GEC C.S.H.B. 3464 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
C.S.H.B. 3464
By: Chisum
4-23-97
Committee Report (Substituted)



BACKGROUND 

  Sec. 1.01 of the Texas Family Code specifically prohibits the issuance
of a marriage license for persons of the same sex.  Section 1.91 of the
Texas Family Code expressly states that common law marriage will only
apply to the marriage of a man and a woman. However, ongoing court action
in the state of Hawaii has placed the fundamental definition of marriage
upon which our statutes are based in jeopardy.  Because of the Full Faith
and Credit Clause of the United States Constitution, same-sex marriages
performed in Hawaii or any other state might be valid in Texas. 
 Notwithstanding the Full Faith and Credit Clause, well settled
constitutional law dictates that one state may refuse to recognize legal
contracts executed in another state if the contract is repugnant to the
public policy of the forum state.  In light of the recent circumstances in
Hawaii, several states have sought to ensure that their state would be
able to legally deny recognition to marriage contracts established between
same-sex couples.  The actions taken have included more explicitly
defining marriage in statute and/or specifically banning the recognition
of same-sex marriages from sister states. 

PURPOSE

To prevent a law in a sister state which does allow same-sex marriage from
overriding well established Texas law. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1:  Adds Section 2.25 to Subchapter B, Chapter 2, Family Code.
Prohibits the state from recognizing a marriage of persons of the same sex
performed in another state, and prohibits the state from giving effect to
a right or claim asserted as a result of such marriage. 

Section 2:  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original bill addresses the validity of certain contracts
entered into in other states for goods and services.  This provision is
not in the substitute. 
SECTION 2 of the original bill addresses the ability of certain
out-of-state entities formed in other states to do business in this state.
This provision is not in the substitute. 
SECTION 3 of the original bill addresses the authority of certain
non-profit corporations formed in other states to operate in this state.
This provision is not in the substitute. 

The substitute narrows the subject of the original bill and prohibits the
recognition of same-sex marriages performed in other states.