H.B. No. 1754
1-1 AN ACT
1-2 relating to the authority to grant a waiver of the 72-hour waiting
1-3 period for issuance of a marriage license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1.82(c) and (d), Family Code, are
1-6 amended to read as follows:
1-7 (c) The marriage ceremony may not take place during a
1-8 72-hour period immediately following the issuance of the marriage
1-9 license unless:
1-10 (1) an applicant is a member of the armed forces of
1-11 the United States and is on active duty; or
1-12 (2) an applicant obtains a waiver under <an order of a
1-13 district court as provided by> Subsection (d) of this section.
1-14 (d) An applicant may request a judge of a district court or
1-15 a statutory county court granted jurisdiction in family law cases
1-16 and proceedings by Chapter 25, Government Code, a justice of the
1-17 supreme court, or a judge of the court of criminal appeals or a
1-18 court of appeals for a written waiver <an order> permitting the
1-19 marriage ceremony to take place during a 72-hour period immediately
1-20 following the issuance of the marriage license. The judge shall
1-21 execute the waiver <court may grant an early hearing on the request
1-22 and shall grant the order> if the judge <court> finds that there is
1-23 good cause for the marriage to take place during the 72-hour
1-24 period.
2-1 SECTION 2. This Act takes effect September 1, 1995.
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.