By Hartnett, Giddings, Christian, Isett, H.B. No. 891
75R12066 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the age of a person who may be married without
1-3 formalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.401, Family Code, as added by S.B. 334,
1-6 Acts of the 75th Legislature, Regular Session, 1997, is amended by
1-7 adding Subsection (c) to read as follows:
1-8 (c) A person under 18 years of age may not:
1-9 (1) be a party to an informal marriage; or
1-10 (2) execute a declaration of informal marriage under
1-11 Section 2.402.
1-12 SECTION 2. Section 2.404(b), Family Code, as added by S.B.
1-13 334, Acts of the 75th Legislature, Regular Session, 1997, is
1-14 amended to read as follows:
1-15 (b) The county clerk may not certify or record the
1-16 declaration if:
1-17 (1) either party fails to supply any information or
1-18 provide any document required by this subchapter;
1-19 (2) either party is under 18 [16] years of age [and
1-20 waiver of the age requirement has not been ordered]; or
1-21 (3) either party checks "false" in response to the
1-22 statement of relationship to the other party.
1-23 SECTION 3. Section 6.101(a), Family Code, as added by S.B.
1-24 334, Acts of the 75th Legislature, Regular Session, 1997, is
1-25 amended to read as follows:
2-1 (a) The court may grant an annulment of a licensed [or
2-2 informal] marriage of a person under 14 years of age unless a court
2-3 order has been obtained as provided in Subchapter B, Chapter 2.
2-4 SECTION 4. Section 2.402(c), Family Code, as added by S.B.
2-5 334, Acts of the 75th Legislature, Regular Session, 1997, is
2-6 repealed.
2-7 SECTION 5. This Act takes effect only if S.B. 334, 75th
2-8 Legislature, Regular Session, becomes law. If that legislation
2-9 does not become law, this Act has no effect.
2-10 SECTION 6. The change in law made by this Act, as it relates
2-11 to a suit brought to prove the existence of an informal marriage,
2-12 applies only to a suit commenced on or after the effective date of
2-13 this Act. A suit commenced before that date is governed by the law
2-14 in effect on the date the suit was filed, and the former law is
2-15 continued in effect for that purpose.
2-16 SECTION 7. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.