The court may grant an annulment of a marriage to a party to the marriage if:

1. (1) either party, for physical or mental reasons, was permanently impotent at the time of the marriage;
2. (2) the petitioner did not know of the impotency at the time of the marriage; and
3. (3) the petitioner has not voluntarily cohabited with the other party since learning of the impotency.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.