in
    4-7  effect for that purpose.
    4-8        (c)  The change in law made by this Act to Section 1.91,
    4-9  Family Code, does not permit an action to be commenced on or after
   4-10  the effective date of this Act to prove the existence of an
   4-11  informal marriage for which an action was barred before the
   4-12  effective date of this Act for failure to bring the action before
   4-13  the first anniversary of the date the relationship ended.
   4-14        SECTION 7.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.