Texas 2025 - 89th Regular

Texas House Bill HB931 Compare Versions

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

Old	New	Differences
1	1	89R3125 MLH-D
2	2	By: Vasut H.B. No. 931
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation and dissolution of a covenant marriage.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 2, Family Code, is amended
12	12	by adding Section 2.0041 to read as follows:
13	13	Sec. 2.0041. AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT
14	14	MARRIAGE. (a) The applicants for a marriage license may enter into
15	15	a covenant marriage by submitting with the application for the
16	16	license a signed and notarized affidavit of intent to enter into a
17	17	covenant marriage.
18	18	(b) The affidavit of intent to enter into a covenant
19	19	marriage must contain the following statement:
20	20	"We do solemnly declare that marriage is a covenant between
21	21	two people who agree to live together as spouses for so long as they
22	22	both may live. We understand the nature, purpose, and
23	23	responsibilities of marriage and have received counseling on the
24	24	obligations of a covenant marriage. We understand that a covenant
25	25	marriage is for life. We understand that we can get divorced or
26	26	separated. If we experience marital difficulties, we commit
27	27	ourselves to take all reasonable efforts to preserve our marriage,
28	28	including marital counseling.
29	29	With full knowledge of what this commitment means, we declare
30	30	our intent to enter into a covenant marriage that will be bound by
31	31	Texas law on covenant marriage and we promise to love, honor, and
32	32	care for one another for the rest of our lives."
33	33	SECTION 2. Section 2.009(e), Family Code, is amended to
34	34	read as follows:
35	35	(e) A license issued by a county clerk under this section:
36	36	(1) must:
37	37	(A) identify the county in which the license is
38	38	issued; and
39	39	(B) indicate whether the license is for a
40	40	covenant marriage; and
41	41	(2) may include the name of the county clerk.
42	42	SECTION 3. Chapter 2, Family Code, is amended by adding
43	43	Subchapter H to read as follows:
44	44	SUBCHAPTER H. COVENANT MARRIAGE
45	45	Sec. 2.651. DESIGNATING EXISTING MARRIAGE AS COVENANT
46	46	MARRIAGE. (a) A married couple may designate their marriage as a
47	47	covenant marriage by filing with the county clerk:
48	48	(1) a signed and notarized affidavit of intent to
49	49	designate a marriage as a covenant marriage; and
50	50	(2) a copy of the couple's marriage license.
51	51	(b) The affidavit of intent to designate a marriage as a
52	52	covenant marriage must contain the following statement:
53	53	"We do solemnly declare that marriage is a covenant between
54	54	two people who agree to live together as spouses for so long as they
55	55	both may live. We understand the nature, purpose, and
56	56	responsibilities of marriage and have received counseling on the
57	57	obligations of a covenant marriage. We understand that a covenant
58	58	marriage is for life. We understand that we can get divorced or
59	59	separated. If we experience marital difficulties, we commit
60	60	ourselves to take all reasonable efforts to preserve our marriage,
61	61	including marital counseling.
62	62	With full knowledge of what this commitment means, we declare
63	63	that our marriage will be bound by Texas law on covenant marriage
64	64	and we renew our promise to love, honor, and care for one another
65	65	for the rest of our lives."
66	66	(c) On receipt of the affidavit and marriage license under
67	67	Subsection (a), the county clerk shall:
68	68	(1) designate on the marriage license that the
69	69	marriage is a covenant marriage; and
70	70	(2) attach a copy of the affidavit to the marriage
71	71	license.
72	72	(d) A marriage becomes a covenant marriage when a couple
73	73	files the affidavit of intent to designate a marriage as a covenant
74	74	marriage with the county clerk.
75	75	Sec. 2.652. COUNSELING REQUIREMENT. (a) A couple may not
76	76	enter into a covenant marriage or designate a marriage as a covenant
77	77	marriage unless the couple, at least seven days before the date the
78	78	marriage is solemnized or designated, completes at least five hours
79	79	of premarital counseling from a clergy member or a person legally
80	80	authorized to engage in marriage counseling.
81	81	(b) The clergy member or counselor must use a faith-based or
82	82	science-based counseling program.
83	83	(c) The clergy member or counselor shall:
84	84	(1) ensure that the couple discusses important
85	85	personal issues, including financial issues and conflict
86	86	resolution;
87	87	(2) discuss the seriousness of a covenant marriage;
88	88	(3) inform the couple that a covenant marriage is a
89	89	commitment for life; and
90	90	(4) inform the couple of the obligation to seek
91	91	marital counseling in times of marital difficulties.
92	92	(d) The clergy member or counselor may discuss any other
93	93	topic the clergy member or counselor considers important to the
94	94	couple's understanding of the marital commitment.
95	95	Sec. 2.653. MATERIAL FOR COUNTY CLERK. The attorney
96	96	general shall develop material to educate county clerks in affected
97	97	counties about the requirements for issuing a covenant marriage
98	98	license and the differences between a covenant marriage and a
99	99	noncovenant marriage.
100	100	SECTION 4. Chapter 6, Family Code, is amended by adding
101	101	Subchapter J to read as follows:
102	102	SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE
103	103	Sec. 6.851. DISSOLUTION OF COVENANT MARRIAGE. (a) The
104	104	court may grant a divorce on the ground of insupportability under
105	105	Section 6.001 to a couple who has entered into a covenant marriage
106	106	only if the parties to the marriage:
107	107	(1) agree to the granting of a divorce under that
108	108	section; and
109	109	(2) have completed the counseling required by Section
110	110	6.852.
111	111	(b) The procedures in this chapter for a suit for
112	112	dissolution of a marriage apply to a suit for dissolution of a
113	113	covenant marriage.
114	114	Sec. 6.852. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)
115	115	The parties to a covenant marriage may obtain a divorce on the
116	116	ground of insupportability under Section 6.001 only if the parties
117	117	have received at least five hours of counseling from a clergy member
118	118	or a licensed marriage and family therapist or other licensed
119	119	mental health professional described by Subsection (b) in an
120	120	attempt to reconcile the marriage. The couple may participate in
121	121	the counseling as long as both parties wish to continue
122	122	participation.
123	123	(b) A licensed mental health professional may perform the
124	124	counseling required by this section if the license holder has
125	125	completed at least six hours of continuing education in subjects
126	126	related to counseling married couples during each licensing period.
127	127	SECTION 5. Subchapter B, Chapter 8, Family Code, is amended
128	128	by adding Section 8.0511 to read as follows:
129	129	Sec. 8.0511. MAINTENANCE IN PROCEEDINGS INVOLVING COVENANT
130	130	MARRIAGE. The court may order maintenance in accordance with this
131	131	chapter in proceedings for the dissolution of a covenant marriage.
132	132	Notwithstanding any other provision of this chapter, the court may
133	133	also order maintenance in accordance with this chapter in
134	134	proceedings for legal separation of a covenant marriage.
135	135	SECTION 6. Section 194.001, Health and Safety Code, is
136	136	amended by amending Subsection (a) and adding Subsection (c) to
137	137	read as follows:
138	138	(a) The county clerk shall file with the vital statistics
139	139	unit a copy of each completed marriage license application and a
140	140	copy of any affidavit of an absent applicant or affidavit of intent
141	141	to enter into a covenant marriage submitted with an application.
142	142	The clerk shall file the copies not later than the 90th day after
143	143	the date of the application. The clerk may not collect a fee for
144	144	filing the copies.
145	145	(c) The county clerk shall file with the vital statistics
146	146	unit a copy of each affidavit of intent to designate a marriage as a
147	147	covenant marriage executed under Section 2.651, Family Code. The
148	148	clerk shall file the copy not later than the 90th day after the date
149	149	on which the affidavit is executed.
150	150	SECTION 7. Section 194.0011, Health and Safety Code, is
151	151	amended to read as follows:
152	152	Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS. (a) The
153	153	executive commissioner by rule shall prescribe the format and
154	154	content of the:
155	155	(1) department form used for the marriage license
156	156	application;
157	157	(2) affidavit of intent to enter into a covenant
158	158	marriage; and
159	159	(3) affidavit of intent to designate a marriage as a
160	160	covenant marriage.
161	161	(a-1) The department form used for the marriage license
162	162	application must:
163	163	(1) require identification of the county in which the
164	164	application is submitted; and
165	165	(2) allow, but may not require, the name of the county
166	166	clerk to appear on the application.
167	167	(b) The vital statistics unit shall print and distribute the
168	168	department marriage license application form and the prescribed
169	169	affidavits of intent to enter into a covenant marriage or designate
170	170	a marriage as a covenant marriage [forms] to each county clerk
171	171	throughout the state.
172	172	(c) The department form and prescribed affidavits shall
173	173	replace locally adopted forms and affidavits.
174	174	(d) A county clerk may reproduce the department form and
175	175	prescribed affidavits locally.
176	176	SECTION 8. Section 118.011, Local Government Code, is
177	177	amended by amending Subsection (a) and adding Subsection (h) to
178	178	read as follows:
179	179	(a) A county clerk shall collect the following fees for
180	180	services rendered to any person:
181	181	(1) Personal Property Records Filing (Sec. 118.012):
182	182	(A) for the first page . . . . . . $ 5.00;
183	183	(B) for each additional page or part of a page on
184	184	which there are visible marks of any kind . . . . . . $ 4.00;
185	185	(2) Real Property Records Filing (Sec. 118.013):
186	186	(A) for the first page . . . . . . $ 5.00;
187	187	(B) for each additional page or part of a page on
188	188	which there are visible marks of any kind . . . . . . $ 4.00;
189	189	(C) for all or part of each 8-1/2" X
190	190	14" attachment or rider . . . . . . $ 4.00;
191	191	(D) for each name in excess of five names that has
192	192	to be indexed in all records in which the document must be indexed
193	193	. . . . . . $ 0.25;
194	194	(3) Certified Papers (Sec. 118.014):
195	195	(A) for the clerk's certificate . . . . . .
196	196	$5.00;
197	197	(B) printed on paper, plus a fee for each page or
198	198	part of a page . . . . . . $ 1.00;
199	199	(C) that is a paper document converted to
200	200	electronic format, for each page or part of a page . . . . . . $1;
201	201	(D) that is an electronic copy of an electronic
202	202	document:
203	203	(i) for each document up to 10 pages in
204	204	length . . . . . . $1;
205	205	(ii) for each page or part of a page of a
206	206	document over 10 pages . . . . . . $0.10;
207	207	(4) Noncertified Papers (Sec. 118.0145):
208	208	(A) printed on paper, for each page or part of a
209	209	page . . . . . . $ 1.00;
210	210	(B) that is a paper document converted to
211	211	electronic format, for each page or part of a page . . . . . . $1;
212	212	(C) that is an electronic copy of an electronic
213	213	document:
214	214	(i) for each document up to 10 pages in
215	215	length . . . . . . $1;
216	216	(ii) for each page or part of a page of a
217	217	document over 10 pages . . . . . . $0.10;
218	218	(5) Birth or Death Certificate (Sec. 118.015)
219	219	. . . . . . same as state registrar;
220	220	(6) Bond Approval (Sec. 118.016) . . . . . . $ 3.00;
221	221	(7) Noncovenant Marriage License (Sec. 118.018)
222	222	. . . . . . $60.00;
223	223	(8) Declaration of Informal Marriage (Sec. 118.019)
224	224	. . . . . . $25.00;
225	225	(9) Brand Registration (Sec. 118.020) . . . . . .
226	226	$5.00;
227	227	(10) Oath Administration (Sec. 118.021) . . . . . .
228	228	$1.00.
229	229	(h) A county clerk may not charge a fee for issuing a
230	230	covenant marriage license or designating on a marriage license that
231	231	the marriage is a covenant marriage.
232	232	SECTION 9. The heading to Section 118.018, Local Government
233	233	Code, is amended to read as follows:
234	234	Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.
235	235	SECTION 10. Sections 118.018(a) and (b-1), Local Government
236	236	Code, are amended to read as follows:
237	237	(a) The fee for a "Noncovenant Marriage License" under
238	238	Section 118.011 is for issuing a noncovenant marriage license. The
239	239	fee must be paid at the time the license is issued, except as
240	240	provided by Subsection (b-1).
241	241	(b-1) The county clerk shall issue a noncovenant marriage
242	242	license without collecting a noncovenant marriage license fee from
243	243	an applicant who:
244	244	(1) completes a premarital education course described
245	245	by Section 2.013, Family Code;
246	246	(2) provides to the county clerk a premarital
247	247	education course completion certificate indicating completion of
248	248	the premarital education course not more than one year before the
249	249	date the noncovenant marriage license application is filed with the
250	250	clerk; and
251	251	(3) provides proof satisfactory to the county clerk
252	252	that the applicant is a resident of this state.
253	253	SECTION 11. This Act takes effect September 1, 2025.