Texas 2015 - 84th Regular

Texas House Bill HB1745 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9753 JSC-F
2	2	By: Bell H.B. No. 1745
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the funding and issuing of marriage licenses and
8	8	certifications and the recognition of certain marriages.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) This Act may be cited as the Preservation of
11	11	Sovereignty and Marriage Act.
12	12	(b) The purpose of the Preservation of Sovereignty and
13	13	Marriage Act is to clarify that no state or local governmental
14	14	employee may be compelled to recognize a marriage or grant or
15	15	enforce a marriage license that violates a personal religious
16	16	belief.
17	17	SECTION 2. Subtitle A, Title 1, Family Code, is amended by
18	18	adding Chapter 1A to read as follows:
19	19	CHAPTER 1A. SECRETARY OF STATE
20	20	Sec. 1A.001. ISSUER OF MARRIAGE LICENSES. (a) The
21	21	secretary of state is the sole issuer of marriage licenses or
22	22	certificates or declarations of informal marriage in this state.
23	23	(b) The secretary of state shall perform the secretary's
24	24	duties under this chapter in compliance with Section 32, Article I,
25	25	Texas Constitution.
26	26	Sec. 1A.002. LOCAL AGREEMENTS FOR DELEGATION; RULES. (a)
27	27	The secretary of state may adopt rules for county clerks to issue
28	28	marriage licenses and certify declarations of informal marriage
29	29	under the supervision of the secretary of state.
30	30	(b) The secretary of state may withhold or withdraw
31	31	authorization for a county clerk to issue marriage licenses or
32	32	certify declarations of informal marriage if the clerk:
33	33	(1) violates this chapter, Chapter 2, or the rules of
34	34	the secretary of state; or
35	35	(2) issues a marriage license or certifies a
36	36	declaration of informal marriage inconsistent with the provisions
37	37	of Section 32, Article I, Texas Constitution.
38	38	SECTION 3. Chapter 2, Family Code, is amended by adding
39	39	Subchapter G to read as follows:
40	40	SUBCHAPTER G. PUBLIC POLICY
41	41	Sec. 2.601. RECOGNITION AND FUNDING FOR CERTAIN VOIDABLE
42	42	MARRIAGES. (a) State or local funds may not be used for an activity
43	43	that includes the licensing, registering, certifying, or support of
44	44	a marriage not defined by Section 32, Article I, Texas
45	45	Constitution.
46	46	(b) A state or local governmental employee may not
47	47	recognize, grant, or enforce a marriage license or certification or
48	48	declaration of informal marriage, except a license or certification
49	49	for a marriage that conforms to Section 32, Article I, Texas
50	50	Constitution.
51	51	(c) State or local funds may not be used to enforce an order
52	52	requiring the issuance or recognition of a marriage license or
53	53	certification or declaration of informal marriage, except a
54	54	marriage license or certification or declaration of informal
55	55	marriage defined under Section 32, Article I, Texas Constitution.
56	56	SECTION 4. The severability provisions of Section 311.032,
57	57	Government Code, apply to this Act.
58	58	SECTION 5. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2015.