BILL ANALYSIS

S.B. 1317

By: Whitmire

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A judge or magistrate of a federal court of Texas and a judge of a municipal court are currently authorized to conduct a marriage ceremony. Interested parties contend that a person who is retired from either position also should be allowed to conduct a marriage ceremony.  S.B. 1317 seeks to update state law relating to persons authorized to perform a marriage ceremony.

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

S.B. 1317 amends the Family Code to include a retired judge of a municipal court and a retired judge or magistrate of a federal court of Texas among the persons authorized to conduct a marriage ceremony.  The bill makes service requirements for a retired judge or justice to conduct a marriage ceremony applicable to a retired judge of a municipal court and requires a retired judge or magistrate of a federal court of Texas to be fully vested in the Federal Employees Retirement System under federal law to conduct a marriage ceremony.   

EFFECTIVE DATE

September 1, 2013.