By: Deuell S.B. No. 1836
(In the Senate - Filed March 15, 2013; March 20, 2013, read
first time and referred to Committee on Health and Human Services;
April 29, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 29, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1836 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the funding of the Texas Home Visiting Program;
authorizing voluntary contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 2.004, 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) 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.";
(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.";
(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.";
(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(9) spaces immediately below the printed oath for the
applicants' signatures;
(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;
(11) spaces for indicating the date of the marriage
and the county in which the marriage is performed; [and]
(12) a space for the address to which the applicants
desire the completed license to be mailed; and
(13) a printed box for each applicant to check
indicating that the applicant wishes to make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the Office of Early
Childhood Coordination of the Health and Human Services Commission.
SECTION 2. Subchapter H, Chapter 531, Government Code, is
amended by adding Section 531.287 to read as follows:
Sec. 531.287. TEXAS HOME VISITING PROGRAM TRUST FUND.
(a) The Texas Home Visiting Program trust fund is created as a
trust fund outside the treasury with the comptroller and shall be
administered by the office under this section and rules adopted by
the executive commissioner. Credits of money in the fund are not
state funds or subject to legislative appropriation.
(b) The trust fund consists of money from voluntary
contributions under Section 191.0048, Health and Safety Code, and
Section 118.018, Local Government Code.
(c) Money in the fund may be spent without appropriation by
the office only for the purpose of the Texas Home Visiting Program
administered by the commission.
(d) Interest and income from the assets of the trust fund
shall be credited to and deposited in the trust fund.
SECTION 3. Subchapter A, Chapter 191, Health and Safety
Code, is amended by adding Section 191.0048 to read as follows:
Sec. 191.0048. VOLUNTARY CONTRIBUTION TO TEXAS HOME
VISITING PROGRAM. (a) A person requesting a copy or certified
copy of a birth, marriage, or divorce record may make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the Office of Early
Childhood Coordination of the Health and Human Services Commission.
(b) On each paper or electronic application form for a copy
or certified copy of a birth, marriage, or divorce record, the
bureau of vital statistics shall include a printed box for the
applicant to check indicating that the applicant wishes to make a
voluntary contribution of $5 to promote healthy early childhood by
supporting the Texas Home Visiting Program administered by the
Office of Early Childhood Coordination of the Health and Human
Services Commission.
(c) Notwithstanding Section 191.0045, a local registrar or
county clerk may collect the additional voluntary contribution
under this section.
(d) Notwithstanding Section 191.005, the local registrar or
county clerk who collects the voluntary contribution under this
section shall send the voluntary contribution to the comptroller,
who shall deposit the voluntary contribution in the Texas Home
Visiting Program trust fund under Section 531.287, Government Code.
SECTION 4. Section 118.018, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) A person applying for a marriage license may make a
voluntary contribution of $5 to promote healthy early childhood by
supporting the Texas Home Visiting Program administered by the
Office of Early Childhood Coordination of the Health and Human
Services Commission. A county clerk shall collect the additional
voluntary contribution under this section.
SECTION 5. Section 118.022, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(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:
(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); and
(3) if applicable, the $5 voluntary contribution
collected to promote healthy early childhood by supporting the
Texas Home Visiting Program administered by the Office of Early
Childhood Coordination of the Health and Human Services Commission
to be sent to the comptroller and deposited as provided by
Subsection (d).
(d) The comptroller shall deposit the money received under
Subsection (a)(3) in the Texas Home Visiting Program trust fund
under Section 531.287, Government Code.
SECTION 6. The change in law made by this Act applies only
to a person who applies for a marriage license or requests a copy or
certified copy of a birth, marriage, or divorce record on or after
January 1, 2014.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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