|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the application for and issuance of a marriage license. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2.002, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by |
|
Section 2.006, each person applying for a license must: |
|
(1) appear before the county clerk; |
|
(2) submit the person's proof of identity and age as |
|
provided by Section 2.005(b) [this subchapter]; |
|
(3) provide the information applicable to that person |
|
for which spaces are provided in the application for a marriage |
|
license; |
|
(4) mark the appropriate boxes provided in the |
|
application; and |
|
(5) take the oath printed on the application and sign |
|
the application before the county clerk. |
|
SECTION 2. Section 2.005(b), Family Code, is amended to |
|
read as follows: |
|
(b) The proof must be established by: |
|
(1) a driver's license or identification card issued |
|
by this state, another state, or a Canadian province that is current |
|
or has expired not more than two years preceding the date the |
|
identification is submitted to the county clerk in connection with |
|
an application for a license; |
|
(2) a United States passport; |
|
(3) a current passport issued by a foreign country or a |
|
consular document issued by a state or national government; |
|
(4) an unexpired Certificate of United States |
|
Citizenship, Certificate of Naturalization, United States Citizen |
|
Identification Card, Permanent Resident Card, Temporary Resident |
|
Card, Employment Authorization Card, or other document issued by |
|
the federal Department of Homeland Security or the United States |
|
Department of State including an identification photograph; |
|
(5) an unexpired military identification card for |
|
active duty, reserve, or retired personnel with an identification |
|
photograph; |
|
(6) an original or certified copy of a birth |
|
certificate issued by a bureau of vital statistics for a state or a |
|
foreign government; |
|
(7) an original or certified copy of a Consular Report |
|
of Birth Abroad or Certificate of Birth Abroad issued by the United |
|
States Department of State; |
|
(8) an original or certified copy of a court order |
|
relating to the applicant's name change or sex change; |
|
(9) school records from a secondary school or |
|
institution of higher education; |
|
(10) an insurance policy continuously valid for the |
|
two years preceding the date of the application for a license; |
|
(11) a motor vehicle certificate of title; |
|
(12) military records, including documentation of |
|
release or discharge from active duty or a draft record; |
|
(13) an unexpired military dependent identification |
|
card; |
|
(14) an original or certified copy of the applicant's |
|
marriage license or divorce decree; |
|
(15) a voter registration certificate; |
|
(16) a pilot's license issued by the Federal Aviation |
|
Administration or another authorized agency of the United States; |
|
(17) a license to carry a concealed handgun under |
|
Subchapter H, Chapter 411, Government Code; |
|
(18) a temporary driving permit or a temporary |
|
identification card issued by the Department of Public Safety; or |
|
(19) an offender identification card issued by the |
|
Texas Department of Criminal Justice [a certified copy of the
|
|
applicant's birth certificate or by some certificate, license, or
|
|
document issued by this state or another state, the United States,
|
|
or a foreign government]. |
|
SECTION 3. Section 2.006(b), Family Code, is amended to |
|
read as follows: |
|
(b) The person applying on behalf of an absent applicant |
|
shall provide to the clerk: |
|
(1) notwithstanding Section 132.001, Civil Practice |
|
and Remedies Code, the notarized affidavit of the absent applicant |
|
as provided by this subchapter; |
|
(2) proof of the identity and age of the absent |
|
applicant under Section 2.005(b) [as provided by this subchapter]; |
|
and |
|
(3) if required because the absent applicant is a |
|
person under 18 years of age, [the documents establishing parental
|
|
consent,] documents establishing that a prior marriage has been |
|
dissolved, [or] a court order authorizing the marriage of the |
|
absent, underage applicant, or documents establishing consent by a |
|
parent or a person who has legal authority to consent to the |
|
marriage, including: |
|
(A) proof of identity of the parent or person |
|
with legal authority to consent to the marriage under Section |
|
2.005(b); and |
|
(B) proof that the parent or person has the legal |
|
authority to consent to the marriage for the applicant under rules |
|
adopted under Section 2.102(j). |
|
SECTION 4. Section 2.009(a), Family Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Subsections (b) and (d), the |
|
county clerk may not issue a license if either applicant: |
|
(1) fails to provide the information required by this |
|
subchapter; |
|
(2) fails to submit proof of age and identity; |
|
(3) is under 16 years of age and has not been granted a |
|
court order as provided by Section 2.103; |
|
(4) is 16 years of age or older but under 18 years of |
|
age and has not presented at least one of the following: |
|
(A) parental consent as provided by Section |
|
2.102; |
|
(B) documents establishing that a prior marriage |
|
of the applicant has been dissolved; or |
|
(C) a court order as provided by Section 2.103; |
|
(5) checks "false" in response to a statement in the |
|
application, except as provided by Subsection (b) or (d), or fails |
|
to make a required declaration in an affidavit required of an absent |
|
applicant; or |
|
(6) indicates that the applicant has been divorced [by
|
|
a decree of a court of this state] within the last 30 days, unless: |
|
(A) the applicants were divorced from each other; |
|
or |
|
(B) the prohibition against remarriage is waived |
|
as provided by Section 6.802. |
|
SECTION 5. Section 2.102, Family Code, is amended by adding |
|
Subsections (i) and (j) to read as follows: |
|
(i) A parent or person who has the legal authority to |
|
consent to marriage for an underage applicant who gives consent |
|
under this section shall provide: |
|
(1) proof of the parent's or person's identity under |
|
Section 2.005(b); and |
|
(2) proof that the parent or person has the legal |
|
authority to consent to marriage for the applicant under rules |
|
adopted under Subsection (j). |
|
(j) The executive commissioner of the Health and Human |
|
Services Commission shall adopt rules detailing acceptable proof of |
|
the legal authority to consent to the marriage of an underage |
|
applicant. In adopting rules, the executive commissioner shall |
|
ensure that the rules: |
|
(1) adequately protect against fraud; and |
|
(2) do not create an undue burden on any class of |
|
person legally entitled to consent to the marriage of an underage |
|
applicant. |
|
SECTION 6. Section 2.209, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.209. DUPLICATE LICENSE. (a) On request [the
|
|
application and proof of identity of a person whose marriage is
|
|
recorded in the records of the county clerk], the county clerk shall |
|
issue a certified copy of a recorded [duplicate] marriage license |
|
[completed with information as contained in the records]. |
|
(b) If a marriage license issued by a county clerk is lost, |
|
destroyed, or rendered useless, the clerk shall issue a duplicate |
|
license [On the application and proof of identity of both persons to
|
|
whom a marriage license was issued but not recorded as required by
|
|
Section 2.208, the county clerk shall issue a duplicate license if
|
|
each person applying submits to the clerk an affidavit stating:
|
|
[(1)
that the persons to whom the original license was
|
|
issued were married to each other before the expiration date of the
|
|
original license by a person authorized to conduct a marriage
|
|
ceremony;
|
|
[(2)
the name of the person who conducted the
|
|
ceremony; and
|
|
[(3) the date of the ceremony]. |
|
(c) If one or both parties to a marriage license discover an |
|
error on the recorded marriage license, both parties to the |
|
marriage shall execute a notarized affidavit stating the error. |
|
The county clerk shall file and record the affidavit as an amendment |
|
to the marriage license, and the affidavit is considered part of the |
|
marriage license. The clerk shall include a copy of the affidavit |
|
with any future certified copy of the marriage license issued by the |
|
clerk. |
|
(d) The executive commissioner of the Health and Human |
|
Services Commission by rule shall prescribe the form of the |
|
affidavit under Subsection (c). |
|
SECTION 7. Section 2.403(a), Family Code, is amended to |
|
read as follows: |
|
(a) The county clerk shall require proof of the identity and |
|
age of each party to the declaration of informal marriage to be |
|
established by a document listed in Section 2.005(b) [a certified
|
|
copy of the party's birth certificate or by some certificate,
|
|
license, or document issued by this state or another state, the
|
|
United States, or a foreign government]. |
|
SECTION 8. The heading to Section 2.404, Family Code, is |
|
amended to read as follows: |
|
Sec. 2.404. RECORDING OF CERTIFICATE OR DECLARATION OF |
|
INFORMAL MARRIAGE. |
|
SECTION 9. Section 2.404, Family Code, is amended by adding |
|
Subsection (a-1) and amending Subsections (b), (c), and (d) to read |
|
as follows: |
|
(a-1) On the proper execution of the declaration, the clerk |
|
may: |
|
(1) prepare a certificate of informal marriage; |
|
(2) enter on the certificate the names of the persons |
|
declaring their informal marriage and the date the certificate or |
|
declaration is issued; and |
|
(3) record the time at which the certificate or |
|
declaration is issued. |
|
(b) The county clerk may not certify the declaration or |
|
issue or record the certificate of informal marriage or declaration |
|
if: |
|
(1) either party fails to supply any information or |
|
provide any document required by this subchapter; |
|
(2) either party is under 18 years of age; or |
|
(3) either party checks "false" in response to the |
|
statement of relationship to the other party. |
|
(c) On execution of the declaration, the county clerk shall |
|
record the declaration or certificate of informal marriage [and all
|
|
documents submitted with the declaration or note a summary of them
|
|
on the declaration form], deliver the original of the declaration |
|
to the parties, deliver the original of the certificate of informal |
|
marriage to the parties, if a certificate was prepared, and send a |
|
copy of the declaration of informal marriage to the bureau of vital |
|
statistics. |
|
(d) An executed [A] declaration or a certificate of informal |
|
marriage recorded as provided in this section is prima facie |
|
evidence of the marriage of the parties. |
|
SECTION 10. Section 2.011, Family Code, is repealed. |
|
SECTION 11. As soon as practicable after the effective date |
|
of this Act, the executive commissioner of the Health and Human |
|
Services Commission shall adopt the rules required by Sections |
|
2.102(j) and 2.209(d), Family Code, as added by this Act. |
|
SECTION 12. (a) Sections 2.002, 2.005, 2.006, 2.009, and |
|
2.102, Family Code, as amended by this Act, apply only to an |
|
application for a marriage license submitted to a county clerk on or |
|
after the effective date of this Act. An application for a marriage |
|
license submitted before the effective date of this Act is governed |
|
by the law in effect immediately before that date, and the former |
|
law is continued in effect for that purpose. |
|
(b) Sections 2.209(a) and (b), Family Code, as amended by |
|
this Act, apply only to a duplicate marriage license or certified |
|
copy of a marriage license requested on or after the effective date |
|
of this Act. A duplicate marriage license or certified copy of a |
|
marriage license requested before the effective date of this Act is |
|
governed by the law in effect immediately before that date, and the |
|
former law is continued in effect for that purpose. |
|
(c) Section 2.209(c), Family Code, as added by this Act, |
|
applies to an affidavit submitted on or after the effective date of |
|
this Act. An affidavit submitted before the effective date of this |
|
Act is governed by the law in effect immediately before that date, |
|
and the former law is continued in effect for that purpose. |
|
(d) Sections 2.403 and 2.404, Family Code, as amended by |
|
this Act, apply only to a declaration or certificate of informal |
|
marriage issued on or after the effective date of this Act. A |
|
declaration or certificate of informal marriage issued before the |
|
effective date of this Act is governed by the law in effect |
|
immediately before that date, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 13. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |