SRC-JRN H.B. 2069 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2069
By: Denny (Ellis)
Jurisprudence
5-17-97
Engrossed


DIGEST 

In the 74th Legislature, the comprehensive welfare reform bill that passed
included a provision that required persons applying for a marriage license
to submit a sworn affidavit.  While failure to submit the sworn statement
or delinquency of court-ordered child support was cause for denial of a
marriage license, the attorney general issued an opinion that these
sections of law were unconstitutional.  This bill removes sections of the
Family Code determined to be unconstitutional by the attorney general, and
adds a true/false statement to an application for a  marriage license. 

PURPOSE

As proposed, H.B. 2069 removes sections of the Family Code determined to
be unconstitutional by the attorney general, and adds a true/false
statement to an application for a  marriage license. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.004(b), Family Code, requires a marriage
license application to contain certain provisions, including printed boxes
for each applicant to check "true" or "false" in response to a statement
providing that a person is not delinquent in the payment of court-ordered
child support. 

SECTION 2. Amends Section 2.009, Family Code, by amending Subsections (b)
and adding Subsection (d), to prohibit a county clerk from issuing a
license under certain conditions, except as provided by Subsections (b)
and (d).  Prohibits the county clerk from refusing to issue a license to
an applicant on the ground that the applicant checked "false" in response
to the applicant's statement of delinquency for court-ordered child
support.  Makes conforming changes. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.