By Denny H.B. No. 2069
75R8246 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application for a marriage license.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.03(b), Family Code, is amended to read
1-5 as follows:
1-6 (b) The application form shall contain:
1-7 (1) a heading entitled "Application for Marriage
1-8 License, ____________ County, Texas";
1-9 (2) spaces for each applicant's full name (including
1-10 the woman's maiden surname), address, social security number, if
1-11 any, date of birth, and place of birth (including city, county, and
1-12 state);
1-13 (3) a space for indicating the document tendered by
1-14 each applicant as proof of identity and age;
1-15 (4) spaces for indicating whether each applicant has
1-16 been divorced within the last 30 days;
1-17 (5) printed boxes for the applicant to check "true" or
1-18 "false" in response to the following statement: "I am not
1-19 presently married.";
1-20 (6) printed boxes for each applicant to check "true"
1-21 or "false" in response to the following statement: "The other
1-22 applicant is not related to me as:
1-23 (A) an ancestor or descendant, by blood or
1-24 adoption;
2-1 (B) a brother or sister, of the whole or half
2-2 blood or by adoption;
2-3 (C) a parent's brother or sister of the whole or
2-4 half blood; or
2-5 (D) a son or daughter of a brother or sister of
2-6 the whole or half blood or by adoption.";
2-7 (7) printed boxes for the applicant to check "true" or
2-8 "false" in response to the following statement: "I am not
2-9 presently delinquent in the payment of court-ordered child
2-10 support.";
2-11 (8) a printed oath reading: "I SOLEMNLY SWEAR (OR
2-12 AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
2-13 CORRECT.";
2-14 (9) [(8)] spaces immediately below the printed oath
2-15 for the applicants' signatures;
2-16 (10) [(9)] a certificate of the county clerk that the
2-17 applicants made the oath and the date and place that it was made
2-18 (or that the applicant did not appear personally but the
2-19 prerequisites for the license have been fulfilled as prescribed by
2-20 Section 1.05 of this code);
2-21 (11) [(10)] spaces for indicating the date of the
2-22 marriage and the county in which it is performed; and
2-23 (12) [(11)] a space for the address to which the
2-24 applicants desire the executed license to be mailed.
2-25 SECTION 2. Section 1.07(a), Family Code, is amended to read
2-26 as follows:
2-27 (a) Except as provided by Subsection (b) of this section,
3-1 the county clerk may not issue a license to the applicants if:
3-2 (1) either applicant fails to provide information as
3-3 required by Sections 1.02[, 1.045,] and 1.05 of the code;
3-4 (2) either applicant fails to submit proof of age and
3-5 identity;
3-6 (3) either applicant is under 14 years of age and has
3-7 not received a court order under Section 1.53 of this code;
3-8 (4) either applicant is 14 years of age or older but
3-9 under 18 years of age and has received neither parental consent nor
3-10 a court order under Section 1.53 of this code;
3-11 (5) either applicant checks "false" in response to a
3-12 statement in the application, except as provided in Subsection (b)
3-13 of this section, or fails to make a required declaration in an
3-14 affidavit required of an absent applicant; or
3-15 (6) either applicant indicates that he or she has been
3-16 divorced by a decree of a court of this state within the last 30
3-17 days, unless:
3-18 (A) the applicants were divorced from each
3-19 other; or
3-20 (B) the prohibition against remarriage was
3-21 waived under Section 3.66 of this code.
3-22 SECTION 3. Section 1.045, Family Code, is repealed.
3-23 SECTION 4. This Act takes effect September 1, 1997.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.