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1-37     repealed.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.

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