| 1 | 1 | | 84R28212 SCL-D |
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| 2 | 2 | | By: Bell, Fletcher, Springer, et al. H.B. No. 4105 |
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| 3 | 3 | | Substitute the following for H.B. No. 4105: |
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| 4 | 4 | | By: Cook C.S.H.B. No. 4105 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the issuance, enforcement, and recognition of marriage |
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| 10 | 10 | | licenses and declarations of informal marriage. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as the Preservation of |
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| 13 | 13 | | Sovereignty and Marriage Act. |
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| 14 | 14 | | SECTION 2. The purpose of this Act is to affirm that the |
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| 15 | 15 | | definition and regulation of marriage is within the sole authority |
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| 16 | 16 | | and realm of the separate states and the people within those states. |
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| 17 | 17 | | SECTION 3. Subchapter B, Chapter 1, Family Code, is amended |
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| 18 | 18 | | by adding Section 1.109 to read as follows: |
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| 19 | 19 | | Sec. 1.109. CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF |
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| 20 | 20 | | INFORMAL MARRIAGE PROHIBITED. (a) This state or a political |
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| 21 | 21 | | subdivision of this state may not use any funds to issue, enforce, |
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| 22 | 22 | | or recognize a marriage license or declaration of informal marriage |
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| 23 | 23 | | for a union other than a union between one man and one woman. |
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| 24 | 24 | | (b) An employee or official of this state or a political |
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| 25 | 25 | | subdivision of this state may not issue, enforce, or recognize a |
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| 26 | 26 | | marriage license or declaration of informal marriage for a union |
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| 27 | 27 | | other than a union between one man and one woman. |
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| 28 | 28 | | (c) This state or a political subdivision of this state may |
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| 29 | 29 | | not use any funds to enforce an order requiring the issuance, |
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| 30 | 30 | | enforcement, or recognition of a marriage license or declaration of |
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| 31 | 31 | | informal marriage for a union other than a union between one man and |
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| 32 | 32 | | one woman. |
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| 33 | 33 | | SECTION 4. Section 194.001, Health and Safety Code, is |
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| 34 | 34 | | amended by adding Subsection (c) to read as follows: |
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| 35 | 35 | | (c) A county clerk may not file, and the vital statistics |
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| 36 | 36 | | unit may not enter into the vital statistics system, a document copy |
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| 37 | 37 | | described by Subsection (a) or (b) that is associated with a union |
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| 38 | 38 | | other than a union between one man and one woman. If the vital |
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| 39 | 39 | | statistics unit determines that the document copy is associated |
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| 40 | 40 | | with a union other than a union between one man and one woman, the |
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| 41 | 41 | | vital statistics unit shall provide the document copy to the |
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| 42 | 42 | | attorney general. |
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| 43 | 43 | | SECTION 5. Section 118.018, Local Government Code, is |
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| 44 | 44 | | amended by adding Subsection (d) to read as follows: |
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| 45 | 45 | | (d) If a state agency determines that a marriage license fee |
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| 46 | 46 | | was collected for a marriage license that is associated with a union |
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| 47 | 47 | | other than a union between one man and one woman, the county clerk |
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| 48 | 48 | | shall remit $30 to the comptroller. The comptroller shall deposit |
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| 49 | 49 | | funds remitted under this subsection into the general revenue fund. |
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| 50 | 50 | | SECTION 6. Section 118.019, Local Government Code, is |
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| 51 | 51 | | amended to read as follows: |
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| 52 | 52 | | Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The |
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| 53 | 53 | | fee for "Declaration of Informal Marriage" under Section 118.011 is |
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| 54 | 54 | | for all services rendered in connection with the execution of a |
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| 55 | 55 | | declaration of informal marriage under Section 2.402 [1.92], Family |
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| 56 | 56 | | Code. The fee shall be collected at the time the service is |
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| 57 | 57 | | rendered. |
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| 58 | 58 | | (b) If a state agency determines that a declaration of |
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| 59 | 59 | | informal marriage fee was collected for a declaration of informal |
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| 60 | 60 | | marriage that is associated with a union other than a union between |
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| 61 | 61 | | one man and one woman, the county clerk shall remit $12.50 to the |
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| 62 | 62 | | comptroller. The comptroller shall deposit funds remitted under |
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| 63 | 63 | | this subsection into the general revenue fund. |
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| 64 | 64 | | SECTION 7. Except as otherwise provided by this section, |
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| 65 | 65 | | Section 194.001(c), Health and Safety Code, and Sections 118.018(d) |
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| 66 | 66 | | and 118.019(b), Local Government Code, as added by this Act, apply |
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| 67 | 67 | | only to a marriage license issued or declaration of informal |
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| 68 | 68 | | marriage recorded on or after the effective date of this Act. If |
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| 69 | 69 | | this Act takes effect before June 1, 2015, Section 194.001(c), |
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| 70 | 70 | | Health and Safety Code, and Sections 118.018(d) and 118.019(b), |
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| 71 | 71 | | Local Government Code, as added by this Act, do not apply to a |
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| 72 | 72 | | marriage license issued or declaration of informal marriage |
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| 73 | 73 | | recorded before that date. |
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| 74 | 74 | | SECTION 8. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2015. |
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