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.