1-1 By: Hartnett, et al. (Senate Sponsor - Harris) H.B. No. 891
1-2 (In the Senate - Received from the House May 7, 1997;
1-3 May 8, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 17, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the age of a person who may be married without
1-9 formalities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2.401, Family Code, as added by S.B. 334,
1-12 Acts of the 75th Legislature, Regular Session, 1997, is amended by
1-13 adding Subsection (c) to read as follows:
1-14 (c) A person under 18 years of age may not:
1-15 (1) be a party to an informal marriage; or
1-16 (2) execute a declaration of informal marriage under
1-17 Section 2.402.
1-18 SECTION 2. Section 2.404(b), Family Code, as added by S.B.
1-19 334, Acts of the 75th Legislature, Regular Session, 1997, is
1-20 amended to read as follows:
1-21 (b) The county clerk may not certify or record the
1-22 declaration if:
1-23 (1) either party fails to supply any information or
1-24 provide any document required by this subchapter;
1-25 (2) either party is under 18 [16] years of age [and
1-26 waiver of the age requirement has not been ordered]; or
1-27 (3) either party checks "false" in response to the
1-28 statement of relationship to the other party.
1-29 SECTION 3. Section 6.101(a), Family Code, as added by S.B.
1-30 334, Acts of the 75th Legislature, Regular Session, 1997, is
1-31 amended to read as follows:
1-32 (a) The court may grant an annulment of a licensed [or
1-33 informal] marriage of a person under 14 years of age unless a court
1-34 order has been obtained as provided in Subchapter B, Chapter 2.
1-35 SECTION 4. Section 2.402(c), Family Code, as added by S.B.
1-36 334, Acts of the 75th Legislature, Regular Session, 1997, is
1-37 repealed.
1-38 SECTION 5. This Act takes effect only if S.B. 334, 75th
1-39 Legislature, Regular Session, becomes law. If that legislation
1-40 does not become law, this Act has no effect.
1-41 SECTION 6. The change in law made by this Act, as it relates
1-42 to a suit brought to prove the existence of an informal marriage,
1-43 applies only to a suit commenced on or after the effective date of
1-44 this Act. A suit commenced before that date is governed by the law
1-45 in effect on the date the suit was filed, and the former law is
1-46 continued in effect for that purpose.
1-47 SECTION 7. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *