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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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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.002, Family Code, is amended to read as |
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follows: |
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Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by |
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Section 2.006, each person applying for a license must: |
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(1) appear before the county clerk; |
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(2) submit the person's proof of identity and age as |
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provided by Section 2.005(b) [this subchapter]; |
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(3) provide the information applicable to that person |
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for which spaces are provided in the application for a marriage |
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license; |
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(4) mark the appropriate boxes provided in the |
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application; and |
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(5) take the oath printed on the application and sign |
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the application before the county clerk. |
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SECTION 2. Section 2.005(b), Family Code, is amended to |
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read as follows: |
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(b) The proof must be established by: |
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(1) a driver's license or identification card issued |
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by this state, another state, or a Canadian province that is current |
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or has expired not more than two years preceding the date the |
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identification is submitted to the county clerk in connection with |
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an application for a license; |
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(2) a United States passport; |
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(3) a current passport issued by a foreign country or a |
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consular document issued by a state or national government; |
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(4) an unexpired Certificate of United States |
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Citizenship, Certificate of Naturalization, United States Citizen |
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Identification Card, Permanent Resident Card, Temporary Resident |
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Card, Employment Authorization Card, or other document issued by |
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the federal Department of Homeland Security or the United States |
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Department of State including an identification photograph; |
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(5) an unexpired military identification card for |
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active duty, reserve, or retired personnel with an identification |
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photograph; |
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(6) an original or certified copy of a birth |
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certificate issued by a bureau of vital statistics for a state or a |
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foreign government; |
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(7) an original or certified copy of a Consular Report |
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of Birth Abroad or Certificate of Birth Abroad issued by the United |
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States Department of State; |
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(8) an original or certified copy of a court order |
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relating to the applicant's name change or sex change; |
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(9) school records from a secondary school or |
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institution of higher education; |
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(10) an insurance policy continuously valid for the |
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two years preceding the date of the application for a license; |
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(11) a motor vehicle certificate of title; |
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(12) military records, including documentation of |
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release or discharge from active duty or a draft record; |
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(13) an unexpired military dependent identification |
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card; |
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(14) an original or certified copy of the applicant's |
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marriage license or divorce decree; |
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(15) a voter registration certificate; |
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(16) a pilot's license issued by the Federal Aviation |
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Administration or another authorized agency of the United States; |
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(17) a license to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(18) a temporary driving permit or a temporary |
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identification card issued by the Department of Public Safety; or |
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(19) an offender identification card issued by the |
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Texas Department of Criminal Justice [a certified copy of the
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applicant's birth certificate or by some certificate, license, or
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document issued by this state or another state, the United States,
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or a foreign government]. |
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SECTION 3. Section 2.006(b), Family Code, is amended to |
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read as follows: |
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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; |
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(2) proof of the identity and age of the absent |
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applicant under Section 2.005(b) [as provided by this subchapter]; |
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and |
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(3) if required because the absent applicant is a |
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person under 18 years of age, [the documents establishing parental
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consent,] documents establishing that a prior marriage has been |
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dissolved, [or] a court order authorizing the marriage of the |
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absent, underage applicant, or documents establishing consent by a |
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parent or a person who has legal authority to consent to the |
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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 legal |
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authority to consent to the marriage for the applicant under rules |
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adopted under Section 2.102(j). |
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SECTION 4. 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 a |
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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) parental consent as provided by Section |
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2.102; |
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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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(5) checks "false" in response to a statement in the |
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application, except as provided by Subsection (b) or (d), or fails |
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to make a required declaration in an affidavit required of an absent |
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applicant; or |
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(6) indicates that the applicant has been divorced [by
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a decree of a court of this state] 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 5. Section 2.102, Family Code, is amended by adding |
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Subsections (i) and (j) to read as follows: |
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(i) A parent or person who has the legal authority to |
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consent to marriage for an underage applicant who gives consent |
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under this section shall provide: |
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(1) proof of the parent's or person's identity under |
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Section 2.005(b); and |
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(2) proof that the parent or person has the legal |
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authority to consent to marriage for the applicant under rules |
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adopted under Subsection (j). |
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(j) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules detailing acceptable proof of |
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the legal authority to consent to the marriage of an underage |
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applicant. In adopting rules, the executive commissioner shall |
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ensure that the rules: |
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(1) adequately protect against fraud; and |
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(2) do not create an undue burden on any class of |
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person legally entitled to consent to the marriage of an underage |
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applicant. |
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SECTION 6. Section 2.209, Family Code, is amended to read as |
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follows: |
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Sec. 2.209. DUPLICATE LICENSE. (a) On request [the
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application and proof of identity of a person whose marriage is
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recorded in the records of the county clerk], the county clerk shall |
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issue a certified copy of a recorded [duplicate] marriage license |
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[completed with information as contained in the records]. |
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(b) If a marriage license issued by a county clerk is lost, |
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destroyed, or rendered useless, the clerk shall issue a duplicate |
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license [On the application and proof of identity of both persons to
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whom a marriage license was issued but not recorded as required by
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Section 2.208, the county clerk shall issue a duplicate license if
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each person applying submits to the clerk an affidavit stating:
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[(1)
that the persons to whom the original license was
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issued were married to each other before the expiration date of the
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original license by a person authorized to conduct a marriage
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ceremony;
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[(2)
the name of the person who conducted the
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ceremony; and
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[(3) the date of the ceremony]. |
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(c) If one or both parties to a marriage license discover an |
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error on the recorded marriage license, both parties to the |
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marriage shall execute a notarized affidavit stating the error. |
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The county clerk shall file and record the affidavit as an amendment |
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to the marriage license, and the affidavit is considered part of the |
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marriage license. The clerk shall include a copy of the affidavit |
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with any future certified copy of the marriage license issued by the |
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clerk. |
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(d) The executive commissioner of the Health and Human |
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Services Commission by rule shall prescribe the form of the |
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affidavit under Subsection (c). |
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SECTION 7. Section 2.403(a), Family Code, is amended to |
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read as follows: |
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(a) The county clerk shall require proof of the identity and |
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age of each party to the declaration of informal marriage to be |
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established by a document listed in Section 2.005(b) [a certified
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copy of the party's birth certificate or by some certificate,
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license, or document issued by this state or another state, the
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United States, or a foreign government]. |
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SECTION 8. The heading to Section 2.404, Family Code, is |
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amended to read as follows: |
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Sec. 2.404. RECORDING OF CERTIFICATE OR DECLARATION OF |
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INFORMAL MARRIAGE. |
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SECTION 9. Section 2.404, Family Code, is amended by adding |
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Subsection (a-1) and amending Subsections (b), (c), and (d) to read |
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as follows: |
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(a-1) On the proper execution of the declaration, the clerk |
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may: |
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(1) prepare a certificate of informal marriage; |
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(2) enter on the certificate the names of the persons |
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declaring their informal marriage and the date the certificate or |
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declaration is issued; and |
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(3) record the time at which the certificate or |
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declaration is issued. |
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(b) The county clerk may not certify the declaration or |
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issue or record the certificate of informal marriage or declaration |
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if: |
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(1) either party fails to supply any information or |
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provide any document required by this subchapter; |
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(2) either party is under 18 years of age; or |
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(3) either party checks "false" in response to the |
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statement of relationship to the other party. |
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(c) On execution of the declaration, the county clerk shall |
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record the declaration or certificate of informal marriage [and all
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documents submitted with the declaration or note a summary of them
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on the declaration form], deliver the original of the declaration |
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to the parties, deliver the original of the certificate of informal |
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marriage to the parties, if a certificate was prepared, and send a |
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copy of the declaration of informal marriage to the bureau of vital |
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statistics. |
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(d) An executed [A] declaration or a certificate of informal |
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marriage recorded as provided in this section is prima facie |
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evidence of the marriage of the parties. |
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SECTION 10. Section 2.011, Family Code, is repealed. |
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SECTION 11. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required by Sections |
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2.102(j) and 2.209(d), Family Code, as added by this Act. |
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SECTION 12. (a) Sections 2.002, 2.005, 2.006, 2.009, and |
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2.102, Family Code, as amended by this Act, apply only to an |
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application for a marriage license submitted to a county clerk on or |
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after the effective date of this Act. An application for a marriage |
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license submitted before the effective date of this Act is governed |
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by the law in effect immediately before that date, and the former |
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law is continued in effect for that purpose. |
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(b) Sections 2.209(a) and (b), Family Code, as amended by |
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this Act, apply only to a duplicate marriage license or certified |
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copy of a marriage license requested on or after the effective date |
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of this Act. A duplicate marriage license or certified copy of a |
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marriage license requested before the effective date of this Act is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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(c) Section 2.209(c), Family Code, as added by this Act, |
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applies to an affidavit submitted on or after the effective date of |
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this Act. An affidavit submitted before the effective date of this |
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Act is governed by the law in effect immediately before that date, |
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and the former law is continued in effect for that purpose. |
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(d) Sections 2.403 and 2.404, Family Code, as amended by |
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this Act, apply only to a declaration or certificate of informal |
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marriage issued on or after the effective date of this Act. A |
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declaration or certificate of informal marriage issued before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3666 was passed by the House on May |
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12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3666 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |