Texas 2017 - 85th Regular

Texas House Bill HB1813 Compare Versions

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

Old	New	Differences
1	1	85R5470 JSC-D
2	2	By: Flynn H.B. No. 1813
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to issuing a marriage license and conducting a marriage
8	8	ceremony.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 2, Family Code, is amended
11	11	by adding Sections 2.0001 and 2.0002 to read as follows:
12	12	Sec. 2.0001. DEFINITION: CERTIFYING OFFICIAL. In this
13	13	chapter, "certifying official" means a person, other than the
14	14	county clerk, authorized to certify a completed application for a
15	15	marriage license, administer the oath, and issue the license.
16	16	Sec. 2.0002. FUNCTIONS OF CERTIFYING OFFICIAL. (a) This
17	17	section applies only to a county in which the county clerk has
18	18	notified the commissioners court of a sincerely held religious
19	19	belief under Section 2.603.
20	20	(b) The county clerk in the county in which an application
21	21	for a marriage license is filed may delegate the duty to certify the
22	22	application, administer the oath, and issue the license to a deputy
23	23	clerk if the deputy clerk is willing and available to perform those
24	24	functions.
25	25	(c) A judge or magistrate who is willing and available to
26	26	certify an application for a marriage license, administer the oath,
27	27	and issue the license may act as the certifying official in any
28	28	county, regardless of whether the magistrate or judge normally has
29	29	jurisdiction in that county.
30	30	(d) If the commissioners court of a county determines that a
31	31	county clerk has made a notification under Section 2.603 and an
32	32	insufficient number of deputy county clerks, judges, or magistrates
33	33	in the county are willing and available to certify an application
34	34	for a marriage license, administer the oath, and issue the license,
35	35	the commissioners court shall designate one or more county
36	36	employees or employ or contract with one or more individuals to
37	37	provide those services as a certifying official under Section
38	38	81.035, Local Government Code. A certifying official contracted
39	39	with under this subsection is not required to be an employee of the
40	40	county.
41	41	(e) A certifying official under this section is not
42	42	authorized to perform the functions of a county clerk other than
43	43	certifying a completed marriage license application, administering
44	44	the oath, and issuing the license.
45	45	SECTION 2. Section 2.001(a), Family Code, is amended to
46	46	read as follows:
47	47	(a) A man and a woman desiring to enter into a ceremonial
48	48	marriage must obtain a marriage license from the county clerk of any
49	49	county of this state or a certifying official.
50	50	SECTION 3. Section 2.002, Family Code, is amended to read as
51	51	follows:
52	52	Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by
53	53	Section 2.006, each person applying for a license must:
54	54	(1) appear before the county clerk or certifying
55	55	official;
56	56	(2) submit the person's proof of identity and age as
57	57	provided by Section 2.005(b);
58	58	(3) provide the information applicable to that person
59	59	for which spaces are provided in the application for a marriage
60	60	license;
61	61	(4) mark the appropriate boxes provided in the
62	62	application; [and]
63	63	(5) take the oath printed on the application
64	64	administered by the county clerk or certifying official; and
65	65	(6) sign the application [before the county clerk].
66	66	SECTION 4. Section 2.003, Family Code, is amended to read as
67	67	follows:
68	68	Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition
69	69	to the other requirements provided by this chapter, a person under
70	70	18 years of age applying for a license must provide to the county
71	71	clerk or certifying official:
72	72	(1) documents establishing, as provided by Section
73	73	2.102, parental consent for the person to the marriage;
74	74	(2) documents establishing that a prior marriage of
75	75	the person has been dissolved; or
76	76	(3) a court order granted under Section 2.103
77	77	authorizing the marriage of the person.
78	78	SECTION 5. Sections 2.004(a) and (b), Family Code, are
79	79	amended to read as follows:
80	80	(a) The county clerk or certifying official shall furnish
81	81	the application form as prescribed by the bureau of vital
82	82	statistics.
83	83	(b) The application form must contain:
84	84	(1) a heading entitled "Application for Marriage
85	85	License, ____________ County, Texas";
86	86	(2) spaces for each applicant's full name, including
87	87	the woman's maiden surname, address, social security number, if
88	88	any, date of birth, and place of birth, including city, county, and
89	89	state;
90	90	(3) a space for indicating the document tendered by
91	91	each applicant as proof of identity and age;
92	92	(4) spaces for indicating whether each applicant has
93	93	been divorced within the last 30 days;
94	94	(5) printed boxes for each applicant to check "true"
95	95	or "false" in response to the following statement: "I am not
96	96	presently married and the other applicant is not presently
97	97	married.";
98	98	(6) printed boxes for each applicant to check "true"
99	99	or "false" in response to the following statement: "The other
100	100	applicant is not related to me as:
101	101	(A) an ancestor or descendant, by blood or
102	102	adoption;
103	103	(B) a brother or sister, of the whole or half
104	104	blood or by adoption;
105	105	(C) a parent's brother or sister, of the whole or
106	106	half blood or by adoption;
107	107	(D) a son or daughter of a brother or sister, of
108	108	the whole or half blood or by adoption;
109	109	(E) a current or former stepchild or stepparent;
110	110	or
111	111	(F) a son or daughter of a parent's brother or
112	112	sister, of the whole or half blood or by adoption.";
113	113	(7) printed boxes for each applicant to check "true"
114	114	or "false" in response to the following statement: "I am not
115	115	presently delinquent in the payment of court-ordered child
116	116	support.";
117	117	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
118	118	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
119	119	CORRECT.";
120	120	(9) spaces immediately below the printed oath for the
121	121	applicants' signatures;
122	122	(10) a certificate of the county clerk or certifying
123	123	official that:
124	124	(A) each applicant made the oath and the date and
125	125	place that the oath [it] was made; or
126	126	(B) an applicant did not appear personally but
127	127	the prerequisites for the license have been fulfilled as provided
128	128	by this chapter;
129	129	(11) spaces for indicating the date of the marriage
130	130	and the county in which the marriage is performed;
131	131	(12) a space for the address to which the applicants
132	132	desire the completed license to be mailed; and
133	133	(13) a printed box for each applicant to check
134	134	indicating that the applicant wishes to make a voluntary
135	135	contribution of $5 to promote healthy early childhood by supporting
136	136	the Texas Home Visiting Program administered by the Office of Early
137	137	Childhood Coordination of the Health and Human Services Commission.
138	138	SECTION 6. Sections 2.005(a) and (b), Family Code, are
139	139	amended to read as follows:
140	140	(a) The county clerk or certifying official shall require
141	141	proof of the identity and age of each applicant.
142	142	(b) The proof must be established by:
143	143	(1) a driver's license or identification card issued
144	144	by this state, another state, or a Canadian province that is current
145	145	or has expired not more than two years preceding the date the
146	146	identification is submitted to the county clerk or certifying
147	147	official in connection with an application for a license;
148	148	(2) a United States passport;
149	149	(3) a current passport issued by a foreign country or a
150	150	consular document issued by a state or national government;
151	151	(4) an unexpired Certificate of United States
152	152	Citizenship, Certificate of Naturalization, United States Citizen
153	153	Identification Card, Permanent Resident Card, Temporary Resident
154	154	Card, Employment Authorization Card, or other document issued by
155	155	the federal Department of Homeland Security or the United States
156	156	Department of State including an identification photograph;
157	157	(5) an unexpired military identification card for
158	158	active duty, reserve, or retired personnel with an identification
159	159	photograph;
160	160	(6) an original or certified copy of a birth
161	161	certificate issued by a bureau of vital statistics for a state or a
162	162	foreign government;
163	163	(7) an original or certified copy of a Consular Report
164	164	of Birth Abroad or Certificate of Birth Abroad issued by the United
165	165	States Department of State;
166	166	(8) an original or certified copy of a court order
167	167	relating to the applicant's name change or sex change;
168	168	(9) school records from a secondary school or
169	169	institution of higher education;
170	170	(10) an insurance policy continuously valid for the
171	171	two years preceding the date of the application for a license;
172	172	(11) a motor vehicle certificate of title;
173	173	(12) military records, including documentation of
174	174	release or discharge from active duty or a draft record;
175	175	(13) an unexpired military dependent identification
176	176	card;
177	177	(14) an original or certified copy of the applicant's
178	178	marriage license or divorce decree;
179	179	(15) a voter registration certificate;
180	180	(16) a pilot's license issued by the Federal Aviation
181	181	Administration or another authorized agency of the United States;
182	182	(17) a license to carry a handgun under Subchapter H,
183	183	Chapter 411, Government Code;
184	184	(18) a temporary driving permit or a temporary
185	185	identification card issued by the Department of Public Safety; or
186	186	(19) an offender identification card issued by the
187	187	Texas Department of Criminal Justice.
188	188	SECTION 7. Section 2.006, Family Code, is amended to read as
189	189	follows:
190	190	Sec. 2.006. ABSENT APPLICANT. (a) If an applicant is
191	191	unable to appear personally before the county clerk or certifying
192	192	official to apply for a marriage license, any adult person or the
193	193	other applicant may apply on behalf of the absent applicant.
194	194	(b) The person applying on behalf of an absent applicant
195	195	shall provide to the clerk or certifying official:
196	196	(1) notwithstanding Section 132.001, Civil Practice
197	197	and Remedies Code, the notarized affidavit of the absent applicant
198	198	as provided by this subchapter;
199	199	(2) proof of the identity and age of the absent
200	200	applicant under Section 2.005(b); and
201	201	(3) if required because the absent applicant is a
202	202	person under 18 years of age, documents establishing that a prior
203	203	marriage has been dissolved, a court order authorizing the marriage
204	204	of the absent, underage applicant, or documents establishing
205	205	consent by a parent or a person who has legal authority to consent
206	206	to the marriage, including:
207	207	(A) proof of identity of the parent or person
208	208	with legal authority to consent to the marriage under Section
209	209	2.005(b); and
210	210	(B) proof that the parent or person has the legal
211	211	authority to consent to the marriage for the applicant under rules
212	212	adopted under Section 2.102(j).
213	213	(c) Notwithstanding Subsection (a), the clerk or certifying
214	214	official may not issue a marriage license for which both applicants
215	215	are absent unless the person applying on behalf of each absent
216	216	applicant provides to the clerk or certifying official an affidavit
217	217	of the applicant declaring that the applicant is a member of the
218	218	armed forces of the United States stationed in another country in
219	219	support of combat or another military operation.
220	220	SECTION 8. Section 2.007, Family Code, is amended to read as
221	221	follows:
222	222	Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit
223	223	of an absent applicant must include:
224	224	(1) the absent applicant's full name, including the
225	225	maiden surname of a female applicant, address, date of birth, place
226	226	of birth, including city, county, and state, citizenship, and
227	227	social security number, if any;
228	228	(2) a declaration that the absent applicant has not
229	229	been divorced within the last 30 days;
230	230	(3) a declaration that the absent applicant is:
231	231	(A) not presently married; or
232	232	(B) married to the other applicant and they wish
233	233	to marry again;
234	234	(4) a declaration that the other applicant is not
235	235	presently married and is not related to the absent applicant as:
236	236	(A) an ancestor or descendant, by blood or
237	237	adoption;
238	238	(B) a brother or sister, of the whole or half
239	239	blood or by adoption;
240	240	(C) a parent's brother or sister, of the whole or
241	241	half blood or by adoption;
242	242	(D) a son or daughter of a brother or sister, of
243	243	the whole or half blood or by adoption;
244	244	(E) a current or former stepchild or stepparent;
245	245	or
246	246	(F) a son or daughter of a parent's brother or
247	247	sister, of the whole or half blood or by adoption;
248	248	(5) a declaration that the absent applicant desires to
249	249	marry and the name, age, and address of the person to whom the
250	250	absent applicant desires to be married;
251	251	(6) the approximate date on which the marriage is to
252	252	occur;
253	253	(7) the reason the absent applicant is unable to
254	254	appear [personally] before the county clerk or certifying official
255	255	for the issuance of the license; and
256	256	(8) the appointment of any adult, other than the other
257	257	applicant, to act as proxy for the purpose of participating in the
258	258	ceremony, if the absent applicant is:
259	259	(A) a member of the armed forces of the United
260	260	States stationed in another country in support of combat or another
261	261	military operation; and
262	262	(B) unable to attend the ceremony.
263	263	SECTION 9. Section 2.0071, Family Code, is amended to read
264	264	as follows:
265	265	Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO
266	266	LICENSE FOR ABSENT APPLICANT. If a [A] county clerk or certifying
267	267	official [who] issues a marriage license for an absent applicant,
268	268	the clerk shall maintain the affidavit of the absent applicant and
269	269	the application for the marriage license in the same manner that the
270	270	clerk maintains an application for a marriage license submitted by
271	271	two applicants in person.
272	272	SECTION 10. Section 2.008, Family Code, is amended to read
273	273	as follows:
274	274	Sec. 2.008. CERTIFICATION [EXECUTION] OF APPLICATION [BY
275	275	CLERK]. (a) The county clerk or certifying official shall:
276	276	(1) determine that all necessary information, other
277	277	than the date of the marriage ceremony, the county in which the
278	278	ceremony is conducted, and the name of the person who performs the
279	279	ceremony, is recorded on the application and that all necessary
280	280	documents are submitted;
281	281	(2) administer the oath to each applicant appearing
282	282	before the clerk or certifying official; and
283	283	(3) have each applicant appearing before the clerk or
284	284	certifying official sign the application.
285	285	(a-1) If the county clerk certifies the application, the
286	286	clerk shall [in the clerk's presence; and
287	287	[(4)] execute the clerk's certificate on the
288	288	application. If a certifying official certifies the application,
289	289	the certifying official shall:
290	290	(1) include on the application:
291	291	(A) the county in which the application was
292	292	submitted; and
293	293	(B) the name, job title, and signature of the
294	294	certifying official; and
295	295	(2) return the certified application and any
296	296	supporting documentation by facsimile or electronic means to the
297	297	county clerk for recording.
298	298	(a-2) If the county clerk has given notice under Section
299	299	2.603 that the clerk is unwilling to certify the application,
300	300	administer the oath, and issue the license, and the deputy clerk is
301	301	not performing those functions in that county, the clerk shall
302	302	provide the applicants with notice of any certifying officials
303	303	serving in that county. If no certifying official is located in the
304	304	county, the county clerk shall provide the applicants with contact
305	305	information for a certifying official designated under Section
306	306	81.035, Local Government Code.
307	307	(a-3) In the event an applicant is referred to a certifying
308	308	official located outside the county under Subsection (a-2), the
309	309	applicant may submit the completed application and all supporting
310	310	documentation to the applicable certifying official via facsimile
311	311	or electronic means. A certifying official described by this
312	312	subsection, on receipt of the application and supporting
313	313	documentation, shall:
314	314	(1) determine that all necessary information, other
315	315	than the date of the marriage ceremony, the county in which the
316	316	ceremony is conducted, and the name of the person who performs the
317	317	ceremony, is recorded on the application and that all necessary
318	318	documents are submitted;
319	319	(2) administer the oath to each applicant, which may
320	320	be accomplished telephonically or electronically;
321	321	(3) have each applicant sign the application;
322	322	(4) certify the application and include on the
323	323	application:
324	324	(A) the county from which the application was
325	325	submitted; and
326	326	(B) the name, job title, signature, and location
327	327	of the certifying official; and
328	328	(5) return the certified application and any
329	329	supporting documentation by facsimile or electronic means to the
330	330	county clerk in the county from which the application was submitted
331	331	for recording.
332	332	(b) A person appearing before the clerk or certifying
333	333	official on behalf of an absent applicant is not required to take
334	334	the oath on behalf of the absent applicant.
335	335	SECTION 11. Section 2.009, Family Code, is amended to read
336	336	as follows:
337	337	Sec. 2.009. ISSUANCE OF LICENSE. (a) Except as provided by
338	338	Subsections (b) and (d), the county clerk or certifying official
339	339	may not issue a license if either applicant:
340	340	(1) fails to provide the information required by this
341	341	subchapter;
342	342	(2) fails to submit proof of age and identity;
343	343	(3) is under 16 years of age and has not been granted a
344	344	court order as provided by Section 2.103;
345	345	(4) is 16 years of age or older but under 18 years of
346	346	age and has not presented at least one of the following:
347	347	(A) parental consent as provided by Section
348	348	2.102;
349	349	(B) documents establishing that a prior marriage
350	350	of the applicant has been dissolved; or
351	351	(C) a court order as provided by Section 2.103;
352	352	(5) checks "false" in response to a statement in the
353	353	application, except as provided by Subsection (b) or (d), or fails
354	354	to make a required declaration in an affidavit required of an absent
355	355	applicant; or
356	356	(6) indicates that the applicant has been divorced
357	357	within the last 30 days, unless:
358	358	(A) the applicants were divorced from each other;
359	359	or
360	360	(B) the prohibition against remarriage is waived
361	361	as provided by Section 6.802.
362	362	(b) If an applicant checks "false" in response to the
363	363	statement "I am not presently married and the other applicant is not
364	364	presently married," the county clerk or certifying official shall
365	365	inquire as to whether the applicant is presently married to the
366	366	other applicant. If the applicant states that the applicant is
367	367	currently married to the other applicant, the county clerk or
368	368	certifying official shall record that statement on the license
369	369	before the administration of the oath. The county clerk or
370	370	certifying official may not refuse to issue a license on the ground
371	371	that the applicants are already married to each other.
372	372	(c) On the proper certification [execution] of the
373	373	application, the clerk or certifying official, as applicable,
374	374	shall:
375	375	(1) prepare the license;
376	376	(2) enter on the license the names of the licensees,
377	377	the date that the license is issued, and, if applicable, the name of
378	378	the person appointed to act as proxy for an absent applicant, if
379	379	any;
380	380	(3) record the time at which the license was issued;
381	381	(4) give [distribute to] each applicant [written]
382	382	notice in writing or by electronic means of the online location of
383	383	the information prepared under Section 2.010 regarding acquired
384	384	immune deficiency syndrome (AIDS) and human immunodeficiency virus
385	385	(HIV) and note on the license that the notice [distribution] was
386	386	given [made]; and
387	387	(5) inform each applicant, in person or by electronic
388	388	means:
389	389	(A) that a premarital education handbook
390	390	developed by the child support division of the office of the
391	391	attorney general under Section 2.014 is available on the child
392	392	support division's Internet website; or
393	393	(B) if the applicant does not have Internet
394	394	access, how the applicant may obtain a paper copy of the handbook
395	395	described by Paragraph (A).
396	396	(d) The county clerk or certifying official may not refuse
397	397	to issue a license to an applicant on the ground that the applicant
398	398	checked "false" in response to the statement "I am not presently
399	399	delinquent in the payment of court-ordered child support."
400	400	SECTION 12. Section 2.012, Family Code, is amended to read
401	401	as follows:
402	402	Sec. 2.012. VIOLATION OF SUBCHAPTER [BY COUNTY CLERK];
403	403	PENALTY. (a) A county clerk, [or] deputy county clerk, or
404	404	certifying official who violates or fails to comply with this
405	405	subchapter commits an offense.
406	406	(b) An offense under this section is a Class C misdemeanor
407	407	punishable by a fine of [not less than $200 and] not more than $500.
408	408	SECTION 13. Section 2.101, Family Code, is amended to read
409	409	as follows:
410	410	Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise
411	411	provided by this subchapter or on a showing that a prior marriage
412	412	has been dissolved, a county clerk or certifying official may not
413	413	issue a marriage license if either applicant is under 18 years of
414	414	age.
415	415	SECTION 14. Sections 2.102(a), (b), and (c), Family Code,
416	416	are amended to read as follows:
417	417	(a) If an applicant is 16 years of age or older but under 18
418	418	years of age, the county clerk or certifying official shall issue
419	419	the license if parental consent is given as provided by this
420	420	section.
421	421	(b) Parental consent must be evidenced by a written
422	422	declaration on a form supplied by the county clerk or certifying
423	423	official in which the person consents to the marriage and swears
424	424	that the person is a parent (if there is no person who has the
425	425	court-ordered right to consent to marriage for the applicant) or a
426	426	person who has the court-ordered right to consent to marriage for
427	427	the applicant (whether an individual, authorized agency, or court).
428	428	(c) Except as otherwise provided by this section, consent
429	429	must be acknowledged before a county clerk or certifying official.
430	430	Consent may be acknowledged telephonically or electronically if the
431	431	certifying official is not in the county in which the application is
432	432	made.
433	433	SECTION 15. Section 2.202, Family Code, is amended by
434	434	adding Subsection (e) to read as follows:
435	435	(e) A person authorized to conduct a marriage ceremony under
436	436	this section may decline to conduct a marriage ceremony and, unless
437	437	the person declines to conduct the ceremony for a reason prohibited
438	438	under Section 2.205:
439	439	(1) the person is not subject to an administrative or
440	440	civil penalty imposed by this state, an agency of this state, or a
441	441	political subdivision of this state; and
442	442	(2) a civil cause of action may not be brought against
443	443	the person based on the person's refusal to conduct the marriage
444	444	ceremony.
445	445	SECTION 16. Section 2.204(b), Family Code, is amended to
446	446	read as follows:
447	447	(b) The 72-hour waiting period after issuance of a marriage
448	448	license does not apply to an applicant who:
449	449	(1) is a member of the armed forces of the United
450	450	States and on active duty;
451	451	(2) is not a member of the armed forces of the United
452	452	States but performs work for the United States Department of
453	453	Defense as a department employee or under a contract with the
454	454	department;
455	455	(3) obtains a written waiver under Subsection (c); or
456	456	(4) completes a premarital education course described
457	457	by Section 2.013, and who provides to the county clerk or certifying
458	458	official a premarital education course completion certificate
459	459	indicating completion of the premarital education course not more
460	460	than one year before the date the marriage license application is
461	461	filed with the clerk or certifying official.
462	462	SECTION 17. Section 2.206(a), Family Code, is amended to
463	463	read as follows:
464	464	(a) The person who conducts a marriage ceremony shall record
465	465	on the license the date on which and the county in which the
466	466	ceremony is performed and the person's name, subscribe the license,
467	467	and return the license to the county clerk of the county in which
468	468	the license was [who] issued [it] not later than the 30th day after
469	469	the date the ceremony is conducted.
470	470	SECTION 18. Section 2.207(a), Family Code, is amended to
471	471	read as follows:
472	472	(a) A person who is to conduct a marriage ceremony shall
473	473	determine whether the license has expired from the date of
474	474	certification of [county clerk's endorsement on] the license.
475	475	SECTION 19. Section 2.209(b), Family Code, is amended to
476	476	read as follows:
477	477	(b) If a marriage license [issued by a county clerk] is
478	478	lost, destroyed, or rendered useless, the clerk or applicable
479	479	certifying official shall issue a duplicate license.
480	480	SECTION 20. The heading to Subchapter G, Chapter 2, Family
481	481	Code, is amended to read as follows:
482	482	SUBCHAPTER G. FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING,
483	483	LICENSING, OR PERFORMING CERTAIN MARRIAGES
484	484	SECTION 21. Subchapter G, Chapter 2, Family Code, is
485	485	amended by adding Section 2.603 to read as follows:
486	486	Sec. 2.603. REFUSAL BY COUNTY CLERK; DESIGNATION OF
487	487	CERTIFYING OFFICIAL. (a) If a county clerk has a sincerely held
488	488	religious belief that conflicts with the clerk's ability to fulfill
489	489	the clerk's duties with regard to certifying an application for a
490	490	marriage license, administering the oath for a marriage license,
491	491	and issuing the license, the clerk shall notify the commissioners
492	492	court of the county of that belief in writing.
493	493	(b) A county clerk may not be required to certify an
494	494	application for a marriage license, administer the oath, or issue
495	495	the license if the clerk has made the notification under Subsection
496	496	(a).
497	497	(c) On receipt of a notification under Subsection (a), the
498	498	commissioners court shall:
499	499	(1) ensure that a deputy clerk or other certifying
500	500	official is available in that county to certify an application for a
501	501	marriage license, administer the oath, and issue the license; or
502	502	(2) if there is an insufficient number of certifying
503	503	officials willing or available in that county, provide for one or
504	504	more certifying officials under Section 81.035, Local Government
505	505	Code.
506	506	SECTION 22. Subchapter B, Chapter 81, Local Government
507	507	Code, is amended by adding Section 81.035 to read as follows:
508	508	Sec. 81.035. CERTIFYING OFFICIAL FOR APPLICATION FOR
509	509	MARRIAGE LICENSE. On receipt of a notification under Section
510	510	2.603, Family Code, a commissioners court shall designate one or
511	511	more county employees or employ or contract with one or more
512	512	individuals to certify applications for marriage licenses,
513	513	administer oaths for a marriage license, and issue licenses as
514	514	provided by Section 2.0002, Family Code. A certifying official
515	515	designated, employed, or contracted with under this section is not
516	516	required to be an employee of the county and is not required to be
517	517	located in the county.
518	518	SECTION 23. Sections 118.018(b-1) and (c), Local Government
519	519	Code, are amended to read as follows:
520	520	(b-1) The county clerk or certifying official shall issue a
521	521	marriage license without collecting a marriage license fee from an
522	522	applicant who:
523	523	(1) completes a premarital education course described
524	524	by Section 2.013, Family Code; and
525	525	(2) provides to the county clerk or certifying
526	526	official a premarital education course completion certificate
527	527	indicating completion of the premarital education course not more
528	528	than one year before the date the marriage license application is
529	529	filed with the clerk or certifying official.
530	530	(c) A person applying for a marriage license may make a
531	531	voluntary contribution of $5 to promote healthy early childhood by
532	532	supporting the Texas Home Visiting Program administered by the
533	533	Office of Early Childhood Coordination of the Health and Human
534	534	Services Commission. A county clerk or certifying official shall
535	535	collect the additional voluntary contribution under this section.
536	536	SECTION 24. Section 118.022, Local Government Code, is
537	537	amended by adding Subsection (a-1) to read as follows:
538	538	(a-1) If a certifying official collects the fee for issuing
539	539	a marriage license, the certifying official shall remit the fee to
540	540	the county clerk of the county in which the application for a
541	541	marriage license was submitted. The county clerk shall deposit the
542	542	fee in the manner described by Subsection (a).
543	543	SECTION 25. Sections 194.0011(a), (b), and (d), Health and
544	544	Safety Code, are amended to read as follows:
545	545	(a) The executive commissioner by rule shall prescribe the
546	546	format and content of the department form used for the marriage
547	547	license application. The executive commissioner may not prescribe
548	548	a form that requires a county clerk to personally certify the
549	549	application, administer the oath for a marriage license, or issue
550	550	the marriage license. The executive commissioner may prescribe a
551	551	form that requires that a certifying official perform those
552	552	functions as provided by Section 2.0002, Family Code.
553	553	(b) The vital statistics unit shall print and distribute the
554	554	department forms to each county clerk throughout the state. On
555	555	request, the vital statistics unit shall provide the department
556	556	forms to a certifying official.
557	557	(d) A county clerk or certifying official may reproduce the
558	558	department form locally.
559	559	SECTION 26. This Act takes effect September 1, 2017.