1-1                                   AN ACT

 1-2     relating to certain information provided in an application for a

 1-3     marriage license.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2.004(b), Family Code, as added by S.B.

 1-6     No. 334, Acts of the 75th Legislature, Regular Session, 1997, is

 1-7     amended to read as follows:

 1-8           (b)  The application form must contain:

 1-9                 (1)  a heading entitled "Application for Marriage

1-10     License, ____________ County, Texas";

1-11                 (2)  spaces for each applicant's full name, including

1-12     the woman's maiden surname, address, social security number, if

1-13     any, date of birth, and place of birth, including city, county, and

1-14     state;

1-15                 (3)  a space for indicating the document tendered by

1-16     each applicant as proof of identity and age;

1-17                 (4)  spaces for indicating whether each applicant has

1-18     been divorced within the last 30 days;

1-19                 (5)  printed boxes for each applicant to check "true"

1-20     or "false" in response to the following statement:  "I am not

1-21     presently married.";

1-22                 (6)  printed boxes for each applicant to check "true"

1-23     or "false" in response to the following statement:  "The other

1-24     applicant is not related to me as:

 2-1                       (A)  an ancestor or descendant, by blood or

 2-2     adoption;

 2-3                       (B)  a brother or sister, of the whole or half

 2-4     blood or by adoption;

 2-5                       (C)  a parent's brother or sister, of the whole

 2-6     or half blood or by adoption; or

 2-7                       (D)  a son or daughter of a brother or sister, of

 2-8     the whole or half blood or by adoption.";

 2-9                 (7)  printed boxes for each applicant to check "true"

2-10     or "false" in response to the following statement:  "I am not

2-11     presently delinquent in the payment of court-ordered child

2-12     support.";

2-13                 (8)  a printed oath reading:  "I SOLEMNLY SWEAR (OR

2-14     AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

2-15     CORRECT.";

2-16                 (9) [(8)]  spaces immediately below the printed oath

2-17     for the applicants' signatures;

2-18                 (10) [(9)]  a certificate of the county clerk that:

2-19                       (A)  each applicant made the oath and the date

2-20     and place that it was made; or

2-21                       (B)  an applicant did not appear personally but

2-22     the prerequisites for the license have been fulfilled as provided

2-23     by this chapter;

2-24                 (11) [(10)]  spaces for indicating the date of the

2-25     marriage and the county in which the marriage is performed; and

2-26                 (12) [(11)]  a space for the address to which the

2-27     applicants desire the completed license to be mailed.

 3-1           SECTION 2.  Section 2.009, Family Code, as added by S.B.

 3-2     334, Acts of the 75th Legislature, Regular Session, 1997, is

 3-3     amended by amending Subsection (a) and adding Subsection (d) to

 3-4     read as follows:

 3-5           (a)  Except as provided by Subsections [Subsection] (b) and

 3-6     (d), the county clerk may not issue a license if either applicant:

 3-7                 (1)  fails to provide the information required by this

 3-8     subchapter;

 3-9                 (2)  fails to submit proof of age and identity;

3-10                 (3)  is under 14 years of age and has not been granted

3-11     a court order as provided by Section 2.103;

3-12                 (4)  is 14 years of age or older but under 18 years of

3-13     age and has not presented at least one of the following:

3-14                       (A)  parental consent as provided by Section

3-15     2.102;

3-16                       (B)  documents establishing that a prior marriage

3-17     of the applicant has been dissolved; or

3-18                       (C)  a court order as provided by Section 2.103;

3-19                 (5)  checks "false" in response to a statement in the

3-20     application, except as provided by Subsection (b) or (d), or fails

3-21     to make a required declaration in an affidavit required of an

3-22     absent applicant; or

3-23                 (6)  indicates that the applicant has been divorced by

3-24     a decree of a court of this state within the last 30 days, unless:

3-25                       (A)  the applicants were divorced from each

3-26     other; or

3-27                       (B)  the prohibition against remarriage is waived

 4-1     as provided by Section 6.802.

 4-2           (d)  The county clerk may not refuse  to issue a license to

 4-3     an applicant on the ground that the applicant checked "false" in

 4-4     response to the statement "I am not presently delinquent in the

 4-5     payment of court-ordered child support."

 4-6           SECTION 3.  This Act takes effect September 1, 1997.

 4-7           SECTION 4.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2069 was passed by the House on May

         10, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2069 was passed by the Senate on May

         23, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor