Texas 2015 - 84th Regular

Texas Senate Bill SB98 Compare Versions

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

Old	New	Differences
1	1	84R998 KSD-D
2	2	By: Hinojosa, Rodríguez S.B. No. 98
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a marriage between two persons of the same
8	8	sex in this state and repealing the statutory prohibition against
9	9	the recognition of a civil union or similar relationship entered
10	10	into in another state between two persons of the same sex.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2.001(a), Family Code, is amended to
13	13	read as follows:
14	14	(a) A man and a woman, a man and a man, or a woman and a woman
15	15	desiring to enter into a ceremonial marriage must obtain a marriage
16	16	license from the county clerk of any county of this state.
17	17	SECTION 2. Section 2.401(a), Family Code, is amended to
18	18	read as follows:
19	19	(a) In a judicial, administrative, or other proceeding, the
20	20	marriage of a man and woman, a man and man, or a woman and woman may
21	21	be proved by evidence that:
22	22	(1) a declaration of their marriage has been signed as
23	23	provided by this subchapter; or
24	24	(2) the man and woman, man and man, or woman and woman
25	25	agreed to be married and after the agreement they lived together in
26	26	this state as spouses [husband and wife] and there represented to
27	27	others that they were married.
28	28	SECTION 3. Section 2.402(b), Family Code, is amended to
29	29	read as follows:
30	30	(b) The declaration form must contain:
31	31	(1) a heading entitled "Declaration and Registration
32	32	of Informal Marriage, ___________ County, Texas";
33	33	(2) spaces for each party's full name, including the
34	34	[woman's] maiden surname for a woman, address, date of birth, place
35	35	of birth, including city, county, and state, and social security
36	36	number, if any;
37	37	(3) a space for indicating the type of document
38	38	tendered by each party as proof of age and identity;
39	39	(4) printed boxes for each party to check "true" or
40	40	"false" in response to the following statement: "The other party
41	41	is not related to me as:
42	42	(A) an ancestor or descendant, by blood or
43	43	adoption;
44	44	(B) a brother or sister, of the whole or half
45	45	blood or by adoption;
46	46	(C) a parent's brother or sister, of the whole or
47	47	half blood or by adoption;
48	48	(D) a son or daughter of a brother or sister, of
49	49	the whole or half blood or by adoption;
50	50	(E) a current or former stepchild or stepparent;
51	51	or
52	52	(F) a son or daughter of a parent's brother or
53	53	sister, of the whole or half blood or by adoption.";
54	54	(5) a printed declaration and oath reading: "I
55	55	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
56	56	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
57	57	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
58	58	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
59	59	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
60	60	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
61	61	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
62	62	CORRECT.";
63	63	(6) spaces immediately below the printed declaration
64	64	and oath for the parties' signatures; and
65	65	(7) a certificate of the county clerk that the parties
66	66	made the declaration and oath and the place and date it was made.
67	67	SECTION 4. Section 3.401(5), Family Code, is amended to
68	68	read as follows:
69	69	(5) "Spouse" means a party to a marriage [husband, who
70	70	is a man, or a wife, who is a woman. A member of a civil union or
71	71	similar relationship entered into in another state between persons
72	72	of the same sex is not a spouse].
73	73	SECTION 5. Section 6.202(b), Family Code, is amended to
74	74	read as follows:
75	75	(b) The later marriage that is void under this section
76	76	becomes valid when the prior marriage is dissolved if, after the
77	77	date of the dissolution, the parties have lived together as spouses
78	78	[husband and wife] and represented themselves to others as being
79	79	married.
80	80	SECTION 6. Section 6.704, Family Code, is amended to read as
81	81	follows:
82	82	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
83	83	a suit for dissolution of a marriage, each spouse is a [the husband
84	84	and wife are] competent witness [witnesses] for and against the
85	85	[each] other spouse. A spouse may not be compelled to testify as to
86	86	a matter that will incriminate the spouse.
87	87	(b) If a spouse [the husband or wife] testifies, the court
88	88	or jury trying the case shall determine the credibility of the
89	89	witness and the weight to be given the witness's testimony.
90	90	SECTION 7. The following laws are repealed:
91	91	(1) Section 2.001(b), Family Code;
92	92	(2) Section 6.204, Family Code; and
93	93	(3) Sections 810.001(g), (h), and (i), Government
94	94	Code.
95	95	SECTION 8. This Act takes effect January 1, 2016, but only
96	96	if the constitutional amendment proposed by the 84th Legislature,
97	97	Regular Session, 2015, repealing the constitutional provision
98	98	providing that marriage in this state consists only of the union of
99	99	one man and one woman and prohibiting this state or a political
100	100	subdivision of this state from creating or recognizing any legal
101	101	status identical or similar to marriage is approved by the voters.
102	102	If that amendment is not approved by the voters, this Act has no
103	103	effect.