83R2003 EES-D
By: Perry H.B. No. 1673
A BILL TO BE ENTITLED
AN ACT
relating to the creation and dissolution of a covenant marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.004(b), Family Code, is amended to
read as follows:
(b) The application form must contain:
(1) a heading entitled "Application for Marriage
License, ___________ County, Texas";
(2) spaces for each applicant's full name, including
the woman's maiden surname, address, social security number, if
any, date of birth, and place of birth, including city, county, and
state;
(3) a space for indicating the document tendered by
each applicant as proof of identity and age;
(4) spaces for indicating whether each applicant has
been divorced within the last 30 days;
(5) an instruction for the applicants to mark one of
the boxes beside the following statements and to sign the statement
in the space immediately below the printed statement:
(A) "We, (name of male applicant) and (name of
female applicant), declare our intent to contract a covenant
marriage. We do hereby declare that our marriage will be bound by
Texas law on covenant marriage and we promise to love, honor, and
care for one another as husband and wife for the rest of our
lives."; or
(B) "We, (name of male applicant) and (name of
female applicant), do not wish to enter into a covenant marriage.";
(6) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently married and the other applicant is not presently
married.";
(7) [(6)] printed boxes for each applicant to check
"true" or "false" in response to the following statement: "The
other applicant is not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption.";
(8) [(7)] printed boxes for each applicant to check
"true" or "false" in response to the following statement: "I am not
presently delinquent in the payment of court-ordered child
support.";
(9) [(8)] a printed oath reading: "I SOLEMNLY SWEAR
(OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(10) [(9)] spaces immediately below the printed oath
for the applicants' signatures;
(11) [(10)] a certificate of the county clerk that:
(A) each applicant made the oath and the date and
place that it was made; or
(B) an applicant did not appear personally but
the prerequisites for the license have been fulfilled as provided
by this chapter;
(12) [(11)] spaces for indicating the date of the
marriage and the county in which the marriage is performed; and
(13) [(12)] a space for the address to which the
applicants desire the completed license to be mailed.
SECTION 2. Section 2.009, Family Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) On the proper execution of the application, the clerk
shall:
(1) prepare the license;
(2) enter on the license the names of the licensees,
the date that the license is issued, and, if applicable, the name of
the person appointed to act as proxy for an absent applicant, if
any;
(3) record the time at which the license was issued;
(4) distribute to each applicant printed materials
about acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) and note on the license that the
distribution was made; [and]
(5) distribute to each applicant a premarital
education handbook provided by the attorney general under Section
2.014; and
(6) distribute to each applicant the printed materials
about family violence created by the Department of Family and
Protective Services.
(e) The county clerk shall indicate on the marriage license
whether the license is for a covenant marriage.
SECTION 3. Subchapter A, Chapter 2, Family Code, is amended
by adding Section 2.0105 to read as follows:
Sec. 2.0105. FAMILY VIOLENCE INFORMATION. The Department
of Family and Protective Services shall prepare and provide to each
county clerk in the state materials that provide information to
marriage license applicants about family violence. The materials
must:
(1) include the wheel of equality and the power and
control wheel developed by the Domestic Abuse Intervention Project
in Duluth, Minnesota; and
(2) inform the applicants about:
(A) how to identify family violence;
(B) how family violence starts;
(C) what to do if the applicant becomes a victim
of family violence; and
(D) the National Domestic Violence Hotline.
SECTION 4. Chapter 2, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. COVENANT MARRIAGE
Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT
MARRIAGE. (a) A married couple may designate their marriage as a
covenant marriage by filing:
(1) a signed and notarized affidavit of intent to
designate a marriage as a covenant marriage; and
(2) a copy of the couple's marriage license.
(b) The affidavit of intent to designate a marriage as a
covenant marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between a
man and a woman who agree to live together as husband and wife for so
long as they both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We have read the pamphlet on
covenant marriage and understand that a covenant marriage is for
life. We understand that we can get divorced or separated only for a
reason stated in the pamphlet on covenant marriage. If we
experience marital difficulties, we commit ourselves to take all
reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we do
hereby declare that our marriage will be bound by Texas law on
covenant marriage and we renew our promise to love, honor, and care
for one another as husband and wife for the rest of our lives."
(c) The applicants must file the affidavit and marriage
license with:
(1) the clerk of the county that issued the marriage
license under which the applicants were married; or
(2) if the marriage was entered into outside this
state, the clerk of the county in which the couple resides.
(d) On receipt of the affidavit and marriage license under
Subsection (a), the county clerk shall:
(1) designate on the marriage license that the
marriage is a covenant marriage; and
(2) attach a copy of the affidavit to the marriage
license.
(e) A marriage becomes a covenant marriage when a couple
files the affidavit of intent to designate a marriage as a covenant
marriage with the county clerk.
Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple
may enter into a covenant marriage or designate a marriage as a
covenant marriage, the couple must complete at least eight hours of
premarital counseling from a person legally authorized to engage in
marriage counseling. The counselor must use a science-based
counseling program.
(b) The counselor shall:
(1) ensure that the couple discusses important
personal issues, including financial issues and conflict
resolution;
(2) discuss the seriousness of a covenant marriage;
(3) inform the couple that a covenant marriage is a
commitment for life; and
(4) inform the couple of the obligation to seek
marital counseling in times of marital difficulties.
(c) The counselor may discuss any other topic the counselor
considers important to the couple's understanding of the marital
commitment.
Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The
attorney general shall select a not-for-profit organization to
prepare and publish a pamphlet consistent with the requirements of
this subchapter providing a full explanation of the terms and
conditions of a covenant marriage. To be eligible for selection, an
organization must agree to prepare and publish the pamphlet
completely at the expense of the organization. The pamphlet must
list the grounds for dissolution of a covenant marriage under
Section 6.903 and the grounds for legal separation under Section
6.905. The attorney general shall prepare and publish the pamphlet
if a not-for-profit organization is not available.
(b) The attorney general shall provide the pamphlet to the
county clerks in the state. A county clerk shall provide the
pamphlet to each person applying for a license for a covenant
marriage.
Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney
general shall develop material to educate county clerks about the
requirements for issuing a covenant marriage license and the
differences between a covenant marriage and a noncovenant marriage.
SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
by adding Section 6.009 to read as follows:
Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Except as
provided by Section 6.904, this subchapter does not apply to a
covenant marriage.
SECTION 6. Chapter 6, Family Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
SEPARATION
Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse
in a covenant marriage who meets the requirements of this
subchapter may file a suit for:
(1) dissolution of the covenant marriage; or
(2) legal separation.
(b) The procedures in this chapter for a suit for
dissolution of a marriage apply to a suit for dissolution of a
covenant marriage or for legal separation of a covenant marriage.
Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)
Except as provided by Section 6.904, a spouse in a covenant marriage
may not file a suit to dissolve a covenant marriage unless the
parties to the marriage have received counseling from a licensed
marriage and family therapist or other licensed mental health
professional described by Subsection (b) in an attempt to reconcile
the marriage. The couple must participate in the counseling until
the counselor or both spouses determine that the marriage is not
salvageable.
(b) A licensed mental health professional may perform the
counseling required by this section if the license holder has
completed at least six hours of continuing education in subjects
related to counseling married couples during each licensing period.
Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE.
(a) The court may grant a divorce in a covenant marriage in favor of
a spouse if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least two years;
(4) the spouses have lived apart without cohabitation
for at least three years;
(5) an order of legal separation has been issued to one
of the spouses under Section 6.905 and the spouses have lived apart
without reconciliation for at least:
(A) two years after the date a separation order
is rendered if there are no minor children from the marriage; or
(B) two years and six months after the date a
separation order is rendered if there is a minor child from the
marriage; or
(6) the spouses have completed the counseling required
by Section 6.902 and:
(A) the spouses agree to dissolve the marriage;
or
(B) the counselor determines that, in the
counselor's professional opinion, it is in the best interest of
both spouses to dissolve the marriage.
(b) The court may not grant a divorce under Subsection
(a)(2) if the spouse who was convicted of a felony was convicted
solely on the testimony of the other spouse.
Sec. 6.904. DISSOLUTION OF MARRIAGE: FAMILY VIOLENCE. A
spouse who files with the petition in a suit for dissolution of a
covenant marriage an affidavit stating that the other spouse
committed family violence against the spouse may file the suit
under Subchapter A.
Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant
marriage may file a suit to obtain from the court an order of legal
separation if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least one year;
(4) the other spouse committed family violence as
defined by Section 71.004 and the spouse reported the family
violence to a law enforcement agency and has filed for a protective
order;
(5) the spouses have lived apart without cohabitation
for at least three years; or
(6) the other spouse habitually abuses illegal drugs
or alcohol.
(b) The court may not render an order of legal separation
under Subsection (a)(2) if the spouse who was convicted of a felony
was convicted solely on the testimony of the other spouse.
SECTION 7. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.0511 to read as follows:
Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS
INVOLVING COVENANT MARRIAGE. Notwithstanding any other provision
of this subchapter, the court shall render a temporary order for
maintenance in favor of a spouse who files for:
(1) legal separation of a covenant marriage based on
abandonment under Section 6.905(a)(3); or
(2) dissolution of a covenant marriage.
SECTION 8. Section 194.001, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The county clerk shall file with the bureau of vital
statistics a copy of each declaration of informal marriage executed
under Section 2.402 [1.92], Family Code. The clerk shall file the
copy not later than the 90th day after the date on which the
declaration is executed.
(c) The county clerk shall file with the bureau of vital
statistics a copy of each affidavit of intent to designate a
marriage as a covenant marriage executed under Section 2.601,
Family Code. The clerk shall file the copy not later than the 90th
day after the date on which the affidavit is executed.
SECTION 9. Section 194.0011, Health and Safety Code, is
amended to read as follows:
Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING
MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of
the Health and Human Services Commission [board] by rule shall
prescribe the format and content of the:
(1) form used for the marriage license application;
and
(2) affidavit of intent to designate a marriage as a
covenant marriage.
(b) The bureau of vital statistics shall print and
distribute the forms and affidavits to each county clerk throughout
the state.
(c) The form and affidavit adopted by the executive
commissioner [board] shall replace locally adopted forms and
affidavits.
(d) A county clerk may reproduce the executive
commissioner's [board's] form and affidavit locally.
SECTION 10. Section 118.011, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
for the first page $ 5.00
for each additional page or part of a page on which
there are visible marks of any kind $ 4.00
(2) Real Property Records Filing (Sec. 118.013):
for the first page $ 5.00
for each additional page or part of a page on which
there are visible marks of any kind $ 4.00
for all or part of each 8-1/2" X 14" attachment
or rider $ 4.00
for each name in excess of five names that has to
be indexed in all records in which the document must be
indexed $ 0.25
(3) Certified Papers (Sec. 118.014):
for the clerk's certificate $ 5.00
plus a fee for each page or part of a
page $ 1.00
(4) Noncertified Papers (Sec. 118.0145):
for each page or part of a page $ 1.00
(5) Birth or Death Certificate (Sec.
118.015) same as state registrar
(6) Bond Approval (Sec. 118.016) $ 3.00
(7) Noncovenant Marriage License
(Sec. 118.018) $60.00
(8) Declaration of Informal Marriage (Sec.
118.019) $25.00
(9) Brand Registration (Sec. 118.020)$ 5.00
(10) Oath Administration (Sec. 118.021)$ 1.00
(g) A county clerk may not charge a fee for issuing a
covenant marriage license or an affidavit of intent to designate a
marriage as a covenant marriage.
SECTION 11. The heading to Section 118.018, Local
Government Code, is amended to read as follows:
Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.
SECTION 12. Sections 118.018(a) and (b-1), Local Government
Code, are amended to read as follows:
(a) The fee for a "Noncovenant Marriage License" under
Section 118.011 is for issuing a noncovenant marriage license. The
fee must be paid at the time the license is issued, except as
provided by Subsection (b-1).
(b-1) The county clerk shall issue a noncovenant marriage
license without collecting a noncovenant marriage license fee from
an applicant who:
(1) completes a premarital education course described
by Section 2.013, Family Code; and
(2) provides to the county clerk a premarital
education course completion certificate indicating completion of
the premarital education course not more than one year before the
date the noncovenant marriage license application is filed with the
clerk.
SECTION 13. This Act takes effect September 1, 2013.