HBA-JLV S.B. 488 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 488
By: Harris
State Affairs
5/17/2001
Engrossed



BACKGROUND AND PURPOSE 

Current state law prohibits issuing a marriage license for persons of the
same sex. However, due to the Full Faith and Credit Clause of the United
States Constitution, Texas may be legally required to recognize civil
unions performed in other states. This constitutional clause requires
states to recognize the public acts, records, and judicial proceedings in
other states. However, constitutional principles provide that one state may
refuse to recognize legal contracts executed in another state if the
contract is contrary to the public policy of the forum state. Senate Bill
488 prohibits the recognition of same-sex marriages or civil unions
legitimized in other states.  

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. 

ANALYSIS

Senate Bill 488 amends the Family Code to prohibit the state from giving
effect to a right or claim asserted as a result of the purported marriage
or civil union between persons of the same sex. The bill also prohibits the
state from giving effect to a public act, record, or judicial proceeding
that recognizes or validates a marriage or civil union between persons of
the same sex.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.