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.