By: Ramos H.B. No. 3879

Substitute the following for H.B. No. 3879:

By: Dutton C.S.H.B. No. 3879

A BILL TO BE ENTITLED

AN ACT

relating to the participation of armed forces members in a marriage ceremony through video conference technology.

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

SECTION 1. Section 2.007, Family Code, is amended to read as follows:

Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. (a) The affidavit of an absent applicant must include:

(1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;

(2) a declaration that the absent applicant has not been divorced within the last 30 days;

(3) a declaration that the absent applicant is:

(A) not presently married; or

(B) married to the other applicant and they wish to marry again;

(4) a declaration that the other applicant is not presently married and is not related to the absent applicant as:

(A) an ancestor or descendant, by blood or adoption;

(B) a brother or sister, of the whole or half blood or by adoption;

(C) a parent's brother or sister, of the whole or half blood or by adoption;

(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent; or

(F) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;

(5) a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;

(6) the approximate date on which the marriage is to occur; and

(7) the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license[; and

[(8) the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:

[(A) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and

[(B) unable to attend the ceremony].

(b) In addition to the requirements of Subsection (a), an absent applicant who is a member of the armed forces of the United States stationed in another country in support of combat or another military operation who is unable to attend the marriage ceremony authorized under Section 2.203 shall include in the applicant's affidavit:

(1) the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony; or

(2) a statement indicating that the applicant would prefer to participate in the ceremony through the use of video conference technology if available.

SECTION 2. Section 2.203(b), Family Code, is amended to read as follows:

(b) A person described by Section 2.007(b) may:

(1) assent to marriage by the appearance of the [a] proxy appointed in the affidavit authorized by Subchapter A; or

(2) participate in the ceremony through the use of video conference technology [if the person is:

[(1) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and

[(2) unable to attend the ceremony].

SECTION 3. Subchapter C, Chapter 27, Government Code, is amended by adding Section 27.062 to read as follows:

Sec. 27.062. VIDEO CONFERENCE TECHNOLOGY. For purposes of Section 2.203(b), Family Code, an office of the justice of the peace that has video conference technology for courtroom use may make that technology available for use in a ceremony conducted by the justice of the peace presiding over the court in which the technology exists.

SECTION 4. This Act takes effect September 1, 2019.