Texas 2017 - 85th Regular

Texas Senate Bill SB522 Compare Versions

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1	1	By: Birdwell, et al. S.B. No. 522
2	2	(Flynn, Burkett)
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, in person or by telephone or electronic means, and, in any
56	56	order, shall:[;]
57	57	(1) [(2)] submit the person's proof of identity and
58	58	age as provided by Section 2.005(b);
59	59	(2) [(3)] provide the information applicable to that
60	60	person for which spaces are provided in the application for a
61	61	marriage license;
62	62	(3) [(4)] mark the appropriate boxes provided in the
63	63	application; [and]
64	64	(4) [(5)] take the oath printed on the application
65	65	administered by the county clerk or certifying official; and
66	66	(5) sign the application [before the county clerk].
67	67	SECTION 4. Section 2.003, Family Code, is amended to read as
68	68	follows:
69	69	Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition
70	70	to the other requirements provided by this chapter, a person under
71	71	18 years of age applying for a license must provide to the county
72	72	clerk or certifying official:
73	73	(1) documents establishing, as provided by Section
74	74	2.102, parental consent for the person to the marriage;
75	75	(2) documents establishing that a prior marriage of
76	76	the person has been dissolved; or
77	77	(3) a court order granted under Section 2.103
78	78	authorizing the marriage of the person.
79	79	SECTION 5. Sections 2.004(a) and (b), Family Code, are
80	80	amended to read as follows:
81	81	(a) The county clerk or certifying official shall furnish
82	82	the application form as prescribed by the bureau of vital
83	83	statistics.
84	84	(b) The application form must contain:
85	85	(1) a heading entitled "Application for Marriage
86	86	License, ____________ County, Texas";
87	87	(2) spaces for each applicant's full name, including
88	88	the woman's maiden surname, address, social security number, if
89	89	any, date of birth, and place of birth, including city, county, and
90	90	state;
91	91	(3) a space for indicating the document tendered by
92	92	each applicant as proof of identity and age;
93	93	(4) spaces for indicating whether each applicant has
94	94	been divorced within the last 30 days;
95	95	(5) printed boxes for each applicant to check "true"
96	96	or "false" in response to the following statement: "I am not
97	97	presently married and the other applicant is not presently
98	98	married.";
99	99	(6) printed boxes for each applicant to check "true"
100	100	or "false" in response to the following statement: "The other
101	101	applicant is not related to me as:
102	102	(A) an ancestor or descendant, by blood or
103	103	adoption;
104	104	(B) a brother or sister, of the whole or half
105	105	blood or by adoption;
106	106	(C) a parent's brother or sister, of the whole or
107	107	half blood or by adoption;
108	108	(D) a son or daughter of a brother or sister, of
109	109	the whole or half blood or by adoption;
110	110	(E) a current or former stepchild or stepparent;
111	111	or
112	112	(F) a son or daughter of a parent's brother or
113	113	sister, of the whole or half blood or by adoption.";
114	114	(7) printed boxes for each applicant to check "true"
115	115	or "false" in response to the following statement: "I am not
116	116	presently delinquent in the payment of court-ordered child
117	117	support.";
118	118	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
119	119	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
120	120	CORRECT.";
121	121	(9) spaces immediately below the printed oath for the
122	122	applicants' signatures;
123	123	(10) a certificate of the county clerk or certifying
124	124	official that:
125	125	(A) each applicant made the oath and the date and
126	126	place that the oath [it] was made; or
127	127	(B) an applicant did not appear personally but
128	128	the prerequisites for the license have been fulfilled as provided
129	129	by this chapter;
130	130	(11) spaces for indicating the date of the marriage
131	131	and the county in which the marriage is performed;
132	132	(12) a space for the address to which the applicants
133	133	desire the completed license to be mailed; and
134	134	(13) a printed box for each applicant to check
135	135	indicating that the applicant wishes to make a voluntary
136	136	contribution of $5 to promote healthy early childhood by supporting
137	137	the Texas Home Visiting Program administered by the Office of Early
138	138	Childhood Coordination of the Health and Human Services Commission.
139	139	SECTION 6. Sections 2.005(a) and (b), Family Code, are
140	140	amended to read as follows:
141	141	(a) The county clerk or certifying official shall require
142	142	proof of the identity and age of each applicant.
143	143	(b) The proof must be established by:
144	144	(1) a driver's license or identification card issued
145	145	by this state, another state, or a Canadian province that is current
146	146	or has expired not more than two years preceding the date the
147	147	identification is submitted to the county clerk or certifying
148	148	official in connection with an application for a license;
149	149	(2) a United States passport;
150	150	(3) a current passport issued by a foreign country or a
151	151	consular document issued by a state or national government;
152	152	(4) an unexpired Certificate of United States
153	153	Citizenship, Certificate of Naturalization, United States Citizen
154	154	Identification Card, Permanent Resident Card, Temporary Resident
155	155	Card, Employment Authorization Card, or other document issued by
156	156	the federal Department of Homeland Security or the United States
157	157	Department of State including an identification photograph;
158	158	(5) an unexpired military identification card for
159	159	active duty, reserve, or retired personnel with an identification
160	160	photograph;
161	161	(6) an original or certified copy of a birth
162	162	certificate issued by a bureau of vital statistics for a state or a
163	163	foreign government;
164	164	(7) an original or certified copy of a Consular Report
165	165	of Birth Abroad or Certificate of Birth Abroad issued by the United
166	166	States Department of State;
167	167	(8) an original or certified copy of a court order
168	168	relating to the applicant's name change or sex change;
169	169	(9) school records from a secondary school or
170	170	institution of higher education;
171	171	(10) an insurance policy continuously valid for the
172	172	two years preceding the date of the application for a license;
173	173	(11) a motor vehicle certificate of title;
174	174	(12) military records, including documentation of
175	175	release or discharge from active duty or a draft record;
176	176	(13) an unexpired military dependent identification
177	177	card;
178	178	(14) an original or certified copy of the applicant's
179	179	marriage license or divorce decree;
180	180	(15) a voter registration certificate;
181	181	(16) a pilot's license issued by the Federal Aviation
182	182	Administration or another authorized agency of the United States;
183	183	(17) a license to carry a handgun under Subchapter H,
184	184	Chapter 411, Government Code;
185	185	(18) a temporary driving permit or a temporary
186	186	identification card issued by the Department of Public Safety; or
187	187	(19) an offender identification card issued by the
188	188	Texas Department of Criminal Justice.
189	189	SECTION 7. Section 2.006, Family Code, is amended to read as
190	190	follows:
191	191	Sec. 2.006. ABSENT APPLICANT. (a) If an applicant is
192	192	unable to appear personally before the county clerk or to appear
193	193	personally or by telephone or electronic means before the
194	194	certifying official to apply for a marriage license, any adult
195	195	person or the other applicant may apply on behalf of the absent
196	196	applicant.
197	197	(b) The person applying on behalf of an absent applicant
198	198	shall provide to the clerk or certifying official:
199	199	(1) notwithstanding Section 132.001, Civil Practice
200	200	and Remedies Code, the notarized affidavit of the absent applicant
201	201	as provided by this subchapter;
202	202	(2) proof of the identity and age of the absent
203	203	applicant under Section 2.005(b); and
204	204	(3) if required because the absent applicant is a
205	205	person under 18 years of age, documents establishing that a prior
206	206	marriage has been dissolved, a court order authorizing the marriage
207	207	of the absent, underage applicant, or documents establishing
208	208	consent by a parent or a person who has legal authority to consent
209	209	to the marriage, including:
210	210	(A) proof of identity of the parent or person
211	211	with legal authority to consent to the marriage under Section
212	212	2.005(b); and
213	213	(B) proof that the parent or person has the legal
214	214	authority to consent to the marriage for the applicant under rules
215	215	adopted under Section 2.102(j).
216	216	(c) Notwithstanding Subsection (a), the clerk or certifying
217	217	official may not issue a marriage license for which both applicants
218	218	are absent unless the person applying on behalf of each absent
219	219	applicant provides to the clerk or certifying official an affidavit
220	220	of the applicant declaring that the applicant is a member of the
221	221	armed forces of the United States stationed in another country in
222	222	support of combat or another military operation.
223	223	SECTION 8. Section 2.007, Family Code, is amended to read as
224	224	follows:
225	225	Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of
226	226	an absent applicant must include:
227	227	(1) the absent applicant's full name, including the
228	228	maiden surname of a female applicant, address, date of birth, place
229	229	of birth, including city, county, and state, citizenship, and
230	230	social security number, if any;
231	231	(2) a declaration that the absent applicant has not
232	232	been divorced within the last 30 days;
233	233	(3) a declaration that the absent applicant is:
234	234	(A) not presently married; or
235	235	(B) married to the other applicant and they wish
236	236	to marry again;
237	237	(4) a declaration that the other applicant is not
238	238	presently married and is not related to the absent applicant as:
239	239	(A) an ancestor or descendant, by blood or
240	240	adoption;
241	241	(B) a brother or sister, of the whole or half
242	242	blood or by adoption;
243	243	(C) a parent's brother or sister, of the whole or
244	244	half blood or by adoption;
245	245	(D) a son or daughter of a brother or sister, of
246	246	the whole or half blood or by adoption;
247	247	(E) a current or former stepchild or stepparent;
248	248	or
249	249	(F) a son or daughter of a parent's brother or
250	250	sister, of the whole or half blood or by adoption;
251	251	(5) a declaration that the absent applicant desires to
252	252	marry and the name, age, and address of the person to whom the
253	253	absent applicant desires to be married;
254	254	(6) the approximate date on which the marriage is to
255	255	occur;
256	256	(7) the reason the absent applicant is unable to
257	257	appear personally before the county clerk or to appear personally
258	258	or by telephone or electronic means before the certifying official
259	259	for the issuance of the license; and
260	260	(8) the appointment of any adult, other than the other
261	261	applicant, to act as proxy for the purpose of participating in the
262	262	ceremony, if the absent applicant is:
263	263	(A) a member of the armed forces of the United
264	264	States stationed in another country in support of combat or another
265	265	military operation; and
266	266	(B) unable to attend the ceremony.
267	267	SECTION 9. Section 2.0071, Family Code, is amended to read
268	268	as follows:
269	269	Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO
270	270	LICENSE FOR ABSENT APPLICANT. If a [A] county clerk or certifying
271	271	official [who] issues a marriage license for an absent applicant,
272	272	the clerk shall maintain the affidavit of the absent applicant and
273	273	the application for the marriage license in the same manner that the
274	274	clerk maintains an application for a marriage license submitted by
275	275	two applicants in person.
276	276	SECTION 10. Section 2.008, Family Code, is amended to read
277	277	as follows:
278	278	Sec. 2.008. CERTIFICATION [EXECUTION] OF APPLICATION [BY
279	279	CLERK]. (a) The county clerk or certifying official shall:
280	280	(1) determine that all necessary information, other
281	281	than the date of the marriage ceremony, the county in which the
282	282	ceremony is conducted, and the name of the person who performs the
283	283	ceremony, is recorded on the application and that all necessary
284	284	documents are submitted;
285	285	(2) administer the oath to each applicant appearing
286	286	personally before the clerk or appearing personally or by telephone
287	287	or electronic means before the certifying official; and
288	288	(3) ensure that [have] each applicant appearing
289	289	personally before the clerk or appearing personally or by telephone
290	290	or electronic means before the certifying official has signed
291	291	[sign] the application.
292	292	(a-1) If the county clerk certifies the application, the
293	293	clerk shall [in the clerk's presence; and
294	294	[(4)] execute the clerk's certificate on the
295	295	application. If a certifying official certifies the application,
296	296	the certifying official shall:
297	297	(1) include on the application:
298	298	(A) the county to which the marriage license is
299	299	to be returned; and
300	300	(B) the name, job title, and signature of the
301	301	certifying official; and
302	302	(2) return the certified application and any
303	303	supporting documentation by facsimile or electronic or other means
304	304	to the county clerk.
305	305	(a-2) If the county clerk has given notice under Section
306	306	2.603 that the clerk is unwilling to certify the application,
307	307	administer the oath, and issue the license, and the deputy clerk is
308	308	not performing those functions in that county, the clerk shall
309	309	provide the applicants with notice of any certifying officials
310	310	serving in that county. If no certifying official is located in the
311	311	county, the county clerk shall provide the applicants with contact
312	312	information for a certifying official designated under Section
313	313	81.035, Local Government Code.
314	314	(a-3) In the event an applicant is referred to a certifying
315	315	official located outside the county under Subsection (a-2), the
316	316	applicant may submit the completed application and all supporting
317	317	documentation to the applicable certifying official via facsimile
318	318	or electronic or other means. A certifying official described by
319	319	this subsection shall:
320	320	(1) determine that all necessary information, other
321	321	than the date of the marriage ceremony, the county in which the
322	322	ceremony is conducted, and the name of the person who performs the
323	323	ceremony, is recorded on the application and that all necessary
324	324	documents are submitted;
325	325	(2) administer the oath to each applicant, which may
326	326	be accomplished telephonically or electronically;
327	327	(3) ensure that each applicant appearing by telephone
328	328	or electronic means before the certifying official has signed the
329	329	application;
330	330	(4) certify the application and include on the
331	331	application:
332	332	(A) the county to which the marriage license is
333	333	to be returned; and
334	334	(B) the name, job title, signature, and location
335	335	of the certifying official; and
336	336	(5) return the certified application and any
337	337	supporting documentation by facsimile or electronic or other means
338	338	to the appropriate county clerk.
339	339	(b) A person appearing before the clerk or certifying
340	340	official on behalf of an absent applicant is not required to take
341	341	the oath on behalf of the absent applicant.
342	342	SECTION 11. Section 2.009, Family Code, is amended to read
343	343	as follows:
344	344	Sec. 2.009. ISSUANCE OF LICENSE. (a) Except as provided
345	345	by Subsections (b) and (d), the county clerk or certifying official
346	346	may not issue a license if either applicant:
347	347	(1) fails to provide the information required by this
348	348	subchapter;
349	349	(2) fails to submit proof of age and identity;
350	350	(3) is under 16 years of age and has not been granted a
351	351	court order as provided by Section 2.103;
352	352	(4) is 16 years of age or older but under 18 years of
353	353	age and has not presented at least one of the following:
354	354	(A) parental consent as provided by Section
355	355	2.102;
356	356	(B) documents establishing that a prior marriage
357	357	of the applicant has been dissolved; or
358	358	(C) a court order as provided by Section 2.103;
359	359	(5) checks "false" in response to a statement in the
360	360	application, except as provided by Subsection (b) or (d), or fails
361	361	to make a required declaration in an affidavit required of an absent
362	362	applicant; or
363	363	(6) indicates that the applicant has been divorced
364	364	within the last 30 days, unless:
365	365	(A) the applicants were divorced from each other;
366	366	or
367	367	(B) the prohibition against remarriage is waived
368	368	as provided by Section 6.802.
369	369	(b) If an applicant checks "false" in response to the
370	370	statement "I am not presently married and the other applicant is not
371	371	presently married," the county clerk or certifying official shall
372	372	inquire as to whether the applicant is presently married to the
373	373	other applicant. If the applicant states that the applicant is
374	374	currently married to the other applicant, the county clerk or
375	375	certifying official shall record that statement on the license
376	376	[before the administration of the oath]. The county clerk or
377	377	certifying official may not refuse to issue a license on the ground
378	378	that the applicants are already married to each other.
379	379	(c) On the proper certification [execution] of the
380	380	application, the clerk or certifying official, as applicable,
381	381	shall:
382	382	(1) prepare the license;
383	383	(2) enter on the license the names of the licensees,
384	384	the date that the license is issued, and, if applicable, the name of
385	385	the person appointed to act as proxy for an absent applicant, if
386	386	any;
387	387	(3) record the time at which the license was issued;
388	388	(4) give [distribute to] each applicant [written]
389	389	notice in writing or by facsimile or electronic or other means of
390	390	the online location of the information prepared under Section 2.010
391	391	regarding acquired immune deficiency syndrome (AIDS) and human
392	392	immunodeficiency virus (HIV) and note on the license that the
393	393	notice [distribution] was given [made]; and
394	394	(5) inform each applicant, in person or by telephone
395	395	or electronic means:
396	396	(A) that a premarital education handbook
397	397	developed by the child support division of the office of the
398	398	attorney general under Section 2.014 is available on the child
399	399	support division's Internet website; or
400	400	(B) if the applicant does not have Internet
401	401	access, how the applicant may obtain a paper copy of the handbook
402	402	described by Paragraph (A).
403	403	(d) The county clerk or certifying official may not refuse
404	404	to issue a license to an applicant on the ground that the applicant
405	405	checked "false" in response to the statement "I am not presently
406	406	delinquent in the payment of court-ordered child support."
407	407	SECTION 12. Section 2.012, Family Code, is amended to read
408	408	as follows:
409	409	Sec. 2.012. VIOLATION OF SUBCHAPTER [BY COUNTY CLERK];
410	410	PENALTY. (a) A county clerk, [or] deputy county clerk, or
411	411	certifying official who violates or fails to comply with this
412	412	subchapter commits an offense.
413	413	(b) An offense under this section is a Class C misdemeanor
414	414	punishable by a fine of [not less than $200 and] not more than $500.
415	415	SECTION 13. Section 2.101, Family Code, is amended to read
416	416	as follows:
417	417	Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise
418	418	provided by this subchapter or on a showing that a prior marriage
419	419	has been dissolved, a county clerk or certifying official may not
420	420	issue a marriage license if either applicant is under 18 years of
421	421	age.
422	422	SECTION 14. Sections 2.102(a), (b), and (c), Family Code,
423	423	are amended to read as follows:
424	424	(a) If an applicant is 16 years of age or older but under 18
425	425	years of age, the county clerk or certifying official shall issue
426	426	the license if parental consent is given as provided by this
427	427	section.
428	428	(b) Parental consent must be evidenced by a written
429	429	declaration on a form supplied by the county clerk or certifying
430	430	official in which the person consents to the marriage and swears
431	431	that the person is a parent (if there is no person who has the
432	432	court-ordered right to consent to marriage for the applicant) or a
433	433	person who has the court-ordered right to consent to marriage for
434	434	the applicant (whether an individual, authorized agency, or court).
435	435	(c) Except as otherwise provided by this section, consent
436	436	must be acknowledged before a county clerk or certifying official.
437	437	Consent may be acknowledged by telephone or electronic means if the
438	438	certifying official is not in the same county as the applicant.
439	439	SECTION 15. Section 2.202, Family Code, is amended by
440	440	adding Subsection (e) to read as follows:
441	441	(e) A person authorized to conduct a marriage ceremony under
442	442	this section may decline to conduct a marriage ceremony and, unless
443	443	the person declines to conduct the ceremony for a reason prohibited
444	444	under Section 2.205:
445	445	(1) the person is not subject to an administrative or
446	446	civil penalty imposed by this state, an agency of this state, or a
447	447	political subdivision of this state; and
448	448	(2) a civil cause of action may not be brought against
449	449	the person based on the person's refusal to conduct the marriage
450	450	ceremony.
451	451	SECTION 16. Section 2.204(b), Family Code, is amended to
452	452	read as follows:
453	453	(b) The 72-hour waiting period after issuance of a marriage
454	454	license does not apply to an applicant who:
455	455	(1) is a member of the armed forces of the United
456	456	States and on active duty;
457	457	(2) is not a member of the armed forces of the United
458	458	States but performs work for the United States Department of
459	459	Defense as a department employee or under a contract with the
460	460	department;
461	461	(3) obtains a written waiver under Subsection (c); or
462	462	(4) completes a premarital education course described
463	463	by Section 2.013, and who provides to the county clerk or certifying
464	464	official a premarital education course completion certificate
465	465	indicating completion of the premarital education course not more
466	466	than one year before the date the marriage license application is
467	467	filed with the clerk or certifying official.
468	468	SECTION 17. Section 2.206(a), Family Code, is amended to
469	469	read as follows:
470	470	(a) The person who conducts a marriage ceremony shall record
471	471	on the license the date on which and the county in which the
472	472	ceremony is performed and the person's name, subscribe the license,
473	473	and return the license to the county clerk of the county that is
474	474	designated on the license [who issued it] not later than the 30th
475	475	day after the date the ceremony is conducted.
476	476	SECTION 18. Section 2.207(a), Family Code, is amended to
477	477	read as follows:
478	478	(a) A person who is to conduct a marriage ceremony shall
479	479	determine whether the license has expired from the date of
480	480	certification of [county clerk's endorsement on] the license.
481	481	SECTION 19. Section 2.209(b), Family Code, is amended to
482	482	read as follows:
483	483	(b) If a marriage license [issued by a county clerk] is
484	484	lost, destroyed, or rendered useless, the clerk or applicable
485	485	certifying official shall issue a duplicate license.
486	486	SECTION 20. The heading to Subchapter G, Chapter 2, Family
487	487	Code, is amended to read as follows:
488	488	SUBCHAPTER G. FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING,
489	489	LICENSING, OR PERFORMING CERTAIN MARRIAGES
490	490	SECTION 21. Subchapter G, Chapter 2, Family Code, is
491	491	amended by adding Section 2.603 to read as follows:
492	492	Sec. 2.603. REFUSAL BY COUNTY CLERK; DESIGNATION OF
493	493	CERTIFYING OFFICIAL. (a) If a county clerk has a sincerely held
494	494	religious belief that conflicts with the clerk's ability to fulfill
495	495	the clerk's duties with regard to certifying an application for a
496	496	marriage license, administering the oath for a marriage license,
497	497	and issuing the license, the clerk shall notify the commissioners
498	498	court of the county of that belief in writing.
499	499	(b) A county clerk may not be required to certify an
500	500	application for a marriage license, administer the oath, or issue
501	501	the license if the clerk has made the notification under Subsection
502	502	(a).
503	503	(c) On receipt of a notification under Subsection (a), the
504	504	commissioners court shall:
505	505	(1) ensure that a deputy clerk or other certifying
506	506	official is available in that county to certify an application for a
507	507	marriage license, administer the oath, and issue the license; or
508	508	(2) if there is an insufficient number of certifying
509	509	officials willing or available in that county, provide for one or
510	510	more certifying officials under Section 81.035, Local Government
511	511	Code.
512	512	(d) A commissioners court of a county in which the clerk has
513	513	made a notification under Subsection (a) shall ensure that all
514	514	eligible persons applying for a marriage license are given equal
515	515	access to the process and are not subject to undue burden due to the
516	516	county clerk's refusal to certify the application for a marriage
517	517	license, administer the oath, and issue the license.
518	518	SECTION 22. Subchapter B, Chapter 81, Local Government
519	519	Code, is amended by adding Section 81.035 to read as follows:
520	520	Sec. 81.035. CERTIFYING OFFICIAL FOR APPLICATION FOR
521	521	MARRIAGE LICENSE. On receipt of a notification under Section
522	522	2.603, Family Code, a commissioners court shall designate one or
523	523	more county employees or employ or contract with one or more
524	524	individuals to certify applications for marriage licenses,
525	525	administer oaths for a marriage license, and issue licenses as
526	526	provided by Section 2.0002, Family Code. A certifying official
527	527	designated, employed, or contracted with under this section is not
528	528	required to be an employee of the county and is not required to be
529	529	located in the county.
530	530	SECTION 23. Sections 118.018(b-1) and (c), Local Government
531	531	Code, are amended to read as follows:
532	532	(b-1) The county clerk or certifying official shall issue a
533	533	marriage license without collecting a marriage license fee from an
534	534	applicant who:
535	535	(1) completes a premarital education course described
536	536	by Section 2.013, Family Code; and
537	537	(2) provides to the county clerk or certifying
538	538	official a premarital education course completion certificate
539	539	indicating completion of the premarital education course not more
540	540	than one year before the date the marriage license application is
541	541	filed with the clerk or certifying official.
542	542	(c) A person applying for a marriage license may make a
543	543	voluntary contribution of $5 to promote healthy early childhood by
544	544	supporting the Texas Home Visiting Program administered by the
545	545	Office of Early Childhood Coordination of the Health and Human
546	546	Services Commission. A county clerk or certifying official shall
547	547	collect the additional voluntary contribution under this section.
548	548	SECTION 24. Section 118.022, Local Government Code, is
549	549	amended by adding Subsection (a-1) to read as follows:
550	550	(a-1) If a certifying official collects the fee for issuing
551	551	a marriage license, the certifying official shall remit the fee to
552	552	the county clerk of the county to which the marriage license was
553	553	returned. The county clerk shall deposit the fee in the manner
554	554	described by Subsection (a).
555	555	SECTION 25. Sections 194.0011(a), (b), and (d), Health and
556	556	Safety Code, are amended to read as follows:
557	557	(a) The executive commissioner by rule shall prescribe the
558	558	format and content of the department form used for the marriage
559	559	license application. The executive commissioner may not prescribe
560	560	a form that requires a county clerk to personally certify the
561	561	application, administer the oath for a marriage license, or issue
562	562	the marriage license. The executive commissioner may prescribe a
563	563	form that requires that a certifying official perform those
564	564	functions as provided by Section 2.0002, Family Code.
565	565	(b) The vital statistics unit shall print and distribute the
566	566	department forms to each county clerk throughout the state. On
567	567	request, the vital statistics unit shall provide the department
568	568	forms to a certifying official.
569	569	(d) A county clerk or certifying official may reproduce the
570	570	department form locally.
571	571	SECTION 26. This Act takes effect September 1, 2017.