84R9753 JSC-F
By: Bell H.B. No. 1745
A BILL TO BE ENTITLED
AN ACT
relating to the funding and issuing of marriage licenses and
certifications and the recognition of certain marriages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This Act may be cited as the Preservation of
Sovereignty and Marriage Act.
(b) The purpose of the Preservation of Sovereignty and
Marriage Act is to clarify that no state or local governmental
employee may be compelled to recognize a marriage or grant or
enforce a marriage license that violates a personal religious
belief.
SECTION 2. Subtitle A, Title 1, Family Code, is amended by
adding Chapter 1A to read as follows:
CHAPTER 1A. SECRETARY OF STATE
Sec. 1A.001. ISSUER OF MARRIAGE LICENSES. (a) The
secretary of state is the sole issuer of marriage licenses or
certificates or declarations of informal marriage in this state.
(b) The secretary of state shall perform the secretary's
duties under this chapter in compliance with Section 32, Article I,
Texas Constitution.
Sec. 1A.002. LOCAL AGREEMENTS FOR DELEGATION; RULES. (a)
The secretary of state may adopt rules for county clerks to issue
marriage licenses and certify declarations of informal marriage
under the supervision of the secretary of state.
(b) The secretary of state may withhold or withdraw
authorization for a county clerk to issue marriage licenses or
certify declarations of informal marriage if the clerk:
(1) violates this chapter, Chapter 2, or the rules of
the secretary of state; or
(2) issues a marriage license or certifies a
declaration of informal marriage inconsistent with the provisions
of Section 32, Article I, Texas Constitution.
SECTION 3. Chapter 2, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. PUBLIC POLICY
Sec. 2.601. RECOGNITION AND FUNDING FOR CERTAIN VOIDABLE
MARRIAGES. (a) State or local funds may not be used for an activity
that includes the licensing, registering, certifying, or support of
a marriage not defined by Section 32, Article I, Texas
Constitution.
(b) A state or local governmental employee may not
recognize, grant, or enforce a marriage license or certification or
declaration of informal marriage, except a license or certification
for a marriage that conforms to Section 32, Article I, Texas
Constitution.
(c) State or local funds may not be used to enforce an order
requiring the issuance or recognition of a marriage license or
certification or declaration of informal marriage, except a
marriage license or certification or declaration of informal
marriage defined under Section 32, Article I, Texas Constitution.
SECTION 4. The severability provisions of Section 311.032,
Government Code, apply to this Act.
SECTION 5. 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, 2015.