bill letting couples marry first, get the license later

The text as introduced · 2,275 words

89R10963 AMF-D

By: King
S.B. No. 1956

A BILL TO BE ENTITLED

AN ACT

relating to an application for and the issuance of a marriage

license after the marriage ceremony has been conducted.

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

SECTION 1. Section 2.001(a), Family Code, is amended to

read as follows:

(a) A man and a woman desiring to enter into a ceremonial

marriage must obtain a marriage license from the county clerk of any

county of this state. The man and woman may obtain the marriage

license after the marriage ceremony only in accordance with Section

2.0025.

SECTION 2. Subchapter A, Chapter 2, Family Code, is amended

by adding Section 2.0025 to read as follows:

Sec. 2.0025. APPLICATION FOR LICENSE AFTER MARRIAGE

CEREMONY; AFFIDAVIT REQUIRED. To apply for a marriage license

after the marriage ceremony has been conducted, in addition to

satisfying the requirements under Section 2.002, each person

applying for the marriage license must submit to the county clerk an

affidavit in the form prescribed by the bureau of vital statistics

that:

(1) contains a heading entitled, "Post-Ceremony

Marriage Affidavit, ____________ County, Texas";

(2) attests the marriage ceremony has taken place;

(3) includes:

(A) the date of the marriage and the county in

which the marriage was performed; and

(B) the name of the person who conducted the

ceremony; and

(4) is signed by:

(A) both applicants for the marriage license;

(B) two witnesses to the ceremony; and

(C) the person who conducted the ceremony.

SECTION 3. Section 2.004, Family Code, is amended by

amending Subsections (b) and (d) and adding Subsection (e) to read

as follows:

(b) The application form must contain:

(1) a heading entitled "Application for Marriage

License, ____________ County, Texas";

(2) spaces for each applicant's full name, including

the woman's maiden surname, address, social security number, if

any, date of birth, and place of birth, including city, county, and

state;

(3) a space for indicating the document tendered by

each applicant as proof of identity and age;

(4) spaces for indicating whether each applicant has

been divorced within the last 30 days;

(5) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "I am not

presently married and the other applicant is not presently

married.";

(6) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "I am

ceremonially married to the other applicant and am including a

completed Post-Ceremony Marriage Affidavit with this application,

I am not presently married to a person other than the other

applicant, and the other applicant is not presently married to a

person other than myself" together with an explanation that an

applicant who checks "true" in response to the statement is not

required to check "true" or "false" under Subdivision (5);

(7) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "The other

applicant is not related to me as:

(A) an ancestor or descendant, by blood or

adoption;

(B) a brother or sister, of the whole or half

blood or by adoption;

(C) a parent's brother or sister, of the whole or

half blood or by adoption;

(D) a son or daughter of a brother or sister, of

the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent;

or

(F) a son or daughter of a parent's brother or

sister, of the whole or half blood or by adoption.";

(8) [ (7) ] printed boxes for each applicant to check

"true" or "false" in response to the following statement: "I am not

presently delinquent in the payment of court-ordered child

support.";

(9) [ (8) ] a printed oath reading: "I SOLEMNLY SWEAR

(OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

CORRECT.";

(10) [ (9) ] spaces immediately below the printed oath

for the applicants' signatures;

(11) [ (10) ] a certificate of the county clerk that:

(A) each applicant made the oath and the date and

place that it was made; or

(B) an applicant did not appear personally but

the prerequisites for the license have been fulfilled as provided

by this chapter;

(12) [ (11) ] spaces for indicating the date of the

marriage and the county in which the marriage is performed;

(13) [ (12) ] a space for the address to which the

applicants desire the completed license to be mailed; and

(14) [ (13) ] a printed box for each applicant to check

indicating that the applicant wishes to make a voluntary

contribution of $5 to promote healthy early childhood by supporting

the Texas Home Visiting Program administered by the Office of Early

Childhood Coordination of the Health and Human Services Commission.

(d) An applicant commits an offense if the applicant

knowingly provides false information under Subsection (b)(5) , [ or ]

(6) , or (7) . An offense under this subsection is a Class A

misdemeanor.

(e) An applicant who checks "true" under Subsection (b)(6)

is not required to check "true" or "false" under Subsection (b)(5).

SECTION 4. Section 2.008(a), Family Code, is amended to

read as follows:

(a) The county clerk shall:

(1) determine that :

(A) all necessary information is recorded in the

application , other than , if the ceremony has not yet been

performed, the date of the marriage ceremony, the county in which

the ceremony is conducted, and the name of the person who performs

the ceremony ; [ , is recorded on the application ] and

(B) [ that ] all necessary documents are

submitted;

(2) administer the oath to each applicant appearing

before the clerk;

(3) have each applicant appearing before the clerk

sign the application in the clerk's presence; and

(4) execute the clerk's certificate on the

application.

SECTION 5. Sections 2.009(a) and (b), Family Code, are

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 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 under

Section 2.004(b)(5), (7), or (8) 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.

(b) If an applicant checks "false" in response to the

statement "I am not presently married and the other applicant is not

presently married[ , ]" under Section 2.004(b)(5), the county clerk

shall inquire as to whether the applicant is presently married to

the other applicant. If the applicant states that the applicant is

currently married to the other applicant, the county clerk shall

record that statement on the license before the administration of

the oath. The county clerk may not refuse to issue a license on the

ground that the applicants are already married to each other.

SECTION 6. Section 2.203(a), Family Code, is amended to

read as follows:

(a) On receiving an unexpired marriage license, or, if

applicable, on being informed by each person requesting to be

married in the ceremony that the persons to be married intend to

apply for a marriage license after the ceremony in accordance with

Section 2.0025, an authorized person may conduct the marriage

ceremony as provided by this subchapter.

SECTION 7. Section 2.204, Family Code, is amended to read as

follows:

Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a)

Except as provided by this section :

(1) [ , ] a marriage ceremony may not take place during

the 72-hour period immediately following the issuance of the

marriage license ; or

(2) if the marriage ceremony is conducted before the

marriage license is issued, the applicants may not apply for a

marriage license under Section 2.0025 during the 72-hour period

immediately following the ceremony .

(b) The 72-hour waiting period under Subsection (a) [ after

issuance of a marriage license ] does not apply to an applicant who:

(1) is a member of the armed forces of the United

States and on active duty;

(2) is not a member of the armed forces of the United

States but performs work for the United States Department of

Defense as a department employee or under a contract with the

department;

(3) obtains a written waiver under Subsection (c); or

(4) completes a premarital education course described

by Section 2.013, and who provides to the county clerk a premarital

education course completion certificate indicating completion of

the premarital education course not more than one year before the

date the marriage license application is filed with the clerk.

(c) An applicant may request a judge of a court with

jurisdiction in family law cases, a justice of the supreme court, a

judge of the court of criminal appeals, a county judge, a judge of a

court of appeals, an associate judge appointed under Chapter 201,

an associate judge appointed under Chapter 54A, Government Code, or

a justice of the peace for a written waiver permitting the marriage

ceremony to take place during the 72-hour period immediately

following the issuance of the marriage license or permitting the

applicant to apply for a marriage license under Section 2.0025

during the 72-hour period immediately following the marriage

ceremony, as applicable . If the judge, associate judge, or justice

finds that there is good cause [ for the marriage to take place

during the period ], the judge, associate judge, or justice shall

sign the waiver. Notwithstanding any other provision of law, a

judge, associate judge, or justice under this section has the

authority to sign a waiver under this section.

SECTION 8. The heading to Section 2.206, Family Code, is

amended to read as follows:

Sec. 2.206. RETURN OF LICENSE OR POST-CEREMONY MARRIAGE

AFFIDAVIT ; PENALTY.

SECTION 9. Section 2.206(a), Family Code, is amended to

read as follows:

(a) The person who conducts a marriage ceremony shall , as

applicable:

(1) record on the license the date on which and the

county in which the ceremony is performed and the person's name,

subscribe the license, and return the license to the county clerk

who issued it not later than the 30th day after the date the

ceremony is conducted ; or

(2) record on a Post-Ceremony Marriage Affidavit the

date on which and the county in which the ceremony was performed and

the person's name, subscribe the affidavit, and return the

affidavit to a person who was married in the ceremony .

SECTION 10. Section 2.207(a), Family Code, is amended to

read as follows:

(a) A person who is to conduct a marriage ceremony shall , if

applicable, determine whether the license has expired from the

county clerk's endorsement on the license.

SECTION 11. Section 2.208(a), Family Code, is amended to

read as follows:

(a) The county clerk shall record a [ returned ] marriage

license returned after a marriage ceremony has been conducted or a

marriage license that includes a completed Post-Ceremony Marriage

Affidavit and mail the license to the address indicated on the

application. On request by the applicants, the county clerk may

e-mail the marriage license to an e-mail address provided to the

county clerk by the applicants in addition to mailing the license.

SECTION 12. Section 6.110, Family Code, is amended to read

as follows:

Sec. 6.110. VIOLATION OF 72-HOUR WAITING PERIOD [ MARRIAGE

LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE ]. (a) The court may

grant an annulment of a marriage to a party to the marriage if :

(1) the marriage ceremony took place [ in violation of

Section 2.204 ] during the 72-hour period immediately following the

issuance of the marriage license in violation of Section

2.204(a)(1); or

(2) the parties to the marriage ceremony applied for a

marriage license during the 72-hour period immediately following

the ceremony in violation of Section 2.204(a)(2) .

(b) A suit may not be brought under this section after the

30th day after the date of the marriage.

SECTION 13. The changes in law made by this Act apply only

to an application for a marriage license submitted on or after

December 1, 2025. An application for a marriage license submitted

before that date is governed by the law in effect immediately before

the effective date of this Act, and the former law is continued in

effect for that purpose.

SECTION 14. Not later than December 1, 2025, the vital

statistics unit of the Department of State Health Services shall:

(1) prescribe the form of the affidavit required by

Section 2.0025, Family Code, as added by this Act; and

(2) update as necessary the form required by Section

2.004, Family Code, as amended by this Act.

SECTION 15. 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.