H.B. No. 168 amends the Texas Family Code to establish stricter regulations regarding the issuance of marriage licenses to individuals under the age of 18. The bill specifies that a county clerk may not issue a marriage license if either applicant is under 18 years of age, regardless of whether they have obtained a court order removing the disabilities of minority. This change is reflected in the amendments to Sections 2.009(a) and 2.101, which remove previous provisions that allowed for exceptions based on court orders. Additionally, Section 6.205 is amended to declare that any marriage involving a party younger than 18 is void, again without exceptions for court orders.
Furthermore, the bill introduces a new provision allowing parties to a void marriage, who were minors at the time of the marriage, to seek division of property and spousal maintenance as if they were involved in a dissolution of marriage. This is a significant change that provides legal recourse for minors in such situations. The bill also repeals Section 2.003 of the Family Code, which may have contained outdated or conflicting provisions. The changes will take effect on September 1, 2025, and will apply only to marriage license applications and marriages entered into after that date.
Statutes affected: Introduced: Family Code 2.009, Family Code 2.101, Family Code 6.205, Family Code 2.003 (Family Code 2, Family Code 6)
House Committee Report: Family Code 2.009, Family Code 2.101, Family Code 6.205, Family Code 2.003 (Family Code 2, Family Code 6)
Engrossed: Family Code 2.009, Family Code 2.101, Family Code 6.205, Family Code 2.003 (Family Code 2, Family Code 6)