HBA-JLV S.B. 488 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 488 By: Harris State Affairs 5/17/2001 Engrossed BACKGROUND AND PURPOSE Current state law prohibits issuing a marriage license for persons of the same sex. However, due to the Full Faith and Credit Clause of the United States Constitution, Texas may be legally required to recognize civil unions performed in other states. This constitutional clause requires states to recognize the public acts, records, and judicial proceedings in other states. However, constitutional principles provide that one state may refuse to recognize legal contracts executed in another state if the contract is contrary to the public policy of the forum state. Senate Bill 488 prohibits the recognition of same-sex marriages or civil unions legitimized in other states. 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. ANALYSIS Senate Bill 488 amends the Family Code to prohibit the state from giving effect to a right or claim asserted as a result of the purported marriage or civil union between persons of the same sex. The bill also prohibits the state from giving effect to a public act, record, or judicial proceeding that recognizes or validates a marriage or civil union between persons of the same sex. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.