HBA-DMD H.B. 383 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 383
By: Chisum
State Affairs
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Current Texas law prohibits issuing a marriage license for persons of the
same sex, but Texas may in the future be asked to recognize a same-sex
marriage that was performed in another state because the Full Faith and
Credit Clause of the United States Constitution requires states to
recognize the public acts, records, and judicial proceedings of other
states.  However, constitutional law dictates that one state may refuse to
recognize legal contracts executed in another state if the contract is
repugnant to the public policy of the forum state.  H.B. 383 prohibits the
recognition of same-sex marriages. 

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 Subchapter B, Chapter 1, Family Code, by adding Section
1.109, as follows: 

Sec. 1.109.  RECOGNITION OF SAME-SEX MARRIAGE.  Prohibits the state from
giving effect to a public act, record, or judicial proceeding that
recognizes or validates a marriage between persons of the same sex, or to a
right or claim asserted as a result of the purported marriage. 

SECTION 2.  Emergency clause.
            Effective date:  upon passage.