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

 2-1     amended to read as follows:

 2-2           (a)  The court may grant an annulment of a licensed [or

 2-3     informal] marriage of a person under 14 years of age unless a court

 2-4     order has been obtained as provided in Subchapter B, Chapter 2.

 2-5           SECTION 4.  Section 2.402(c), Family Code, as added by S.B.

 2-6     334, Acts of the 75th Legislature, Regular Session, 1997, is

 2-7     repealed.

 2-8           SECTION 5.  This Act takes effect only if S.B. 334, 75th

 2-9     Legislature, Regular Session, becomes law.  If that legislation

2-10     does not become law, this Act has no effect.

2-11           SECTION 6.  The change in law made by this Act, as it relates

2-12     to a suit brought to prove the existence of an informal marriage,

2-13     applies only to a suit commenced on or after the effective date of

2-14     this Act.  A suit commenced before that date is governed by the law

2-15     in effect on the date the suit was filed, and the former law is

2-16     continued in effect for that purpose.

2-17           SECTION 7.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 891 was passed by the House on May 6,

         1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 891 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor