1-1 By: Crabb (Senate Sponsor - Henderson) H.B. No. 1754
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 3, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority to grant a waiver of the 72-hour waiting
1-9 period for issuance of a marriage license.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 1.82(c) and (d), Family Code, are
1-12 amended to read as follows:
1-13 (c) The marriage ceremony may not take place during a
1-14 72-hour period immediately following the issuance of the marriage
1-15 license unless:
1-16 (1) an applicant is a member of the armed forces of
1-17 the United States and is on active duty; or
1-18 (2) an applicant obtains a waiver under <an order of a
1-19 district court as provided by> Subsection (d) of this section.
1-20 (d) An applicant may request a judge of a district court or
1-21 a statutory county court granted jurisdiction in family law cases
1-22 and proceedings by Chapter 25, Government Code, a justice of the
1-23 supreme court, or a judge of the court of criminal appeals or a
1-24 court of appeals for a written waiver <an order> permitting the
1-25 marriage ceremony to take place during a 72-hour period immediately
1-26 following the issuance of the marriage license. The judge shall
1-27 execute the waiver <court may grant an early hearing on the request
1-28 and shall grant the order> if the judge <court> finds that there is
1-29 good cause for the marriage to take place during the 72-hour
1-30 period.
1-31 SECTION 2. This Act takes effect September 1, 1995.
1-32 SECTION 3. The importance of this legislation and the
1-33 crowded condition of the calendars in both houses create an
1-34 emergency and an imperative public necessity that the
1-35 constitutional rule requiring bills to be read on three several
1-36 days in each house be suspended, and this rule is hereby suspended.
1-37 * * * * *