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A BILL TO BE ENTITLED
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AN ACT
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relating to the application for and issuance of a marriage license |
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and the marriage of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.003, Family Code, is amended to read as |
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follows: |
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Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition |
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to the other requirements provided by this chapter, a person 16 |
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years of age or older but under 18 years of age applying for a |
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license must provide to the county clerk: |
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(1) both: |
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(A) documents establishing, as provided by |
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Section 2.102, parental consent for the person to the marriage; and |
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(B) a court order granted under Section 2.103 |
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authorizing the marriage of the person; or |
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(2) documents establishing that a prior marriage of |
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the person has been dissolved[; or
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[(3)
a court order granted under Section 2.103
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authorizing the marriage of the person]. |
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SECTION 2. Sections 2.006(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) If an applicant who is 18 years of age or older is unable |
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to appear personally before the county clerk to apply for a marriage |
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license, any adult person or the other applicant may apply on behalf |
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of the absent applicant. |
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(b) The person applying on behalf of an absent applicant |
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shall provide to the clerk: |
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(1) notwithstanding Section 132.001, Civil Practice |
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and Remedies Code, the notarized affidavit of the absent applicant |
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as provided by this subchapter; and |
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(2) proof of the identity and age of the absent |
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applicant under Section 2.005(b)[; and
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[(3)
if required because the absent applicant is a
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person under 18 years of age, documents establishing that a prior
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marriage has been dissolved, a court order authorizing the marriage
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of the absent, underage applicant, or documents establishing
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consent by a parent or a person who has legal authority to consent
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to the marriage, including:
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[(A)
proof of identity of the parent or person
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with legal authority to consent to the marriage under Section
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2.005(b); and
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[(B)
proof that the parent or person has the
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legal authority to consent to the marriage for the applicant under
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rules adopted under Section 2.102(j)]. |
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SECTION 3. Section 2.009(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (d), the |
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county clerk may not issue a license if either applicant: |
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(1) fails to provide the information required by this |
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subchapter; |
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(2) fails to submit proof of age and identity; |
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(3) [is under 16 years of age and has not been granted
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a court order as provided by Section 2.103;
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[(4)] is 16 years of age or older but under 18 years of |
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age and has not presented [at least one of the following]: |
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(A) both: |
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(i) parental consent as provided by Section |
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2.102; and |
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(ii) a court order as provided by Section |
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2.103; or |
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(B) documents establishing that a prior marriage |
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of the applicant has been dissolved[; or
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[(C) a court order as provided by Section 2.103]; |
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(4) [(5)] checks "false" in response to a statement in |
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the application, except as provided by Subsection (b) or (d), or |
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fails to make a required declaration in an affidavit required of an |
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absent applicant; or |
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(5) [(6)] indicates that the applicant has been |
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divorced within the last 30 days, unless: |
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(A) the applicants were divorced from each other; |
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or |
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(B) the prohibition against remarriage is waived |
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as provided by Section 6.802. |
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SECTION 4. Subchapter B, Chapter 2, Family Code, is amended |
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by adding Section 2.1015 to read as follows: |
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Sec. 2.1015. PARENTAL CONSENT AND COURT ORDER FOR UNDERAGE |
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APPLICANT REQUIRED. If an applicant is 16 years of age or older but |
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under 18 years of age, the county clerk may only issue a marriage |
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license if: |
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(1) parental consent is given as provided by Section |
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2.102; and |
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(2) a court grants the applicant permission to marry |
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as provided by Section 2.103. |
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SECTION 5. Section 2.102, Family Code, is amended by |
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amending Subsections (a), (b), (d), and (e) and adding Subsections |
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(a-1) and (b-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), the county clerk |
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may not issue a marriage license for an underage applicant unless |
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consent is given by each living parent of the applicant and any |
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person who has the court-ordered right to consent to marriage for |
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the applicant [If an applicant is 16 years of age or older but under
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18 years of age, the county clerk shall issue the license if
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parental consent is given as provided by this section]. |
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(a-1) Consent is not required to be given by a parent of an |
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underage applicant if the parent: |
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(1) is incarcerated in jail or prison; |
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(2) has been found by a court to be incompetent; |
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(3) does not have actual or court-ordered possession |
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of or access to the applicant; or |
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(4) because of illness or other incapacity, lacks the |
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capacity to consent. |
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(b) Parental consent must be evidenced by a written |
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declaration on a form supplied by the county clerk in which the |
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person consents to the marriage and swears that the person is a |
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parent [(if there is no person who has the court-ordered right to
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consent to marriage for the applicant)] or a person who has the |
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court-ordered right to consent to marriage for the applicant |
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[(whether an individual, authorized agency, or court)]. |
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(b-1) If the parent of an underage applicant is deceased or |
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not required to give consent under Subsection (a-1), the applicant |
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shall submit an affidavit to the county clerk stating that the |
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parent is deceased or the reason the parent's consent is not |
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required. |
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(d) If a [the] person giving parental consent resides in |
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another state, the consent may be acknowledged before an officer |
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authorized to issue marriage licenses in that state. |
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(e) If a [the] person giving parental consent is unable |
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because of illness or incapacity to comply with the provisions of |
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Subsection (c) or (d), the consent may be acknowledged before any |
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officer authorized to take acknowledgments. A consent under this |
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subsection must be accompanied by a physician's affidavit stating |
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that the person giving parental consent is unable to comply because |
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of illness or incapacity. |
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SECTION 6. Section 2.103(a), Family Code, is amended to |
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read as follows: |
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(a) A minor who is 16 years of age or older may petition the |
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court in the minor's own name for an order granting permission to |
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marry. In a suit under this section, the trial judge may advance the |
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suit if the best interest of the applicant would be served by an |
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early hearing. |
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SECTION 7. Section 6.205, Family Code, is amended to read as |
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follows: |
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Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either |
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party to the marriage is younger than 16 years of age[, unless a
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court order has been obtained under Section 2.103]. |
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SECTION 8. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.318 to read as follows: |
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Sec. 261.318. INVESTIGATION OF PENDING FORCED OR COERCED |
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MARRIAGE. The department shall make a prompt and thorough |
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investigation of a report of a child being forced or coerced into |
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entering a marriage. The department may remove the child from the |
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child's home and place the child in substitute care as provided by |
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this subtitle if the department determines that removal and |
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substitute care are in the best interest of the child and necessary |
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to prevent the pending forced or coerced marriage. |
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SECTION 9. (a) Sections 2.003, 2.006, 2.009, and 2.102, |
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Family Code, as amended by this Act, and Section 2.1015, Family |
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Code, as added by this Act, apply only to an application for a |
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marriage license filed on or after the effective date of this Act. |
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An application filed before that date is governed by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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(b) Section 2.103, Family Code, as amended by this Act, |
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applies only to a suit under that section filed on or after the |
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effective date of this Act. A suit filed before that date is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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(c) Section 6.205, Family Code, as amended by this Act, |
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applies only to a marriage entered into on or after the effective |
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date of this Act. A marriage entered into before that date is |
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governed by the law in effect on the date the marriage was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2015. |