HBA-MPM H.B. 16 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 16
By: Goolsby
Juv. Justice & Family Iss
2/4/1999
Introduced



BACKGROUND AND PURPOSE 

In Texas, an informal marriage, or common-law marriage, is an agreement,
either expressed or implied, to be husband and wife.  Other factors
denoting an informal or common-law marriage include the couple living
together as man and wife and holding themselves out to the public as
husband and wife.  Currently, only 13 states recognize an informal or
common-law marriage.  H.B. 16 repeals the legal contract of an informal
marriage entered into by a couple and deletes subsequent references to it. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 194.001, Local Government Code, to delete the
requirement that the county clerk file a copy of each declaration of
informal marriage with the bureau of vital statistics no later than the
90th day after the declaration is executed.  Makes a nonsubstantive change. 

SECTION 2.  Amends Section 118.011(a), Local Government Code (Fee
Schedule), to make a conforming change.  Redesignates existing Subsections
(9) and (10) to Subsections (8) and (9), respectively. 

SECTION 3.  Amends Section 118.022(a), Local Government Code (Disposition
of Marriage License and Declaration Fees), to make a conforming change. 

SECTION 4.  Repealer:  Family Code, Section 2.401 (Proof of Informal
Marriage), Section 2.402 (Declaration and Registration of Informal
Marriage), Section 2.403 (Proof of Identity and Age), Section 2.404
(Recording of Declaration of Informal Marriage), and Section 2.405
(Violation by County Clerk; Penalty).  Repealer:  Section 118.019, Local
Government Code (Declaration of Informal Marriage). 

SECTION 5.  Effective date:  January 1, 2000.  
            This Act effectively deletes the informal marriage provision.

SECTION 6.  Emergency clause.