84R7773 EES-D

By: Sheets H.B. No. 3734

A BILL TO BE ENTITLED

AN ACT

relating to the application for and issuance of a marriage license and the marriage of a minor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.003, Family Code, is amended to read as follows:

Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition to the other requirements provided by this chapter, a person 16 years of age or older but under 18 years of age applying for a license must provide to the county clerk:

(1) both:

(A) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage; and

(B) a court order granted under Section 2.103 authorizing the marriage of the person; or

(2) documents establishing that a prior marriage of the person has been dissolved[; or

[(3) a court order granted under Section 2.103 authorizing the marriage of the person].

SECTION 2. Sections 2.006(a) and (b), Family Code, are amended to read as follows:

(a) If an applicant who is 18 years of age or older is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.

(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; and

(2) proof of the identity and age of the absent applicant under Section 2.005(b)[; and

[(3) if required because the absent applicant is a person under 18 years of age, documents establishing that a prior marriage has been dissolved, 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 3. 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) both:

(i) parental consent as provided by Section 2.102; and

(ii) a court order as provided by Section 2.103; or

(B) documents establishing that a prior marriage of the applicant has been dissolved[; or

[(C) a court order as provided by Section 2.103];

(4) [(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

(5) [(6)] indicates that the applicant has been divorced 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 4. Subchapter B, Chapter 2, Family Code, is amended by adding Section 2.1015 to read as follows:

Sec. 2.1015. PARENTAL CONSENT AND COURT ORDER FOR UNDERAGE APPLICANT REQUIRED. If an applicant is 16 years of age or older but under 18 years of age, the county clerk may only issue a marriage license if:

(1) parental consent is given as provided by Section 2.102; and

(2) a court grants the applicant permission to marry as provided by Section 2.103.

SECTION 5. Section 2.102, Family Code, is amended by amending Subsections (a), (b), (d), and (e) and adding Subsections (a-1) and (b-1) to read as follows:

(a) Except as provided by Subsection (a-1), the county clerk may not issue a marriage license for an underage applicant unless consent is given by each living parent of the applicant and any person who has the court-ordered right to consent to marriage for the applicant [If an applicant is 16 years of age or older but under 18 years of age, the county clerk shall issue the license if parental consent is given as provided by this section].

(a-1) Consent is not required to be given by a parent of an underage applicant if the parent:

(1) is incarcerated in jail or prison;

(2) has been found by a court to be incompetent;

(3) does not have actual or court-ordered possession of or access to the applicant; or

(4) because of illness or other incapacity, lacks the capacity to consent.

(b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent [(if there is no person who has the court-ordered right to consent to marriage for the applicant)] or a person who has the court-ordered right to consent to marriage for the applicant [(whether an individual, authorized agency, or court)].

(b-1) If the parent of an underage applicant is deceased or not required to give consent under Subsection (a-1), the applicant shall submit an affidavit to the county clerk stating that the parent is deceased or the reason the parent's consent is not required.

(d) If a [the] person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state.

(e) If a [the] person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this subsection must be accompanied by a physician's affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity.

SECTION 6. Section 2.103(a), Family Code, is amended to read as follows:

(a) A minor who is 16 years of age or older may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.

SECTION 7. Section 6.205, Family Code, is amended to read as follows:

Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either party to the marriage is younger than 16 years of age[, unless a court order has been obtained under Section 2.103].

SECTION 8. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.318 to read as follows:

Sec. 261.318. INVESTIGATION OF PENDING FORCED OR COERCED MARRIAGE. The department shall make a prompt and thorough investigation of a report of a child being forced or coerced into entering a marriage. The department may remove the child from the child's home and place the child in substitute care as provided by this subtitle if the department determines that removal and substitute care are in the best interest of the child and necessary to prevent the pending forced or coerced marriage.

SECTION 9. (a) Sections 2.003, 2.006, 2.009, and 2.102, Family Code, as amended by this Act, and Section 2.1015, Family Code, as added by this Act, apply only to an application for a marriage license filed on or after the effective date of this Act. An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

(b) Section 2.103, Family Code, as amended by this Act, applies only to a suit under that section filed on or after the effective date of this Act. A suit filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.

(c) Section 6.205, Family Code, as amended by this Act, applies only to a marriage entered into on or after the effective date of this Act. A marriage entered into before that date is governed by the law in effect on the date the marriage was entered into, and the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2015.