Texas 2009 - 81st Regular

Texas House Bill HB1212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R465 KSD-D
2	2	By: Howard of Fort Bend H.B. No. 1212
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain requirements relating to the issuance of a
8	8	marriage license or the recording of a declaration of informal
9	9	marriage and to the maintenance of marriage and divorce indexes by
10	10	the bureau of vital statistics.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Effective January 1, 2011, Subchapter A, Chapter
13	13	2, Family Code, is amended by adding Section 2.0075 to read as
14	14	follows:
15	15	Sec. 2.0075. STATE INDEX VERIFICATION REQUIRED. (a) The
16	16	clerk shall verify, using the online state index maintained by the
17	17	bureau of vital statistics under Section 194.003, Health and Safety
18	18	Code, that neither applicant is listed on the index as being
19	19	presently married.
20	20	(b) An applicant may provide to the clerk a copy of a decree
21	21	of divorce or annulment or a copy of the death certificate of the
22	22	person to whom the applicant was formerly married as proof that a
23	23	marriage of the applicant that is listed on the index has been
24	24	dissolved.
25	25	SECTION 2. Effective January 1, 2011, Section 2.009, Family
26	26	Code, is amended by amending Subsections (a) and (b) and adding
27	27	Subsection (e) to read as follows:
28	28	(a) Except as provided by Subsections (b), [and] (d), and
29	29	(e), the county clerk may not issue a license if either applicant:
30	30	(1) fails to provide the information required by this
31	31	subchapter;
32	32	(2) fails to submit proof of age and identity;
33	33	(3) is under 16 years of age and has not been granted a
34	34	court order as provided by Section 2.103;
35	35	(4) is 16 years of age or older but under 18 years of
36	36	age and has not presented at least one of the following:
37	37	(A) parental consent as provided by Section
38	38	2.102;
39	39	(B) documents establishing that a prior marriage
40	40	of the applicant has been dissolved; or
41	41	(C) a court order as provided by Section 2.103;
42	42	(5) checks "false" in response to a statement in the
43	43	application, except as provided by Subsection (b) or (d), or fails
44	44	to make a required declaration in an affidavit required of an absent
45	45	applicant; [or]
46	46	(6) indicates that the applicant has been divorced by
47	47	a decree of a court of this state within the last 30 days, unless:
48	48	(A) the applicants were divorced from each other;
49	49	or
50	50	(B) the prohibition against remarriage is waived
51	51	as provided by Section 6.802; or
52	52	(7) is listed on the state index under Section
53	53	194.003, Health and Safety Code, as being presently married to a
54	54	person other than the other applicant and has not provided to the
55	55	clerk under Section 2.0075(b) proof that the marriage of the
56	56	applicant has been dissolved.
57	57	(b) If an applicant is listed on the online state index
58	58	under Section 194.003, Health and Safety Code, as being presently
59	59	married to the other applicant or an applicant checks "false" in
60	60	response to the statement "I am not presently married and the other
61	61	applicant is not presently married," the county clerk shall inquire
62	62	as to whether the applicant is presently married to the other
63	63	applicant. If the applicant states that the applicant is currently
64	64	married to the other applicant, the county clerk shall record that
65	65	statement on the license before the administration of the oath. The
66	66	county clerk may not refuse to issue a license on the ground that
67	67	the applicants are already married to each other.
68	68	(e) The county clerk may not refuse to issue a license on the
69	69	ground that an applicant is listed on the online state index under
70	70	Section 194.003, Health and Safety Code, as being presently married
71	71	to a person other than the other applicant if the applicant provides
72	72	to the clerk an affidavit of the applicant declaring that the
73	73	applicant's name is listed on the index in error or declaring that
74	74	the applicant has good reason for failing to provide to the clerk
75	75	proof under Section 2.0075(b) that the marriage of the applicant
76	76	has been dissolved. The county clerk shall submit to the bureau of
77	77	vital statistics of the Department of State Health Services a copy
78	78	of an affidavit provided to the clerk under this subsection.
79	79	SECTION 3. Effective January 1, 2011, Subchapter E, Chapter
80	80	2, Family Code, is amended by adding Section 2.4035 to read as
81	81	follows:
82	82	Sec. 2.4035. STATE INDEX VERIFICATION REQUIRED. (a) The
83	83	clerk shall verify, using the online state index maintained by the
84	84	bureau of vital statistics under Section 194.003, Health and Safety
85	85	Code, that neither party to the declaration of informal marriage is
86	86	listed on the index as being presently married.
87	87	(b) A party may provide to the clerk a copy of a decree of
88	88	divorce or annulment or a copy of a death certificate of the person
89	89	to whom the applicant was formerly married as proof that a marriage
90	90	of the party that is listed on the index has been dissolved.
91	91	SECTION 4. Effective January 1, 2011, Section 2.404, Family
92	92	Code, is amended by amending Subsection (b) and adding Subsection
93	93	(f) to read as follows:
94	94	(b) Except as provided by Subsection (f), the [The] county
95	95	clerk may not certify or record the declaration if:
96	96	(1) either party fails to supply any information or
97	97	provide any document required by this subchapter;
98	98	(2) either party is under 18 years of age; [or]
99	99	(3) either party checks "false" in response to the
100	100	statement of relationship to the other party; or
101	101	(4) either party is listed on the state index as being
102	102	presently married to a person other than the other party and has not
103	103	provided to the clerk under Section 2.4035(b) proof that the
104	104	marriage of the party has been dissolved.
105	105	(f) The county clerk may not refuse to record a declaration
106	106	on the ground that a party is listed on the online state index under
107	107	Section 194.003, Health and Safety Code, as being presently married
108	108	to a person other than the other party if the party provides to the
109	109	clerk an affidavit of the party declaring that the party's name is
110	110	listed on the index in error or declaring that the party has good
111	111	reason for failing to provide to the clerk proof under Section
112	112	2.4035(b) that the marriage of the party has been dissolved. The
113	113	county clerk shall submit to the bureau of vital statistics of the
114	114	Department of State Health Services a copy of an affidavit provided
115	115	to the clerk under this subsection.
116	116	SECTION 5. Section 194.003, Health and Safety Code, is
117	117	amended by adding Subsections (c), (d), and (e) to read as follows:
118	118	(c) The bureau of vital statistics shall make available on
119	119	its Internet website the indexes required by this section. To the
120	120	extent practicable using the fees imposed by Sections 118.018(c)
121	121	and 118.019(b), Local Government Code, the bureau shall enhance the
122	122	search capabilities of its database of information regarding
123	123	marriages, divorces, or annulments of marriages and ensure that the
124	124	indexes required by this section are up-to-date, accurate, and
125	125	easily accessible to interested members of the public. The index
126	126	must include a notation next to each marriage license application
127	127	or declaration of informal marriage for which an affidavit was
128	128	submitted under Section 2.009(e) or 2.404(f), Family Code, as
129	129	applicable.
130	130	(d) The executive commissioner of the Health and Human
131	131	Services Commission shall adopt rules for the administration of
132	132	this section, including rules to require that:
133	133	(1) the index provide county clerks with online access
134	134	seven days a week to any identifying information necessary for a
135	135	county clerk to verify that an applicant for a marriage license is a
136	136	person listed on the index;
137	137	(2) any confidential identifying information
138	138	maintained on the index for use by a county clerk under Subdivision
139	139	(1) be secure and inaccessible to members of the public; and
140	140	(3) a county clerk of a county that lacks online access
141	141	to the index receive the assistance required for the clerk to
142	142	satisfy in a timely manner any duty relating to accessing the
143	143	information on the index that is imposed on the clerk by other law.
144	144	(e) The executive commissioner of the Health and Human
145	145	Services Commission by rule shall establish the amount of the fee to
146	146	be imposed on each marriage license applicant under Section
147	147	118.018(c), Local Government Code, and on the parties to a
148	148	declaration of an informal marriage under Section 118.019(b), Local
149	149	Government Code. The amount of the fee may not exceed the lesser of
150	150	$5 or the amount the executive commissioner determines necessary
151	151	for updating, developing, and maintaining the state index of
152	152	marriage license applications and declarations of informal
153	153	marriage and the state index of reports of divorces or annulments of
154	154	marriage under this section. The executive commissioner shall
155	155	provide notice to the Office of Court Administration of the Texas
156	156	Judicial System regarding the amount of a fee established or
157	157	modified under this subsection. On receipt of that notification,
158	158	the Office of Court Administration of the Texas Judicial System
159	159	shall notify each county clerk in this state regarding the amount of
160	160	a fee to be charged under Sections 118.018(c) and 118.019(b), Local
161	161	Government Code.
162	162	SECTION 6. Section 118.018, Local Government Code, is
163	163	amended by adding Subsection (c) to read as follows:
164	164	(c) In addition to other fees collected under this section,
165	165	a county clerk shall collect from a marriage license applicant a fee
166	166	in the amount established by the executive commissioner of the
167	167	Health and Human Services Commission by rule under Section 194.003,
168	168	Health and Safety Code, for the purpose of updating, developing,
169	169	and maintaining the state index of marriage license applications
170	170	and declarations of informal marriage and the state index of
171	171	reports of divorces or annulments of marriage under that section. A
172	172	fee collected under this subsection shall be sent to the bureau of
173	173	vital statistics of the Department of State Health Services for
174	174	deposit to the credit of the vital statistics fund to be used for
175	175	the purpose of updating, developing, and maintaining the state
176	176	index described by this subsection.
177	177	SECTION 7. Section 118.019, Local Government Code, is
178	178	amended to read as follows:
179	179	Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The
180	180	fee for "Declaration of Informal Marriage" under Section 118.011 is
181	181	for all services rendered in connection with the execution of a
182	182	declaration of informal marriage under Section 2.404 [1.92], Family
183	183	Code. The fee shall be collected at the time the service is
184	184	rendered.
185	185	(b) In addition to the fee described by Subsection (a), a
186	186	county clerk shall collect from the parties to a declaration of
187	187	informal marriage a fee in the amount established by the executive
188	188	commissioner of the Health and Human Services Commission by rule
189	189	under Section 194.003, Health and Safety Code, for the purpose of
190	190	updating, developing, and maintaining the state index of marriage
191	191	license applications and declarations of informal marriage and the
192	192	state index of reports of divorces or annulments of marriage under
193	193	that section. A fee collected under this subsection shall be sent
194	194	to the bureau of vital statistics of the Department of State Health
195	195	Services for deposit to the credit of the vital statistics fund to
196	196	be used for the purpose of updating, developing, and maintaining
197	197	the state index described by this subsection.
198	198	SECTION 8. Section 118.022, Local Government Code, is
199	199	amended by adding Subsection (d) to read as follows:
200	200	(d) Subsection (a) does not apply to a fee imposed under
201	201	Section 118.018(c) or 118.019(b).
202	202	SECTION 9. Sections 2.009(a) and (b) and 2.404(b), Family
203	203	Code, as amended by this Act, apply only to an application for a
204	204	marriage license filed, or a declaration of an informal marriage
205	205	executed, as applicable, on or after January 1, 2011. An
206	206	application filed or declaration executed before that date is
207	207	governed by the law in effect on the date the application was filed
208	208	or the declaration was executed, and the former law is continued in
209	209	effect for that purpose.
210	210	SECTION 10. The executive commissioner of the Health and
211	211	Human Services Commission shall:
212	212	(1) adopt rules for the administration of Section
213	213	194.003, Health and Safety Code, as required by this Act, not later
214	214	than June 1, 2010; and
215	215	(2) ensure that the enhancements to the state index
216	216	required by this Act are completed and available for access by
217	217	county clerks not later than January 1, 2011.
218	218	SECTION 11. The changes in law made by this Act to Sections
219	219	118.018, 118.019, and 118.022, Local Government Code, apply only to
220	220	a fee imposed for a marriage license application filed, or a
221	221	declaration of an informal marriage executed, as applicable, on or
222	222	after the effective date of this Act. A fee imposed for an
223	223	application filed or declaration executed before the effective date
224	224	of this Act is governed by the law in effect on the date the
225	225	application was filed or the declaration was executed, and the
226	226	former law is continued in effect for that purpose.
227	227	SECTION 12. This Act takes effect September 1, 2009.