Monitoring the Session

HB 2240

bill changes when a second marriage becomes valid

Became law

Verdict: No flags

No flagsInitial review
Rep. Harold V. Dutton Jr.DHouse 142

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to certain void marriages.

Caption from analyzed text · version I.

Summary

Today it turns valid once the first marriage ends and they keep living together.

The bill changes the rule that lets a second marriage, made while one partner was still married to someone else, become valid once the first marriage ends and the couple keeps living together as married. It adds an exception for a spouse who did not know about the earlier marriage and who sues to void the later marriage within two years of learning or having reason to learn about it. It also says a divorce or annulment decree is void if the court lacked jurisdiction, and lets such a spouse sue to have that decree declared void.

Labels

Labels: INSTANT LAW. Took effect immediately, on Jun 20, 2025. 833 of the 1,185 graded 89R laws took effect Sep 1, 2025 (derived from the bill histories, snapshot Oct 19, 2026).DO-OVER. Reworked text of a bill filed before that died: 88R HB 3431 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.

Receipt

The receipt

89R-HB2240 · 2025-01-29

SOLD BY

Rep. Harold V. Dutton Jr.DHouse 142

ITEM

relating to certain void marriages.

WHAT IT DOES

Today it turns valid once the first marriage ends and they keep living together.

The bill changes the rule that lets a second marriage, made while one partner was still married to someone else, become valid once the first marriage ends and the couple keeps living together as married. It adds an exception for a spouse who did not know about the earlier marriage and who sues to void the later marriage within two years of learning or having reason to learn about it. It also says a divorce or annulment decree is void if the court lacked jurisdiction, and lets such a spouse sue to have that decree declared void.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 28, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to s/c on Family & Fiduciary Relationships by Speaker
  4. Scheduled for public hearing in s/c on . . .
  5. Considered by s/c in public hearing
  6. Committee substitute considered in s/c
  7. Testimony taken/registration(s) recorded in subcommittee
  8. Left pending in subcommittee
  9. Recalled from subcommittee
  10. Considered in formal meeting
  11. Committee substitute considered in committee
  12. Reported favorably as substituted
  13. Comte report filed with Committee Coordinator
  14. Committee report distributed
  15. Committee report sent to Calendars
  16. Considered in Calendars
  17. Placed on General State Calendar
  18. Read 2nd time
  19. Passed to engrossment
  20. Read 3rd time
  21. Passed
  22. Record vote RV#1458
  23. Statement(s) of vote recorded in Journal
  24. Reported engrossed
  25. Received from the House
  26. Read first time
  27. Referred to Jurisprudence
  28. Rereferred to committee
  29. Referred to State Affairs
  30. Scheduled for public hearing on . . .
  31. Considered in public hearing
  32. Vote taken in committee
  33. Reported favorably w/o amendments
  34. Recommended for local & uncontested calendar
  35. Committee report printed and distributed
  36. Placed on intent calendar
  37. Placed on local & uncontested calendar
  38. Rules suspended-Regular order of business
  39. Read 2nd time
  40. Amendment(s) offered FA1 Birdwell
  41. Amended
  42. Vote recorded in Journal
  43. Passed to 3rd reading as amended
  44. Vote recorded in Journal
  45. Three day rule suspended
  46. Record vote
  47. Read 3rd time
  48. Passed
  49. Record vote
  50. Senate passage as amended reported
  51. Senate Amendments distributed
  52. Senate Amendments Analysis distributed
  53. House concurs in Senate amendment(s)
  54. Record vote RV#4041
  55. Statement(s) of vote recorded in Journal
  56. Text of Senate Amendment(s)
  57. House concurs in Senate amendment(s)-reported
  58. Reported enrolled
  59. Signed in the House
  60. Signed in the Senate
  61. Sent to the Governor
  62. Signed by the Governor
  63. Effective immediately
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 138 yea · 8 nay

Senate · 30 yea · 1 nay

Sources

House: Final passage · May 6, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 27, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Harold V. Dutton Jr.

Donors

Texas Trial Lawyers Association PAC$66KTexas Sands PAC$58KCharter Schools Now PAC$36K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 29, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$65,748.00

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

Texas Sands PAC$58,000.00

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

Charter Schools Now PAC$36,000.00

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

×

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

×

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Votes5

House May 29, 2025

Yea
128
Nay
10
Present, not voting
1
Absent
5
Excused
6
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 4041

Representative Moody moved to concur in the senate amendments to HB 2240. The motion to concur in the senate amendments to HB 2240 prevailed by (Record 4041): 128 Yeas, 10 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 128 (published)
  • Nay: 10 (published)
  • Present, not voting: 1 (published)
  • Absent: 5 (derived from named list)
  • Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
30
Nay
1
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 1 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
30
Nay
1
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2240 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1.

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 1 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

HB 2240 as amended was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 6, 2025

Yea
138
Nay
8
Present, not voting
1
Absent
3
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1458

HB 2240 was passed by (Record 1458): 138 Yeas, 8 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 138 (published)
  • Nay: 8 (published)
  • Present, not voting: 1 (published)
  • Absent: 3 (derived from named list)
  • Excused: 0 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses4
For
4
Against
0
On
0
Names

For

  • Self1 registration
  • Self; Texas Family Law Foundation1 registration
  • Texas Family Law Foundation2 registrations
Sources

4 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 28, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 3431

by Rep. Dutton, same lead author · Did not pass · reworked

Introduced text

Last action, May 24, 2023: Removed from local & uncontested calendar

Relating to certain void marriages.

Caption, 88R bill history

Sources

Texas House · Filed Jan 29, 2025

06/20/2025 E Effective immediately

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors
Judith ZaffiriniDSenate 21

House committee · Judiciary & Civil Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · State Affairs · Committee vote 10 aye, 0 nay, 1 absent · Out of committee

Subjects

Family--Marriage Relationship

DIVORCE

Text

The text as introduced · 273 words

89R11457 AMF-F

By: Dutton
H.B. No. 2240

A BILL TO BE ENTITLED

AN ACT

relating to certain void marriages.

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

SECTION 1. Section 6.202(b), Family Code, is amended to

read as follows:

(b) The later marriage that is void under this section

becomes valid when the prior marriage is dissolved if, after the

date of the dissolution, the parties have lived together as husband

and wife and represented themselves to others as being married ,

unless a putative spouse:

(1) did not know that the later marriage was entered

into when the other party had an existing marriage; and

(2) files a suit to declare the later marriage void not

later than the second anniversary of the date the putative spouse

knew or should have known that the later marriage was entered into

when the other party had an existing marriage .

SECTION 2. Chapter 9, Family Code, is amended by adding

Subchapter E to read as follows:

SUBCHAPTER E. DECLARING A DECREE VOID

Sec. 9.401. LACK OF JURISDICTION. (a) A decree of divorce

or annulment is void if the court rendering the decree lacked

jurisdiction at the time the decree was rendered.

(b) A putative spouse may file a suit to declare a decree of

divorce or annulment void under Subsection (a).

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.