By Danburg H.B. No. 2827
74R536 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information regarding separate and community property
1-3 provided to a person applying for a marriage license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.03(b), Family Code, is amended to read
1-6 as follows:
1-7 (b) The application form shall contain:
1-8 (1) a heading entitled "Application for Marriage
1-9 License, ____________ County, Texas";
1-10 (2) spaces for each applicant's full name (including
1-11 the woman's maiden surname), address, social security number, if
1-12 any, date of birth, and place of birth (including city, county, and
1-13 state);
1-14 (3) a space for indicating the document tendered by
1-15 each applicant as proof of identity and age;
1-16 (4) spaces for indicating whether each applicant has
1-17 been divorced within the last 30 days;
1-18 (5) printed boxes for the applicant to check "true" or
1-19 "false" in response to the following statement: "I am not
1-20 presently married.";
1-21 (6) printed boxes for each applicant to check "true"
1-22 or "false" in response to the following statement: "The other
1-23 applicant is not related to me as:
1-24 (A) an ancestor or descendant, by blood or
2-1 adoption;
2-2 (B) a brother or sister, of the whole or half
2-3 blood or by adoption;
2-4 (C) a parent's brother or sister of the whole or
2-5 half blood; or
2-6 (D) a son or daughter of a brother or sister of
2-7 the whole or half blood or by adoption.";
2-8 (7) a printed oath reading: "I SOLEMNLY SWEAR (OR
2-9 AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
2-10 CORRECT.";
2-11 (8) spaces immediately below the printed oath for the
2-12 applicants' signatures;
2-13 (9) a certificate of the county clerk that the
2-14 applicants made the oath and the date and place that it was made
2-15 (or that the applicant did not appear personally but the
2-16 prerequisites for the license have been fulfilled as prescribed by
2-17 Section 1.05 of this code);
2-18 (10) the following printed advisory in a size no
2-19 smaller than 10-point bold type:
2-20 "ADVISORY: THIS STATE IS A COMMUNITY PROPERTY
2-21 STATE. A PERSON WHO IS MARRIED MAY HAVE BOTH SEPARATE
2-22 AND COMMUNITY PROPERTY. APPLICATION OF STATE LAWS
2-23 REGARDING DISPOSITION OF SEPARATE AND COMMUNITY
2-24 PROPERTY ON THE DEATH OF A PERSON WHO HAS NOT EXECUTED
2-25 A WILL MAY RESULT IN A DISPOSITION THAT THE PERSON DID
2-26 NOT EXPECT OR INTEND. IF ISSUES REGARDING DISPOSITION
2-27 OF THE SEPARATE AND COMMUNITY PROPERTY OF A MARRIED
3-1 PERSON ARE OF CONCERN TO YOU, YOU MAY WISH TO CONSULT
3-2 AN ATTORNEY FOR ADDITIONAL INFORMATION.";
3-3 (11) spaces directly below the advisory required by
3-4 Subdivision (10) for the applicants' signatures;
3-5 (12) <(10)> spaces for indicating the date of the
3-6 marriage and the county in which it is performed; and
3-7 (13) <(11)> a space for the address to which the
3-8 applicants desire the executed license to be mailed.
3-9 SECTION 2. Section 1.05(c), Family Code, is amended to read
3-10 as follows:
3-11 (c) The affidavit of an absent applicant must include:
3-12 (1) the absent applicant's full name (including the
3-13 maiden surname, if applicable), address, date of birth, place of
3-14 birth (including city, county, and state), citizenship, and social
3-15 security number, if any;
3-16 (2) a declaration that the absent applicant has not
3-17 been divorced within the last 30 days;
3-18 (3) a declaration that the absent applicant is not
3-19 presently married (unless to the other applicant and they wish to
3-20 marry again);
3-21 (4) a declaration that the other applicant is not
3-22 related to the absent applicant as:
3-23 (A) an ancestor or descendant, by blood or
3-24 adoption;
3-25 (B) a brother or sister, of the whole or half
3-26 blood or by adoption;
3-27 (C) a parent's brother or sister of the whole or
4-1 half blood; or
4-2 (D) a son or daughter of a brother or sister of
4-3 the whole or half blood or by adoption;
4-4 (5) the printed advisory required by Section 1.03(b)
4-5 regarding disposition of the separate and community property of a
4-6 married person, with the signature of the absent applicant directly
4-7 below the advisory;
4-8 (6) <(5)> a declaration that the absent applicant
4-9 desires to marry, and the name, age, and address of the person to
4-10 whom the absent applicant desires to be married;
4-11 (7) <(6)> the approximate date on which the marriage
4-12 is to occur;
4-13 (8) <(7)> the reason the absent applicant is unable to
4-14 appear personally before the county clerk for the issuance of the
4-15 license; and
4-16 (9) <(8)> if the absent applicant will be unable to
4-17 attend the ceremony, the appointment of any adult, except the other
4-18 applicant, to act as proxy for the purpose of participating in the
4-19 ceremony.
4-20 SECTION 3. This Act takes effect September 1, 1995.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.