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A BILL TO BE ENTITLED
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AN ACT
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relating to certain void marriages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.202(b), Family Code, is amended to |
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read as follows: |
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(b) The later marriage that is void under this section |
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becomes valid when the prior marriage is dissolved if, after the |
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date of the dissolution, the parties have lived together as husband |
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and wife and represented themselves to others as being married, |
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unless a putative spouse: |
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(1) did not know that the later void marriage was |
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entered into when the other party had an existing marriage; and |
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(2) files a suit to declare the later marriage void not |
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later than the second anniversary of the date the putative spouse |
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knew or should have known that the later marriage was entered into |
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when the other party had an existing marriage. |
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SECTION 2. Chapter 9, Family Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. DECLARING A DECREE VOID |
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Sec. 9.401. LACK OF JURISDICTION. (a) A decree of divorce |
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or annulment is void if the court rendering the decree lacked |
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jurisdiction at the time the decree was rendered. |
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(b) A putative spouse may file a suit to declare a decree of |
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divorce or annulment void under Subsection (a). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |