Hayes Bill Sets Texas Marriage Age At 18, No Exceptions

The text as introduced · 600 words

By: Hayes
H.B. No. 1095

A BILL TO BE ENTITLED

AN ACT

relating to the age at which a person in this state may marry and to

certain rights of a party to a void marriage entered into when the

party was a minor.

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

SECTION 1. Section 2.009(a), Family Code, is 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 , regardless of whether the

applicant has been granted by this state or another state [ 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 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.

SECTION 2. Section 2.101, Family Code, is amended to read as

follows:

Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not

issue a marriage license if either applicant is under 18 years of

age, regardless of whether the [ unless each ] underage applicant

[ shows that the applicant ] has been granted by this state or another

state a court order removing the disabilities of minority of the

applicant for general purposes.

SECTION 3. Section 6.205, Family Code, is amended to read as

follows:

Sec. 6.205. MARRIAGE TO MINOR. (a) A marriage is void if

either party to the marriage is younger than 18 years of age,

regardless of whether [ unless ] a court order removing the

disabilities of minority of the party for general purposes has been

obtained in this state or in another state.

(b) Notwithstanding any other law, a party to a marriage

that is void under this section who was a minor at the time the

putative marriage was entered into may seek division of property

under Chapter 7 and spousal maintenance under Chapter 8 in the same

manner as a party to a suit for dissolution of a marriage.

SECTION 4. Section 2.003, Family Code, is repealed.

SECTION 5. (a) Chapter 2, Family Code, as amended by this

Act, applies only to an application for a marriage license filed on

or after the effective date of this Act. An application filed before

that date is governed by the law in effect on the date the

application was filed, and the former law is continued in effect for

that purpose.

(b) Section 6.205, Family Code, as amended by this Act,

applies only to a marriage entered into on or after the effective

date of this Act. A marriage entered into before that date is

governed by the law in effect on the date the marriage was entered

into, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2027.