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AN ACT
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relating to the issuance of a marriage license for an absent |
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applicant, the participation of a proxy in certain marriage |
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ceremonies, and the maintenance and submission of records relating |
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to a marriage license issued for an absent applicant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.006(c), Family Code, is amended to |
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read as follows: |
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(c) Notwithstanding Subsection (a), the clerk may not issue |
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a marriage license for which both applicants are absent unless the |
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person applying on behalf of each absent applicant provides to the |
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clerk an affidavit of the applicant declaring that the applicant |
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is[:
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[(1) on active duty as] a member of the armed forces of |
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the United States stationed in another country in support of combat |
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or another military operation [or the state military forces; or
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[(2)
confined in a correctional facility, as defined
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by Section 1.07, Penal Code]. |
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SECTION 2. Section 2.007, Family Code, is amended to read as |
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follows: |
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Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit |
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of an absent applicant must include: |
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(1) the absent applicant's full name, including the |
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maiden surname of a female applicant, address, date of birth, place |
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of birth, including city, county, and state, citizenship, and |
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social security number, if any; |
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(2) a declaration that the absent applicant has not |
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been divorced within the last 30 days; |
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(3) a declaration that the absent applicant is: |
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(A) not presently married; or |
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(B) married to the other applicant and they wish |
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to marry again; |
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(4) a declaration that the other applicant is not |
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presently married and is not related to the absent applicant as: |
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(A) an ancestor or descendant, by blood or |
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adoption; |
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(B) a brother or sister, of the whole or half |
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blood or by adoption; |
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(C) a parent's brother or sister, of the whole or |
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half blood or by adoption; |
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(D) a son or daughter of a brother or sister, of |
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the whole or half blood or by adoption; |
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(E) a current or former stepchild or stepparent; |
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or |
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(F) a son or daughter of a parent's brother or |
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sister, of the whole or half blood or by adoption; |
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(5) a declaration that the absent applicant desires to |
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marry and the name, age, and address of the person to whom the |
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absent applicant desires to be married; |
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(6) the approximate date on which the marriage is to |
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occur; |
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(7) the reason the absent applicant is unable to |
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appear personally before the county clerk for the issuance of the |
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license; and |
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(8) [if the absent applicant will be unable to attend
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the ceremony,] the appointment of any adult, other than the other |
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applicant, to act as proxy for the purpose of participating in the |
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ceremony, if the absent applicant is: |
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(A) a member of the armed forces of the United |
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States stationed in another country in support of combat or another |
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military operation; and |
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(B) unable to attend the ceremony. |
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SECTION 3. Subchapter A, Chapter 2, Family Code, is amended |
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by adding Section 2.0071 to read as follows: |
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Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO |
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LICENSE FOR ABSENT APPLICANT. A county clerk who issues a marriage |
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license for an absent applicant shall maintain the affidavit of the |
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absent applicant and the application for the marriage license in |
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the same manner that the clerk maintains an application for a |
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marriage license submitted by two applicants in person. |
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SECTION 4. Section 2.203(b), Family Code, is amended to |
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read as follows: |
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(b) A person [unable to appear for the ceremony] may assent |
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to marriage by the appearance of a proxy appointed in the affidavit |
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authorized by Subchapter A if the person is: |
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(1) a member of the armed forces of the United States |
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stationed in another country in support of combat or another |
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military operation; and |
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(2) unable to attend the ceremony. |
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SECTION 5. Section 194.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The county clerk shall file with the bureau of vital |
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statistics a copy of each completed marriage license application |
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and a copy of any affidavit of an absent applicant submitted with an |
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application. The clerk shall file the copies [copy] not later than |
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the 90th day after the date of the application. The clerk may not |
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collect a fee for filing the copies [copy]. |
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SECTION 6. Sections 2.006 and 2.007, Family Code, as |
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amended by this Act, apply to an application for a marriage license |
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filed on or after the effective date of this Act. An application |
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filed before that date is governed by the law in effect on the date |
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the application was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |
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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. 869 was passed by the House on April |
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11, 2013, by the following vote: Yeas 144, Nays 0, 2 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. 869 was passed by the Senate on May |
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22, 2013, 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 |