84R82 EES-D
By: White of Tyler H.B. No. 547
A BILL TO BE ENTITLED
AN ACT
relating to the creation and dissolution of a covenant marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2, Family Code, is amended
by adding Section 2.0041 to read as follows:
Sec. 2.0041. AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT
MARRIAGE. (a) This section applies only to a county:
(1) with a population of not less than 54,000 or more
than 56,000 and in which more than 250 divorces are granted each
year; or
(2) in which the commissioners court has adopted an
order authorizing persons to enter into covenant marriages.
(b) Notwithstanding Subsection (a), a county described by
Subsection (a)(1) continues to be subject to this section after the
initial year of applicability regardless of whether the county
continues to be described by that subsection. A commissioners
court may not revoke an order described by Subsection (a)(2).
(c) The applicants for a marriage license in a county to
which this section applies may enter into a covenant marriage by
submitting with the application for the license a signed and
notarized affidavit of intent to enter into a covenant marriage.
(d) The affidavit of intent to enter into a covenant
marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between a
man and a woman who agree to live together as husband and wife for so
long as they both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We have read the pamphlet on
covenant marriage and understand that a covenant marriage is for
life. We understand that we can get divorced or separated only for a
reason stated in the pamphlet on covenant marriage. If we
experience marital difficulties, we commit ourselves to take all
reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we declare
our intent to enter into a covenant marriage that will be bound by
Texas law on covenant marriage and we promise to love, honor, and
care for one another as husband and wife for the rest of our lives."
SECTION 2. Section 2.009, Family Code, is amended by adding
Subsection (e) to read as follows:
(e) The county clerk shall indicate on the marriage license
whether the license is for a covenant marriage.
SECTION 3. Chapter 2, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. COVENANT MARRIAGE
Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT
MARRIAGE. (a) In a county to which Section 2.0041 applies, a
married couple residing in the county may designate their marriage
as a covenant marriage by filing with the county clerk:
(1) a signed and notarized affidavit of intent to
designate a marriage as a covenant marriage; and
(2) a copy of the couple's marriage license.
(b) The affidavit of intent to designate a marriage as a
covenant marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between a
man and a woman who agree to live together as husband and wife for so
long as they both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We have read the pamphlet on
covenant marriage and understand that a covenant marriage is for
life. We understand that we can get divorced or separated only for a
reason stated in the pamphlet on covenant marriage. If we
experience marital difficulties, we commit ourselves to take all
reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we declare
that our marriage will be bound by Texas law on covenant marriage
and we renew our promise to love, honor, and care for one another as
husband and wife for the rest of our lives."
(c) On receipt of the affidavit and marriage license under
Subsection (a), the county clerk shall:
(1) designate on the marriage license that the
marriage is a covenant marriage; and
(2) attach a copy of the affidavit to the marriage
license.
(d) A marriage becomes a covenant marriage when a couple
files the affidavit of intent to designate a marriage as a covenant
marriage with the county clerk.
Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple
may enter into a covenant marriage or designate a marriage as a
covenant marriage, the couple must complete at least eight hours of
premarital counseling from a person legally authorized to engage in
marriage counseling. The counselor must use a science-based
counseling program.
(b) The counselor shall:
(1) ensure that the couple discusses important
personal issues, including financial issues and conflict
resolution;
(2) discuss the seriousness of a covenant marriage;
(3) inform the couple that a covenant marriage is a
commitment for life; and
(4) inform the couple of the obligation to seek
marital counseling in times of marital difficulties.
(c) The counselor may discuss any other topic the counselor
considers important to the couple's understanding of the marital
commitment.
Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The
attorney general shall select a not-for-profit organization to
prepare and publish a pamphlet consistent with the requirements of
this subchapter providing a full explanation of the terms and
conditions of a covenant marriage. To be eligible for selection, an
organization must agree to prepare and publish the pamphlet
completely at the expense of the organization. The pamphlet must
list the grounds for dissolution of a covenant marriage under
Section 6.903 and the grounds for legal separation under Section
6.905. The attorney general shall prepare and publish the pamphlet
if a not-for-profit organization is not available.
(b) The attorney general shall provide the pamphlet to the
county clerks in counties in which a couple may enter into or
designate their marriage as a covenant marriage. A county clerk
shall provide the pamphlet to each person applying for a license for
a covenant marriage or seeking to designate an existing marriage as
a covenant marriage.
Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney
general shall develop material to educate county clerks in affected
counties about the requirements for issuing a covenant marriage
license and the differences between a covenant marriage and a
noncovenant marriage.
SECTION 4. Subchapter A, Chapter 6, Family Code, is amended
by adding Section 6.009 to read as follows:
Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Except as
provided by Section 6.904, this subchapter does not apply to a
covenant marriage.
SECTION 5. Chapter 6, Family Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
SEPARATION
Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse
in a covenant marriage who meets the requirements of this
subchapter may file a suit for:
(1) dissolution of the covenant marriage; or
(2) legal separation.
(b) The procedures in this chapter for a suit for
dissolution of a marriage apply to a suit for dissolution of a
covenant marriage or for legal separation of a covenant marriage.
Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)
Except as provided by Section 6.903 or 6.904, a spouse in a covenant
marriage may not obtain a divorce unless the parties to the marriage
have received counseling from a licensed marriage and family
therapist or other licensed mental health professional described by
Subsection (b) in an attempt to reconcile the marriage. The couple
must participate in the counseling until the counselor or both
spouses determine that the marriage is not salvageable.
(b) A licensed mental health professional may perform the
counseling required by this section if the license holder has
completed at least six hours of continuing education in subjects
related to counseling married couples during each licensing period.
Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE.
(a) The court may grant a divorce in a covenant marriage if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least two years;
(4) the spouses have lived apart without cohabitation
for at least three years;
(5) an order of legal separation has been issued to one
of the spouses under Section 6.905 and the spouses have lived apart
without reconciliation for at least:
(A) two years after the date a separation order
is rendered if there are no minor children from the marriage; or
(B) two years and six months after the date a
separation order is rendered if there is a minor child from the
marriage; or
(6) the spouses have completed the counseling required
by Section 6.902 and:
(A) the spouses agree to dissolve the marriage;
or
(B) the counselor determines that, in the
counselor's professional opinion, it is in the best interest of
both spouses to dissolve the marriage.
(b) The court may not grant a divorce under Subsection
(a)(2) if the spouse who was convicted of a felony was convicted
solely on the testimony of the other spouse.
Sec. 6.904. DISSOLUTION OF MARRIAGE: FAMILY VIOLENCE. A
spouse who files with the petition in a suit for dissolution of a
covenant marriage an affidavit stating that the other spouse
committed family violence, as defined by Section 71.004, against
the spouse may file the suit under Subchapter A.
Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant
marriage may file a suit to obtain from the court an order of legal
separation if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least one year;
(4) the other spouse committed family violence as
defined by Section 71.004 and the spouse reported the family
violence to a law enforcement agency and has filed for a protective
order;
(5) the spouses have lived apart without cohabitation
for at least three years; or
(6) the other spouse habitually abuses illegal drugs
or alcohol.
(b) The court may not render an order of legal separation
under Subsection (a)(2) if the spouse who was convicted of a felony
was convicted solely on the testimony of the other spouse.
SECTION 6. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.0511 to read as follows:
Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS
INVOLVING COVENANT MARRIAGE. Notwithstanding any other provision
of this subchapter, the court shall render a temporary order for
maintenance in favor of a spouse who files for:
(1) legal separation of a covenant marriage based on
abandonment under Section 6.905(a)(3); or
(2) dissolution of a covenant marriage.
SECTION 7. Section 194.001, Health and Safety Code, is
amended to read as follows:
Sec. 194.001. REPORT OF MARRIAGE. (a) The county clerk
shall file with the bureau of vital statistics a copy of each
completed marriage license application and a copy of any affidavit
of an absent applicant or affidavit of intent to enter into a
covenant marriage submitted with an application. The clerk shall
file the copies not later than the 90th day after the date of the
application. The clerk may not collect a fee for filing the
copies.
(b) The county clerk shall file with the bureau of vital
statistics a copy of each declaration of informal marriage executed
under Section 2.402 [1.92], Family Code. The clerk shall file the
copy not later than the 90th day after the date on which the
declaration is executed.
(c) The county clerk shall file with the bureau of vital
statistics a copy of each affidavit of intent to designate a
marriage as a covenant marriage executed under Section 2.601,
Family Code. The clerk shall file the copy not later than the 90th
day after the date on which the affidavit is executed.
SECTION 8. Section 194.0011, Health and Safety Code, is
amended to read as follows:
Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING
MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of
the Health and Human Services Commission [board] by rule shall
prescribe the format and content of the:
(1) form used for the marriage license application;
(2) affidavit of intent to enter into a covenant
marriage; and
(3) affidavit of intent to designate a marriage as a
covenant marriage.
(b) The bureau of vital statistics shall print and
distribute the marriage license application form [forms] to each
county clerk throughout the state and the affidavits to the county
clerks in counties in which a couple may enter into or designate
their marriage as a covenant marriage.
(c) The form and affidavits adopted by the executive
commissioner [board] shall replace locally adopted forms and
affidavits.
(d) A county clerk may reproduce the executive
commissioner's [board's] form and affidavits locally.
SECTION 9. Section 118.011, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
for the first page $ 5.00
for each additional page or part of a page on which
there are visible marks of any kind $ 4.00
(2) Real Property Records Filing (Sec. 118.013):
for the first page $ 5.00
for each additional page or part of a page on which
there are visible marks of any kind $ 4.00
for all or part of each 8-1/2" X 14" attachment
or rider $ 4.00
for each name in excess of five names that has to
be indexed in all records in which the document must be
indexed $ 0.25
(3) Certified Papers (Sec. 118.014):
for the clerk's certificate $ 5.00
plus a fee for each page or part of a
page $ 1.00
(4) Noncertified Papers (Sec. 118.0145):
for each page or part of a page $ 1.00
(5) Birth or Death Certificate (Sec.
118.015) same as state registrar
(6) Bond Approval (Sec. 118.016) $ 3.00
(7) Noncovenant Marriage License
(Sec. 118.018) $60.00
(8) Declaration of Informal Marriage (Sec.
118.019) $25.00
(9) Brand Registration (Sec. 118.020)$ 5.00
(10) Oath Administration (Sec. 118.021)$ 1.00
(g) A county clerk may not charge a fee for issuing a
covenant marriage license or designating on a marriage license that
the marriage is a covenant marriage.
SECTION 10. The heading to Section 118.018, Local
Government Code, is amended to read as follows:
Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.
SECTION 11. Sections 118.018(a) and (b-1), Local Government
Code, are amended to read as follows:
(a) The fee for a "Noncovenant Marriage License" under
Section 118.011 is for issuing a noncovenant marriage license. The
fee must be paid at the time the license is issued, except as
provided by Subsection (b-1).
(b-1) The county clerk shall issue a noncovenant marriage
license without collecting a noncovenant marriage license fee from
an applicant who:
(1) completes a premarital education course described
by Section 2.013, Family Code; and
(2) provides to the county clerk a premarital
education course completion certificate indicating completion of
the premarital education course not more than one year before the
date the noncovenant marriage license application is filed with the
clerk.
SECTION 12. This Act takes effect September 1, 2015.