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.