Texas 2013 - 83rd Regular

Texas Senate Bill SB1836 Compare Versions

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1	1	By: Deuell S.B. No. 1836
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the funding of the Texas Home Visiting Program;
8	8	authorizing voluntary contributions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 2.004, Family Code, is
11	11	amended to read as follows:
12	12	(b) The application form must contain:
13	13	(1) a heading entitled "Application for Marriage
14	14	License, ____________ County, Texas";
15	15	(2) spaces for each applicant's full name, including
16	16	the woman's maiden surname, address, social security number, if
17	17	any, date of birth, and place of birth, including city, county, and
18	18	state;
19	19	(3) a space for indicating the document tendered by
20	20	each applicant as proof of identity and age;
21	21	(4) spaces for indicating whether each applicant has
22	22	been divorced within the last 30 days;
23	23	(5) printed boxes for each applicant to check "true"
24	24	or "false" in response to the following statement: "I am not
25	25	presently married and the other applicant is not presently
26	26	married.";
27	27	(6) printed boxes for each applicant to check "true"
28	28	or "false" in response to the following statement: "The other
29	29	applicant is not related to me as:
30	30	(A) an ancestor or descendant, by blood or
31	31	adoption;
32	32	(B) a brother or sister, of the whole or half
33	33	blood or by adoption;
34	34	(C) a parent's brother or sister, of the whole or
35	35	half blood or by adoption;
36	36	(D) a son or daughter of a brother or sister, of
37	37	the whole or half blood or by adoption;
38	38	(E) a current or former stepchild or stepparent;
39	39	or
40	40	(F) a son or daughter of a parent's brother or
41	41	sister, of the whole or half blood or by adoption.";
42	42	(7) printed boxes for each applicant to check "true"
43	43	or "false" in response to the following statement: "I am not
44	44	presently delinquent in the payment of court-ordered child
45	45	support.";
46	46	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
47	47	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
48	48	CORRECT.";
49	49	(9) spaces immediately below the printed oath for the
50	50	applicants' signatures;
51	51	(10) a certificate of the county clerk that:
52	52	(A) each applicant made the oath and the date and
53	53	place that it was made; or
54	54	(B) an applicant did not appear personally but
55	55	the prerequisites for the license have been fulfilled as provided
56	56	by this chapter;
57	57	(11) spaces for indicating the date of the marriage
58	58	and the county in which the marriage is performed; [and]
59	59	(12) a space for the address to which the applicants
60	60	desire the completed license to be mailed; and
61	61	(13) a printed box for each applicant to check
62	62	indicating that the applicant wishes to make a voluntary
63	63	contribution of $5 to promote healthy early childhood by supporting
64	64	the Texas Home Visiting Program administered by the Office of Early
65	65	Childhood Coordination of the Health and Human Services Commission.
66	66	SECTION 2. Subchapter H, Chapter 531, Government Code, is
67	67	amended by adding Section 531.287 to read as follows:
68	68	Sec. 531.287. TEXAS HOME VISITING PROGRAM TRUST FUND.
69	69	(a) The Texas Home Visiting Program trust fund is created as a
70	70	trust fund outside the treasury with the comptroller and shall be
71	71	administered by the office under this section and rules adopted by
72	72	the executive commissioner. Credits of money in the fund are not
73	73	state funds or subject to legislative appropriation.
74	74	(b) The trust fund consists of money from voluntary
75	75	contributions under Section 191.0048, Health and Safety Code, and
76	76	Section 118.018, Local Government Code.
77	77	(c) Money in the fund may be spent without appropriation by
78	78	the office only for the purpose of the Texas Home Visiting Program
79	79	administered by the commission.
80	80	(d) Interest and income from the assets of the trust fund
81	81	shall be credited to and deposited in the trust fund.
82	82	SECTION 3. Subchapter A, Chapter 191, Health and Safety
83	83	Code, is amended by adding Section 191.0048 to read as follows:
84	84	Sec. 191.0048. VOLUNTARY CONTRIBUTION TO TEXAS HOME
85	85	VISITING PROGRAM. (a) A person requesting a copy or certified
86	86	copy of a birth, marriage, or divorce record may make a voluntary
87	87	contribution of $5 to promote healthy early childhood by supporting
88	88	the Texas Home Visiting Program administered by the Office of Early
89	89	Childhood Coordination of the Health and Human Services Commission.
90	90	(b) On each paper or electronic application form for a copy
91	91	or certified copy of a birth, marriage, or divorce record, the
92	92	bureau of vital statistics shall include a printed box for the
93	93	applicant to check indicating that the applicant wishes to make a
94	94	voluntary contribution of $5 to promote healthy early childhood by
95	95	supporting the Texas Home Visiting Program administered by the
96	96	Office of Early Childhood Coordination of the Health and Human
97	97	Services Commission.
98	98	(c) Notwithstanding Section 191.0045, a local registrar or
99	99	county clerk may collect the additional voluntary contribution
100	100	under this section.
101	101	(d) Notwithstanding Section 191.005, the local registrar or
102	102	county clerk who collects the voluntary contribution under this
103	103	section shall send the voluntary contribution to the comptroller,
104	104	who shall deposit the voluntary contribution in the Texas Home
105	105	Visiting Program trust fund under Section 531.287, Government Code.
106	106	SECTION 4. Section 118.018, Local Government Code, is
107	107	amended by adding Subsection (c) to read as follows:
108	108	(c) A person applying for a marriage license may make a
109	109	voluntary contribution of $5 to promote healthy early childhood by
110	110	supporting the Texas Home Visiting Program administered by the
111	111	Office of Early Childhood Coordination of the Health and Human
112	112	Services Commission. A county clerk shall collect the additional
113	113	voluntary contribution under this section.
114	114	SECTION 5. Section 118.022, Local Government Code, is
115	115	amended by amending Subsection (a) and adding Subsection (d) to
116	116	read as follows:
117	117	(a) If the county clerk collects a fee for issuing a
118	118	marriage license, the county clerk shall deposit, as provided by
119	119	Subchapter B, Chapter 133:
120	120	(1) $20 of each fee collected for issuing a marriage
121	121	license or $12.50 of each fee for recording a declaration of
122	122	informal marriage to be sent to the comptroller and deposited as
123	123	provided by Subsection (b); [and]
124	124	(2) $10 of each fee collected for issuing a marriage
125	125	license to be sent to the comptroller and deposited as provided by
126	126	Subsection (c); and
127	127	(3) if applicable, the $5 voluntary contribution
128	128	collected to promote healthy early childhood by supporting the
129	129	Texas Home Visiting Program administered by the Office of Early
130	130	Childhood Coordination of the Health and Human Services Commission
131	131	to be sent to the comptroller and deposited as provided by
132	132	Subsection (d).
133	133	(d) The comptroller shall deposit the money received under
134	134	Subsection (a)(3) in the Texas Home Visiting Program trust fund
135	135	under Section 531.287, Government Code.
136	136	SECTION 6. The change in law made by this Act applies only
137	137	to a person who applies for a marriage license or requests a copy or
138	138	certified copy of a birth, marriage, or divorce record on or after
139	139	January 1, 2014.
140	140	SECTION 7. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2013.