87R6786 EAS-D
 
  By: Rosenthal H.B. No. 1590
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the age at which a person in this state may marry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 18 years of age, regardless of whether the
  applicant has been granted by this state or another state [and has
  not presented:
                     [(A)]  a court order [granted by this state under
  Chapter 31] removing the disabilities of minority of the applicant
  for general purposes; [or
                     [(B)  if the applicant is a nonresident minor, a
  certified copy of an order removing the disabilities of minority of
  the applicant for general purposes filed with this state under
  Section 31.007;]
               (4)  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)  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 2.  Section 2.101, Family Code, is amended to read as
  follows:
         Sec. 2.101.  GENERAL AGE REQUIREMENT. A county clerk may not
  issue a marriage license if either applicant is under 18 years of
  age, regardless of whether the [unless each] underage applicant
  [shows that the applicant] has been granted by this state or another
  state a court order removing the disabilities of minority of the
  applicant for general purposes.
         SECTION 3.  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 18 years of age, regardless of
  whether [unless] a court order removing the disabilities of
  minority of the party for general purposes has been obtained in this
  state or in another state.
         SECTION 4.  Section 2.003, Family Code, is repealed.
         SECTION 5.  (a) Chapter 2, Family Code, as amended by this
  Act, applies 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 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 6.  This Act takes effect September 1, 2021.