By Junell H.B. No. 1175
76R1517 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the participation of a proxy in certain marriage
1-3 ceremonies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.007, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of
1-8 an absent applicant must include:
1-9 (1) the absent applicant's full name, including the
1-10 maiden surname of a female applicant, address, date of birth, place
1-11 of birth, including city, county, and state, citizenship, and
1-12 social security number, if any;
1-13 (2) a declaration that the absent applicant has not
1-14 been divorced within the last 30 days;
1-15 (3) a declaration that the absent applicant is:
1-16 (A) not presently married; or
1-17 (B) married to the other applicant and they wish
1-18 to marry again;
1-19 (4) a declaration that the other applicant is not
1-20 related to the absent applicant as:
1-21 (A) an ancestor or descendant, by blood or
1-22 adoption;
1-23 (B) a brother or sister, of the whole or half
1-24 blood or by adoption;
2-1 (C) a parent's brother or sister, of the whole
2-2 or half blood or by adoption; or
2-3 (D) a son or daughter of a brother or sister, of
2-4 the whole or half blood or by adoption;
2-5 (5) a declaration that the absent applicant desires to
2-6 marry and the name, age, and address of the person to whom the
2-7 absent applicant desires to be married;
2-8 (6) the approximate date on which the marriage is to
2-9 occur; and
2-10 (7) the reason the absent applicant is unable to
2-11 appear personally before the county clerk for the issuance of the
2-12 license[; and]
2-13 [(8) if the absent applicant will be unable to attend
2-14 the ceremony, the appointment of any adult, other than the other
2-15 applicant, to act as proxy for the purpose of participating in the
2-16 ceremony].
2-17 SECTION 2. Section 2.203, Family Code, is amended to read as
2-18 follows:
2-19 Sec. 2.203. CEREMONY. [(a)] On receiving an unexpired
2-20 marriage license, an authorized person may conduct the marriage
2-21 ceremony as provided by this subchapter.
2-22 [(b) A person unable to appear for the ceremony may assent
2-23 to marriage by the appearance of a proxy appointed in the affidavit
2-24 authorized by Subchapter A.]
2-25 SECTION 3. This Act takes effect September 1, 1999, and
2-26 applies to a marriage for which the application for a marriage
2-27 license is made on or after that date. A marriage for which the
3-1 application for a marriage license is made before the effective
3-2 date of this Act is governed by the law in effect on the date the
3-3 application was made, and the former law is continued in effect for
3-4 that purpose.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.