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.