82R10748 JSC-D By: Lucio S.B. No. 1867 A BILL TO BE ENTITLED AN ACT relating to premarital education courses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 2, Family Code, is amended by adding Section 2.0131 to read as follows: Sec. 2.0131. CONTRACTS FOR PREMARITAL EDUCATION COURSES. (a) The Health and Human Services Commission shall enter into a contract with a nonprofit organization based in this state to administer and coordinate the courses offered under Section 2.013. The administration and coordination functions performed under the contract include: (1) ensuring service delivery in all areas of the state; (2) coordinating local resources working in the area of healthy marriage development, including faith-based and community organizations; (3) providing: (A) leadership and administrative functions; (B) financial management services; (C) technical support; and (D) marketing support; and (4) researching and evaluating the quality and effectiveness of the premarital education courses offered. (b) The contract must require the nonprofit organization to operate an Internet website that: (1) allows couples planning to marry to find a premarital education course by geographic location; (2) allows a provider of premarital education courses to register with the nonprofit organization to indicate the skills-based and research-based curriculum in which the registrant is trained; and (3) raises funds for the organization by selling advertising space to entities that sell products or services that promote healthy marriages. (c) Money in the trust fund under Section 2.014 may be disbursed under a contract entered into under this section for the nonprofit organization's administration and coordination of premarital education courses offered in this state. (d) The nonprofit organization under this section may also solicit and accept gifts, grants, and donations to fulfill its duties under the contract. (e) Notwithstanding Section 2.013(c), if the nonprofit organization determines that insufficient courses are available in an area of the state, the nonprofit organization may designate online courses that meet the requirements of Section 2.013 for residents of that area. (f) Only a resident of an area of the state described by Subsection (e) may obtain a certificate by taking an online course approved by the nonprofit organization. SECTION 2. Section 2.014(b), Family Code, is amended to read as follows: (b) Money in the trust fund is derived from deposits [depositing $3 of each marriage license fee as] authorized under Section 118.022 [118.018(c)], Local Government Code, and may be used only for: (1) the development and distribution of a premarital education handbook; and (2) [grants to institutions of higher education having academic departments that are capable of research on marriage and divorce that will assist in determining programs, courses, and policies to help strengthen families and assist children whose parents are divorcing; [(3)] support for a nonprofit organization pursuant to a contract under Section 2.0131 [counties] to [create or] administer and coordinate the [free or low-cost] premarital education courses described by Section 2.013[; [(4) programs intended to reduce the amount of delinquent child support; and [(5) other programs the attorney general determines will assist families in this state]. SECTION 3. Section 118.022, Local Government Code, is amended to read as follows: Sec. 118.022. DISPOSITION OF MARRIAGE LICENSE AND DECLARATION FEES. [(a)] If the county clerk collects a fee for issuing a marriage license, the county clerk shall deposit, as provided by Subchapter B, Chapter 133, $30 [: [(1) $20] of each fee collected for issuing a marriage license or $12.50 of each fee for recording a declaration of informal marriage to be sent to the comptroller and deposited [as provided by Subsection (b); and [(2) $10 of each fee collected for issuing a marriage license to be sent to the comptroller and deposited as provided by Subsection (c). [(b) The comptroller shall deposit the money received under Subsection (a)(1) to the credit of the child abuse and neglect prevention trust fund account established under Section 40.105, Human Resources Code. [(c) The comptroller shall deposit the money received under Subsection (a)(2)] to the credit of the family trust fund account established under Section 2.014, Family Code. SECTION 4. (a) Section 2.013(e), Family Code, is repealed. (b) Section 40.105, Human Resources Code, is repealed. SECTION 5. The change in law made by this Act applies only to fees for a marriage license or declaration of informal marriage collected on or after the effective date of this Act. SECTION 6. The Health and Human Services Commission shall enter into a contract under Section 2.0131, Family Code, as added by this Act, as soon as practicable after the effective date of this Act and shall transition any existing data on premarital education courses offered in this state to the nonprofit organization that is a party to the contract. SECTION 7. This Act takes effect September 1, 2011.