BILL ANALYSIS

H.B. 2472

By: Kolkhorst

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In establishing the judges authorized to perform a marriage ceremony, current law allows only Texas judges to marry a couple who obtains a Texas marriage license.   However, there are Texans who wish to obtain a Texas marriage license, but be married outside of Texas. Also, there are Texans who wish to have a judge from another state conduct the marriage ceremony in Texas.  

By allowing judges from other states to marry a couple who obtains a Texas marriage license in Texas, options are expanded for marriage ceremonies for Texans.   

Additionally, a retired judge with twelve years on the bench is currently authorized to conduct a marriage ceremony. To expand options for Texas couples, the bill reduces the number of years of service as a judge that makes a retired judge eligible to conduct a marriage ceremony.

H.B. 2472 authorizes judges from other states to conduct marriage ceremonies in Texas. The bill authorizes retired judges with at least eight years of service to conduct marriage ceremonies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2472 amends the Family Code to expand the list of judges authorized to conduct a marriage ceremony to include a judge or magistrate of a federal court of another state, a judge or justice of a court of another state that is analogous to specified state courts, and a retired judge, justice, or magistrate of any of those courts.  The bill reduces from twelve to eight years the length of service required for a person to be considered a retired judge, justice, or magistrate for purposes of conducting a marriage ceremony. 

EFFECTIVE DATE

September 1, 2009.