Read the full stored bill text
89(R) HB 2240 - Enrolled version - Bill Text
H.B. No. 2240
AN ACT
relating to certain void marriages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.202, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The later marriage that is void under this section
becomes valid when the prior marriage is dissolved if, after the
date of the dissolution, the parties have lived together as husband
and wife and represented themselves to others as being married
,
unless a putative spouse:
(1)
did not know that the later marriage was entered
into when the other party had an existing marriage;
(2)
has not lived together with the other party as
spouses or represented himself or herself as married since the date
the putative spouse knew the later marriage was entered into when
the other party had an existing marriage; and
(3)
files a suit to declare the later marriage void not
later than:
(A)
the 30th day after the date the putative
spouse knew that the later marriage was entered into when the other
party had an existing marriage, unless the putative spouse is a
person described by Paragraph (B); or
(B)
the 90th day after the date the putative
spouse knew that the later marriage was entered into when the other
party had an existing marriage, if the putative spouse:
(i)
is serving on active duty as a member of
the United States armed forces;
(ii)
is a member of the Texas military
forces, as defined by Section 437.001, Government Code, and:
(a)
is actively deployed on federal
orders outside the United States; or
(b)
is on state active duty performing
emergency response activities for this state; or
(iii)
is in active service outside the
United States as a foreign officer employed by the United States
Department of State
.
(c)
Notwithstanding any other law or rule, if a putative
spouse files a suit to declare the marriage void under Subsection
(b)(3), a respondent spouse may file an answer on or before the 90th
day after the date the respondent spouse is served if the respondent
spouse:
(1)
is serving on active duty as a member of the United
States armed forces;
(2)
is a member of the Texas military forces, as
defined by Section 437.001, Government Code, and:
(A)
is actively deployed on federal orders
outside the United States; or
(B)
is on state active duty performing emergency
response activities for this state; or
(3)
is in active service outside the United States as a
foreign officer employed by the United States Department of State.
SECTION 2. Chapter 9, Family Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E.
DECLARING A DECREE VOID
Sec.
9.401.
LACK OF JURISDICTION. (a)
A decree of divorce
or annulment is void if the court rendering the decree lacked
jurisdiction at the time the decree was rendered.
(b)
A putative spouse may file a suit to declare a decree of
divorce or annulment void under Subsection (a).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 2240 was passed by the House on May 6,
2025, by the following vote: Yeas 138, Nays 8, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2240 on May 29, 2025, by the following vote: Yeas 128, Nays 10,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2240 was passed by the Senate, with
amendments, on May 27, 2025, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor