85R19290 JSC-D
By: Springer, Frank, King of Hemphill, H.B. No. 555
Phillips, VanDeaver
A BILL TO BE ENTITLED
AN ACT
relating to an additional fee for issuing a marriage license to
applicants who are not residents of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 118.011(b), Local Government Code, as
effective until September 1, 2019, is amended to read as follows:
(b) The county clerk may set and collect the following fee
from any person:
(1) Returned Check (Sec. 118.0215) . . . . . . not
less than $15 or more than $30
(2) Records Management and Preservation Fee
(Sec. 118.0216) . . . . . . . . . . . . . . . . . . . not more
than $10
(3) Mental Health Background Check for License to
Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
(4) Marriage License for Out-of-State Applicants
(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100
SECTION 2. Section 118.011(b), Local Government Code, as
effective September 1, 2019, is amended to read as follows:
(b) The county clerk may set and collect the following fee
from any person:
(1) Returned Check (Sec. 118.0215) . . . . . . not
less than $15 or more than $30
(2) Records Management and Preservation Fee (Sec.
118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
than $5
(3) Mental Health Background Check for License to
Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
(4) Marriage License for Out-of-State Applicants
(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
SECTION 3. Section 118.018, Local Government Code, is
amended by amending Subsection (b-1) and adding Subsection (d) to
read as follows:
(b-1) The county clerk shall issue a marriage license
without collecting a 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 marriage license application is filed with the clerk; and
(3) provides proof satisfactory to the county clerk
that the applicant is a resident of this state.
(d) If neither applicant for a marriage license provides
proof satisfactory to the county clerk that the applicant is a
resident of this state, the county clerk may collect an additional
fee of $100 for issuing the marriage license.
SECTION 4. The change in law made by this Act applies only
to a marriage license issued on or after January 1, 2018. A
marriage license issued before January 1, 2018, is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.