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.