SB1956 - Relating to an application for and the issuance of a marriage license after the marriage ceremony has been conducted.

  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:          Se [Text truncated for display. Full text available on LegiScan.]