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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	H.B. No. 858



AN ACT



relating to the issuance of
a marriage license to applicants who are unable to
personally appear before the county clerk.


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


SECTION 1.  Section 2.006,
Family Code, is amended by adding Subsection (c) to
read as follows:


(c)  Notwithstanding Subsection
(a), the clerk may not issue a marriage license for
which both applicants are absent unless the person
applying on behalf of each absent applicant provides
to the clerk an affidavit of the applicant declaring
that the applicant is:


	(1)  on active duty
as a member of the armed forces of the United States
or the state military forces; or


	(2)  confined in
a correctional facility, as defined by Section 1.07,
Penal Code.


SECTION 2.  This Act takes
effect September 1, 2005.


SECTION 3.  The change in
law made by this Act applies only to an application
for a marriage license submitted on or after the effective
date of this Act.  An application for a marriage license
submitted before the effective date of this Act is
governed by the law in effect on the date the application
was submitted, and the former law is continued in effect
for that purpose.




______________________________	______________________________


   President of the Senate	Speaker
of the House      


I certify that H.B. No. 858
was passed by the House on April 22, 2005, by a non-record
vote.



______________________________




Chief
Clerk of the House   



I certify that H.B. No. 858
was passed by the Senate on May 25, 2005, by the following
vote:  Yeas 31, Nays 0.



______________________________




Secretary
of the Senate    



APPROVED:  _____________________


                    Date 
        


           _____________________


                  Governor