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