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.