85R5840 JSC-D     By: Thompson of Harris H.B. No. 3932       A BILL TO BE ENTITLED   AN ACT   relating to the application for and issuance of a marriage license   and the marriage of a minor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2.003, Family Code, is amended to read as   follows:          Sec. 2.003.  APPLICATION FOR LICENSE BY MINOR. (a)  A person   under 18 years of age may not marry unless the person has been   granted by this state or another state a court order removing the   disabilities of minority of the person for general purposes.          (b)  In addition to the other requirements provided by this   chapter, a person under 18 years of age applying for a license must   provide to the county clerk:                (1)  [documents establishing, as provided by Section   2.102, parental consent for the person to the marriage;                [(2)     documents establishing that a prior marriage of   the person has been dissolved; or                [(3)]  a court order granted by this state under   Chapter 31 removing the disabilities of minority of the person for   general purposes; or                (2)  if the person is a nonresident minor, a certified   copy of an order removing the disabilities of minority of the person   for general purposes filed with this state under Section 31.007    [Section 2.103 authorizing the marriage of the person].          SECTION 2.  Sections 2.006(a) and (b), Family Code, are   amended to read as follows:          (a)  If an applicant who is 18 years of age or older is unable   to appear personally before the county clerk to apply for a marriage   license, any adult person or the other applicant may apply on behalf   of the absent applicant.          (b)  The person applying on behalf of an absent applicant   shall provide to the clerk:                (1)  notwithstanding Section 132.001, Civil Practice   and Remedies Code, the notarized affidavit of the absent applicant   as provided by this subchapter; and                (2)  proof of the identity and age of the absent   applicant under Section 2.005(b)[; and                [(3)     if required because the absent applicant is a   person under 18 years of age, documents establishing that a prior   marriage has been dissolved, a court order authorizing the marriage   of the absent, underage applicant, or documents establishing   consent by a parent or a person who has legal authority to consent   to the marriage, including:                      [(A)     proof of identity of the parent or person   with legal authority to consent to the marriage under Section   2.005(b); and                      [(B)     proof that the parent or person has the   legal authority to consent to the marriage for the applicant under   rules adopted under Section 2.102(j)].          SECTION 3.  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 16 years of age and has not been granted   a court order as provided by Section 2.103;                [(4)]  is [16 years of age or older but] under 18 years   of age and has not presented [at least one of the following]:                      (A)  [parental consent as provided by Section   2.102;                      [(B)     documents establishing that a prior   marriage of the applicant has been dissolved; or                      [(C)]  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 [as provided by Section 2.103];                (4) [(5)]  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) [(6)]  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 4.  Section 2.101, Family Code, is amended to read as   follows:          Sec. 2.101.  GENERAL AGE REQUIREMENT. A [Except as   otherwise provided by this subchapter or on a showing that a prior   marriage has been dissolved, a] county clerk may not issue a   marriage license if either applicant is under 18 years of age,   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 5.  Section 6.205, Family Code, is amended to read as   follows:          Sec. 6.205.  MARRIAGE TO MINOR. A marriage is void if either   party to the marriage is younger than 18 [16] years of age, 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   [under Section 2.103].          SECTION 6.  Sections 2.102 and 2.103, Family Code, are   repealed.          SECTION 7.  (a) Sections 2.003, 2.006, 2.009, and 2.101,   Family Code, as amended by this Act, apply 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 8.  This Act takes effect September 1, 2017.