Texas 2017 - 85th Regular

Texas House Bill HB1663 Compare Versions

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

Old	New	Differences
1	1	85R4196 KSD-D
2	2	By: Dutton H.B. No. 1663
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain statutory changes to reflect and address
8	8	same-sex marriages and parenting relationships.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. FAMILY CODE PROVISIONS
11	11	SECTION 1.01. Subchapter A, Chapter 1, Family Code, is
12	12	amended by adding Section 1.0015 to read as follows:
13	13	Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
14	14	When necessary to implement the rights and duties of spouses or
15	15	parents in a marriage between persons of the same sex under the laws
16	16	of this state, gender-specific terminology must be construed in a
17	17	neutral manner to refer to a person of either gender.
18	18	SECTION 1.02. Section 2.001(a), Family Code, is amended to
19	19	read as follows:
20	20	(a) Two individuals [A man and a woman] desiring to enter
21	21	into a ceremonial marriage must obtain a marriage license from the
22	22	county clerk of any county of this state.
23	23	SECTION 1.03. Section 2.004(b), Family Code, is amended to
24	24	read as follows:
25	25	(b) The application form must contain:
26	26	(1) a heading entitled "Application for Marriage
27	27	License, ____________ County, Texas";
28	28	(2) spaces for each applicant's full name, including
29	29	the [woman's maiden] surname of an applicant intending to change
30	30	the applicant's surname as a result of the marriage, address,
31	31	social security number, if any, date of birth, and place of birth,
32	32	including city, county, and state;
33	33	(3) a space for indicating the document tendered by
34	34	each applicant as proof of identity and age;
35	35	(4) spaces for indicating whether each applicant has
36	36	been divorced within the last 30 days;
37	37	(5) printed boxes for each applicant to check "true"
38	38	or "false" in response to the following statement: "I am not
39	39	presently married and the other applicant is not presently
40	40	married.";
41	41	(6) printed boxes for each applicant to check "true"
42	42	or "false" in response to the following statement: "The other
43	43	applicant is not related to me as:
44	44	(A) an ancestor or descendant, by blood or
45	45	adoption;
46	46	(B) a brother or sister, of the whole or half
47	47	blood or by adoption;
48	48	(C) a parent's brother or sister, of the whole or
49	49	half blood or by adoption;
50	50	(D) a son or daughter of a brother or sister, of
51	51	the whole or half blood or by adoption;
52	52	(E) a current or former stepchild or stepparent;
53	53	or
54	54	(F) a son or daughter of a parent's brother or
55	55	sister, of the whole or half blood or by adoption.";
56	56	(7) printed boxes for each applicant to check "true"
57	57	or "false" in response to the following statement: "I am not
58	58	presently delinquent in the payment of court-ordered child
59	59	support.";
60	60	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
61	61	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
62	62	CORRECT.";
63	63	(9) spaces immediately below the printed oath for the
64	64	applicants' signatures;
65	65	(10) a certificate of the county clerk that:
66	66	(A) each applicant made the oath and the date and
67	67	place that it was made; or
68	68	(B) an applicant did not appear personally but
69	69	the prerequisites for the license have been fulfilled as provided
70	70	by this chapter;
71	71	(11) spaces for indicating the date of the marriage
72	72	and the county in which the marriage is performed;
73	73	(12) a space for the address to which the applicants
74	74	desire the completed license to be mailed; and
75	75	(13) a printed box for each applicant to check
76	76	indicating that the applicant wishes to make a voluntary
77	77	contribution of $5 to promote healthy early childhood by supporting
78	78	the Texas Home Visiting Program administered by the Office of Early
79	79	Childhood Coordination of the Health and Human Services Commission.
80	80	SECTION 1.04. Section 2.401(a), Family Code, is amended to
81	81	read as follows:
82	82	(a) In a judicial, administrative, or other proceeding, the
83	83	marriage of two individuals [a man and woman] may be proved by
84	84	evidence that:
85	85	(1) a declaration of their marriage has been signed as
86	86	provided by this subchapter; or
87	87	(2) the individuals [man and woman] agreed to be
88	88	married and after the agreement they lived together in this state as
89	89	spouses [husband and wife] and there represented to others that
90	90	they were married.
91	91	SECTION 1.05. Section 2.402(b), Family Code, is amended to
92	92	read as follows:
93	93	(b) The declaration form must contain:
94	94	(1) a heading entitled "Declaration and Registration
95	95	of Informal Marriage, ___________ County, Texas";
96	96	(2) spaces for each party's full name, including the
97	97	[woman's maiden] surname of a party intending to change the party's
98	98	surname as a result of the marriage, address, date of birth, place
99	99	of birth, including city, county, and state, and social security
100	100	number, if any;
101	101	(3) a space for indicating the type of document
102	102	tendered by each party as proof of age and identity;
103	103	(4) printed boxes for each party to check "true" or
104	104	"false" in response to the following statement: "The other party
105	105	is not related to me as:
106	106	(A) an ancestor or descendant, by blood or
107	107	adoption;
108	108	(B) a brother or sister, of the whole or half
109	109	blood or by adoption;
110	110	(C) a parent's brother or sister, of the whole or
111	111	half blood or by adoption;
112	112	(D) a son or daughter of a brother or sister, of
113	113	the whole or half blood or by adoption;
114	114	(E) a current or former stepchild or stepparent;
115	115	or
116	116	(F) a son or daughter of a parent's brother or
117	117	sister, of the whole or half blood or by adoption.";
118	118	(5) a printed declaration and oath reading: "I
119	119	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
120	120	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
121	121	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
122	122	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
123	123	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
124	124	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
125	125	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
126	126	CORRECT.";
127	127	(6) spaces immediately below the printed declaration
128	128	and oath for the parties' signatures; and
129	129	(7) a certificate of the county clerk that the parties
130	130	made the declaration and oath and the place and date it was made.
131	131	SECTION 1.06. Section 3.401, Family Code, is amended by
132	132	adding Subdivision (1) and amending Subdivisions (4) and (5) to
133	133	read as follows:
134	134	(1) "Civil union" means any relationship status other
135	135	than marriage that:
136	136	(A) is intended as an alternative to marriage or
137	137	applies primarily to cohabitating persons; and
138	138	(B) grants to the parties of the relationship
139	139	legal protections, benefits, or responsibilities granted to the
140	140	spouses of a marriage.
141	141	(4) "Marital estate" means one of three estates:
142	142	(A) the community property owned by the spouses
143	143	together and referred to as the community marital estate; or
144	144	(B) the separate property owned individually by
145	145	each spouse [the husband] and referred to as a separate marital
146	146	estate[; or
147	147	[(C) the separate property owned individually by
148	148	the wife, also referred to as a separate marital estate].
149	149	(5) "Spouse" means one of the two individuals who are
150	150	the parties to:
151	151	(A) a marriage; or
152	152	(B) [a husband, who is a man, or a wife, who is a
153	153	woman. A member of] a civil union [or similar relationship] entered
154	154	into in another state [between persons of the same sex is not a
155	155	spouse].
156	156	SECTION 1.07. Section 6.104(b), Family Code, is amended to
157	157	read as follows:
158	158	(b) In exercising its discretion, the court shall consider
159	159	the pertinent facts concerning the welfare of the parties to the
160	160	marriage, including whether a spouse [the female] is pregnant.
161	161	SECTION 1.08. Section 6.202(b), Family Code, is amended to
162	162	read as follows:
163	163	(b) The later marriage that is void under this section
164	164	becomes valid when the prior marriage is dissolved if, after the
165	165	date of the dissolution, the parties have lived together as spouses
166	166	[husband and wife] and represented themselves to others as being
167	167	married.
168	168	SECTION 1.09. Section 6.203, Family Code, is amended to
169	169	read as follows:
170	170	Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
171	171	marriage that would have been void under Section 6.201, a marriage
172	172	that was entered into before January 1, 1970, in violation of the
173	173	prohibitions of Article 496, Penal Code of Texas, 1925, is
174	174	validated from the date the marriage commenced if the parties
175	175	continued until January 1, 1970, to live together as spouses
176	176	[husband and wife] and to represent themselves to others as being
177	177	married.
178	178	SECTION 1.10. Section 6.704, Family Code, is amended to
179	179	read as follows:
180	180	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
181	181	a suit for dissolution of a marriage, each spouse is a [the husband
182	182	and wife are] competent witness [witnesses] for and against the
183	183	[each] other spouse. A spouse may not be compelled to testify as to
184	184	a matter that will incriminate the spouse.
185	185	(b) If a spouse [the husband or wife] testifies, the court
186	186	or jury trying the case shall determine the credibility of the
187	187	witness and the weight to be given the witness's testimony.
188	188	SECTION 1.11. Chapter 51, Family Code, is amended by adding
189	189	Section 51.015 to read as follows:
190	190	Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
191	191	When necessary to implement the rights and duties of spouses or
192	192	parents in a marriage between persons of the same sex under the laws
193	193	of this state, gender-specific terminology must be construed in a
194	194	neutral manner to refer to a person of either gender.
195	195	SECTION 1.12. Chapter 101, Family Code, is amended by
196	196	adding Section 101.0012 to read as follows:
197	197	Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
198	198	TERMINOLOGY. When necessary to implement the rights and duties of
199	199	spouses or parents in a marriage between persons of the same sex
200	200	under the laws of this state, gender-specific terminology must be
201	201	construed in a neutral manner to refer to a person of either gender.
202	202	SECTION 1.13. Section 101.024(a), Family Code, is amended
203	203	to read as follows:
204	204	(a) "Parent" means the mother, a man presumed to be the
205	205	father, an individual [a man] legally determined to be a parent [the
206	206	father], an individual [a man] who has been adjudicated to be a
207	207	parent [the father] by a court of competent jurisdiction, a man who
208	208	has acknowledged his parentage [paternity] under applicable law, or
209	209	an adoptive mother or father. Except as provided by Subsection (b),
210	210	the term does not include a parent as to whom the parent-child
211	211	relationship has been terminated.
212	212	SECTION 1.14. Section 108.009(b), Family Code, is amended
213	213	to read as follows:
214	214	(b) The new certificate may not show that a parent-child
215	215	[the father and child] relationship was established after the
216	216	child's birth but may show the child's actual place and date of
217	217	birth.
218	218	SECTION 1.15. Section 152.310(d), Family Code, is amended
219	219	to read as follows:
220	220	(d) A privilege against disclosure of communications
221	221	between spouses and a defense of immunity based on the relationship
222	222	of spouses [husband and wife] or parent and child may not be invoked
223	223	in a proceeding under this subchapter.
224	224	SECTION 1.16. Section 153.312(b), Family Code, is amended
225	225	to read as follows:
226	226	(b) The following provisions govern possession of the child
227	227	for vacations and certain specific holidays and supersede
228	228	conflicting weekend or Thursday periods of possession. The
229	229	possessory conservator and the managing conservator shall have
230	230	rights of possession of the child as follows:
231	231	(1) the possessory conservator shall have possession
232	232	in even-numbered years, beginning at 6 p.m. on the day the child is
233	233	dismissed from school for the school's spring vacation and ending
234	234	at 6 p.m. on the day before school resumes after that vacation, and
235	235	the managing conservator shall have possession for the same period
236	236	in odd-numbered years;
237	237	(2) if a possessory conservator:
238	238	(A) gives the managing conservator written
239	239	notice by April 1 of each year specifying an extended period or
240	240	periods of summer possession, the possessory conservator shall have
241	241	possession of the child for 30 days beginning not earlier than the
242	242	day after the child's school is dismissed for the summer vacation
243	243	and ending not later than seven days before school resumes at the
244	244	end of the summer vacation, to be exercised in not more than two
245	245	separate periods of at least seven consecutive days each, with each
246	246	period of possession beginning and ending at 6 p.m. on each
247	247	applicable day; or
248	248	(B) does not give the managing conservator
249	249	written notice by April 1 of each year specifying an extended period
250	250	or periods of summer possession, the possessory conservator shall
251	251	have possession of the child for 30 consecutive days beginning at 6
252	252	p.m. on July 1 and ending at 6 p.m. on July 31;
253	253	(3) if the managing conservator gives the possessory
254	254	conservator written notice by April 15 of each year, the managing
255	255	conservator shall have possession of the child on any one weekend
256	256	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
257	257	Sunday during one period of possession by the possessory
258	258	conservator under Subdivision (2), provided that the managing
259	259	conservator picks up the child from the possessory conservator and
260	260	returns the child to that same place; and
261	261	(4) if the managing conservator gives the possessory
262	262	conservator written notice by April 15 of each year or gives the
263	263	possessory conservator 14 days' written notice on or after April 16
264	264	of each year, the managing conservator may designate one weekend
265	265	beginning not earlier than the day after the child's school is
266	266	dismissed for the summer vacation and ending not later than seven
267	267	days before school resumes at the end of the summer vacation, during
268	268	which an otherwise scheduled weekend period of possession by the
269	269	possessory conservator will not take place, provided that the
270	270	weekend designated does not interfere with the possessory
271	271	conservator's period or periods of extended summer possession or
272	272	with Father's Day if the possessory conservator is a [the] father of
273	273	the child who is entitled to possession of the child for Father's
274	274	Day weekend that year.
275	275	SECTION 1.17. Sections 153.313 and 153.314, Family Code,
276	276	are amended to read as follows:
277	277	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
278	278	the possessory conservator resides more than 100 miles from the
279	279	residence of the child, the possessory conservator shall have the
280	280	right to possession of the child as follows:
281	281	(1) either regular weekend possession beginning on the
282	282	first, third, and fifth Friday as provided under the terms
283	283	applicable to parents who reside 100 miles or less apart or not more
284	284	than one weekend per month of the possessory conservator's choice
285	285	beginning at 6 p.m. on the day school recesses for the weekend and
286	286	ending at 6 p.m. on the day before school resumes after the weekend,
287	287	provided that the possessory conservator gives the managing
288	288	conservator 14 days' written or telephonic notice preceding a
289	289	designated weekend, and provided that the possessory conservator
290	290	elects an option for this alternative period of possession by
291	291	written notice given to the managing conservator within 90 days
292	292	after the parties begin to reside more than 100 miles apart, as
293	293	applicable;
294	294	(2) each year beginning at 6 p.m. on the day the child
295	295	is dismissed from school for the school's spring vacation and
296	296	ending at 6 p.m. on the day before school resumes after that
297	297	vacation;
298	298	(3) if the possessory conservator:
299	299	(A) gives the managing conservator written
300	300	notice by April 1 of each year specifying an extended period or
301	301	periods of summer possession, the possessory conservator shall have
302	302	possession of the child for 42 days beginning not earlier than the
303	303	day after the child's school is dismissed for the summer vacation
304	304	and ending not later than seven days before school resumes at the
305	305	end of the summer vacation, to be exercised in not more than two
306	306	separate periods of at least seven consecutive days each, with each
307	307	period of possession beginning and ending at 6 p.m. on each
308	308	applicable day; or
309	309	(B) does not give the managing conservator
310	310	written notice by April 1 of each year specifying an extended period
311	311	or periods of summer possession, the possessory conservator shall
312	312	have possession of the child for 42 consecutive days beginning at 6
313	313	p.m. on June 15 and ending at 6 p.m. on July 27;
314	314	(4) if the managing conservator gives the possessory
315	315	conservator written notice by April 15 of each year the managing
316	316	conservator shall have possession of the child on one weekend
317	317	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
318	318	Sunday during one period of possession by the possessory
319	319	conservator under Subdivision (3), provided that if a period of
320	320	possession by the possessory conservator exceeds 30 days, the
321	321	managing conservator may have possession of the child under the
322	322	terms of this subdivision on two nonconsecutive weekends during
323	323	that time period, and further provided that the managing
324	324	conservator picks up the child from the possessory conservator and
325	325	returns the child to that same place; and
326	326	(5) if the managing conservator gives the possessory
327	327	conservator written notice by April 15 of each year, the managing
328	328	conservator may designate 21 days beginning not earlier than the
329	329	day after the child's school is dismissed for the summer vacation
330	330	and ending not later than seven days before school resumes at the
331	331	end of the summer vacation, to be exercised in not more than two
332	332	separate periods of at least seven consecutive days each, with each
333	333	period of possession beginning and ending at 6 p.m. on each
334	334	applicable day, during which the possessory conservator may not
335	335	have possession of the child, provided that the period or periods so
336	336	designated do not interfere with the possessory conservator's
337	337	period or periods of extended summer possession or with Father's
338	338	Day if the possessory conservator is a [the] father of the child who
339	339	is entitled to possession of the child for Father's Day weekend that
340	340	year.
341	341	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
342	342	PARENTS RESIDE APART. The following provisions govern possession
343	343	of the child for certain specific holidays and supersede
344	344	conflicting weekend or Thursday periods of possession without
345	345	regard to the distance the parents reside apart. The possessory
346	346	conservator and the managing conservator shall have rights of
347	347	possession of the child as follows:
348	348	(1) the possessory conservator shall have possession
349	349	of the child in even-numbered years beginning at 6 p.m. on the day
350	350	the child is dismissed from school for the Christmas school
351	351	vacation and ending at noon on December 28, and the managing
352	352	conservator shall have possession for the same period in
353	353	odd-numbered years;
354	354	(2) the possessory conservator shall have possession
355	355	of the child in odd-numbered years beginning at noon on December 28
356	356	and ending at 6 p.m. on the day before school resumes after that
357	357	vacation, and the managing conservator shall have possession for
358	358	the same period in even-numbered years;
359	359	(3) the possessory conservator shall have possession
360	360	of the child in odd-numbered years, beginning at 6 p.m. on the day
361	361	the child is dismissed from school before Thanksgiving and ending
362	362	at 6 p.m. on the following Sunday, and the managing conservator
363	363	shall have possession for the same period in even-numbered years;
364	364	(4) the parent not otherwise entitled under this
365	365	standard possession order to present possession of a child on the
366	366	child's birthday shall have possession of the child beginning at 6
367	367	p.m. and ending at 8 p.m. on that day, provided that the parent
368	368	picks up the child from the residence of the conservator entitled to
369	369	possession and returns the child to that same place;
370	370	(5) if a conservator, the father shall have possession
371	371	of the child beginning at 6 p.m. on the Friday preceding Father's
372	372	Day and ending on Father's Day at 6 p.m., provided that, if he is not
373	373	otherwise entitled under this standard possession order to present
374	374	possession of the child, he picks up the child from the residence of
375	375	the conservator entitled to possession and returns the child to
376	376	that same place, except that if the child has two fathers appointed
377	377	as conservators, the managing conservator shall have possession of
378	378	the child for the period described by this subdivision in
379	379	even-numbered years and the possessory conservator shall have
380	380	possession of the child for that period in odd-numbered years; and
381	381	(6) if a conservator, the mother shall have possession
382	382	of the child beginning at 6 p.m. on the Friday preceding Mother's
383	383	Day and ending on Mother's Day at 6 p.m., provided that, if she is
384	384	not otherwise entitled under this standard possession order to
385	385	present possession of the child, she picks up the child from the
386	386	residence of the conservator entitled to possession and returns the
387	387	child to that same place, except that if the child has two mothers
388	388	appointed as conservators, the managing conservator shall have
389	389	possession of the child for the period described by this
390	390	subdivision in even-numbered years and the possessory conservator
391	391	shall have possession of the child for that period in odd-numbered
392	392	years.
393	393	SECTION 1.18. The following provisions of the Family Code
394	394	are repealed:
395	395	(1) Section 2.001(b); and
396	396	(2) Section 6.204.
397	397	SECTION 1.19. The change in law made by this article to
398	398	Section 108.009(b), Family Code, applies only to a new birth
399	399	certificate for a child born on or after the effective date of this
400	400	Act. A new birth certificate for a child born before that date is
401	401	governed by the law in effect on the date the child was born, and the
402	402	former law is continued in effect for that purpose.
403	403	SECTION 1.20. The changes in law made by this article to
404	404	Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
405	405	to a court order providing for possession of or access to a child
406	406	rendered on or after the effective date of this Act. A court order
407	407	rendered before the effective date of this Act is governed by the
408	408	law in effect on the date the order was rendered, and the former law
409	409	is continued in effect for that purpose.
410	410	ARTICLE 2. HEALTH AND SAFETY CODE PROVISIONS
411	411	SECTION 2.01. Section 191.0046(b), Health and Safety Code,
412	412	is amended to read as follows:
413	413	(b) The state registrar shall issue without fee a certified
414	414	copy of a record not otherwise prohibited by law to a veteran or to
415	415	the veteran's widow or widower, orphan, or other dependent if the
416	416	copy is for use in settling a claim against the government.
417	417	SECTION 2.02. Section 193.006(a), Health and Safety Code,
418	418	is amended to read as follows:
419	419	(a) This section applies to the death certificate of a
420	420	person who:
421	421	(1) served in a war, campaign, or expedition of the
422	422	United States, the Confederate States of America, or the Republic
423	423	of Texas;
424	424	(2) was the spouse, widower, [wife] or widow of a
425	425	person who served in a war, campaign, or expedition of the United
426	426	States, the Confederate States of America, or the Republic of
427	427	Texas; or
428	428	(3) at the time of death was in the service of the
429	429	United States.
430	430	SECTION 2.03. Section 574.045(d), Health and Safety Code,
431	431	is amended to read as follows:
432	432	(d) A female patient must be accompanied by a female
433	433	attendant unless the patient is accompanied by her father, spouse
434	434	[husband], or adult brother or son.
435	435	ARTICLE 3. EFFECTIVE DATE
436	436	SECTION 3.01. This Act takes effect September 1, 2017.