HBA-SEB H.B. 1175 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1175
By: Junell
Juvenile Justice and Family Issues
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Family Code permits a marriage to take place with one party
absent by using a proxy to appear in the marriage ceremony in place of the
absent party.  The absent person must submit an affidavit which provides
specific information about the absent party and appoints an adult to act as
proxy.  H.B. 1175 eliminates the use of a proxy in a marriage ceremony.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2.007, Family Code, to delete text providing
that an affidavit of an absent applicant for a marriage license must
include the appointment of any adult, other than the other applicant, to
act as proxy for the purpose of participating in a marriage ceremony if the
absent party will be unable to attend the ceremony.  Makes conforming
changes. 

SECTION 2.  Amends Section 2.203, Family Code, to delete text authorizing a
person unable to appear for the ceremony to assent to marriage by the
appearance of a proxy appointed in the affidavit authorized by Subchapter A
(Application for Marriage License).  Makes a conforming change.   

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.