HB168 - 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.

      By: Rosenthal, Johnson, Hayes, Orr, et al. H.B. No. 168       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, 2025.