BILL ANALYSIS

H.B. 2724

By: Woolley

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Congress created the Federal Administrative Judiciary pursuant to provisions of the United States Constitution, which provides Congress the authority to create Tribunals inferior to the United States Supreme Court.  Congress also created the office of administrative law judge under provisions of the United States Code.  It has been determined by both Congress and the U.S. Courts that a federal administrative law judge is entitled to use the title “judge.”  In the course of an administrative law judge's activity, the judge may determine the validity of a marriage. 

H.B. 2724 adds federal administrative law judges to the list of persons authorized to conduct a marriage ceremony, as these judges have the authority to determine the validity of a marriage.

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. 2724 amends the Family Code to add a federal administrative law judge in Texas as a person authorized to conduct a marriage ceremony.

EFFECTIVE DATE

September 1, 2009.