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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiting period following the issuance of a marriage |
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license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.204, Family Code, is amended to read |
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as follows: |
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Sec. 2.204. [72-HOUR] WAITING PERIOD; EXCEPTIONS. (a) |
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Except as provided by this section, a marriage ceremony may not take |
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place during the 120-hour [72-hour] period immediately following |
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the issuance of the marriage license. |
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(b) The [72-hour] waiting period required by Subsection (a) |
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after issuance of a marriage license does not apply to an applicant |
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who: |
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(1) is a member of the armed forces of the United |
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States and on active duty; |
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(2) is not a member of the armed forces of the United |
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States but performs work for the United States Department of |
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Defense as a department employee or under a contract with the |
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department; or |
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(3) obtains a written waiver under Subsection (c). |
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(c) An applicant may request a judge of a court with |
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jurisdiction in family law cases, a justice of the supreme court, a |
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judge of the court of criminal appeals, a county judge, or a judge |
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of a court of appeals for a written waiver permitting the marriage |
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ceremony to take place during the [72-hour] period required by |
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Subsection (a) immediately following the issuance of the marriage |
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license. If the judge finds that there is good cause for the |
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marriage to take place during the period, the judge shall sign the |
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waiver. Notwithstanding any other provision of law, a judge under |
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this section has the authority to sign a waiver under this section. |
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SECTION 2. Section 6.110(a), Family Code, is amended to |
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read as follows: |
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(a) The court may grant an annulment of a marriage to a party |
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to the marriage if the marriage ceremony took place in violation of |
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Section 2.204 [during the 72-hour period immediately following the
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issuance of the marriage license]. |
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SECTION 3. The change in law made by this Act applies only |
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to a marriage ceremony for which a marriage license application is |
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filed on or after the effective date of this Act. A marriage |
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ceremony for which a marriage license application is filed before |
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the effective date of this Act is governed by the law in effect on |
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the date the application was filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |