89R3125 MLH-D
By: Vasut H.B. No. 931
A BILL TO BE ENTITLED
AN ACT
relating to the creation and dissolution of a covenant marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2, Family Code, is amended
by adding Section 2.0041 to read as follows:
Sec. 2.0041. AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT
MARRIAGE. (a) The applicants for a marriage license may enter into
a covenant marriage by submitting with the application for the
license a signed and notarized affidavit of intent to enter into a
covenant marriage.
(b) The affidavit of intent to enter into a covenant
marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between
two people who agree to live together as spouses for so long as they
both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We understand that a covenant
marriage is for life. We understand that we can get divorced or
separated. If we experience marital difficulties, we commit
ourselves to take all reasonable efforts to preserve our marriage,
including marital counseling.
With full knowledge of what this commitment means, we declare
our intent to enter into a covenant marriage that will be bound by
Texas law on covenant marriage and we promise to love, honor, and
care for one another for the rest of our lives."
SECTION 2. Section 2.009(e), Family Code, is amended to
read as follows:
(e) A license issued by a county clerk under this section:
(1) must:
(A) identify the county in which the license is
issued; and
(B) indicate whether the license is for a
covenant marriage; and
(2) may include the name of the county clerk.
SECTION 3. Chapter 2, Family Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. COVENANT MARRIAGE
Sec. 2.651. DESIGNATING EXISTING MARRIAGE AS COVENANT
MARRIAGE. (a) A married couple may designate their marriage as a
covenant marriage by filing with the county clerk:
(1) a signed and notarized affidavit of intent to
designate a marriage as a covenant marriage; and
(2) a copy of the couple's marriage license.
(b) The affidavit of intent to designate a marriage as a
covenant marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between
two people who agree to live together as spouses for so long as they
both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We understand that a covenant
marriage is for life. We understand that we can get divorced or
separated. If we experience marital difficulties, we commit
ourselves to take all reasonable efforts to preserve our marriage,
including marital counseling.
With full knowledge of what this commitment means, we declare
that our marriage will be bound by Texas law on covenant marriage
and we renew our promise to love, honor, and care for one another
for the rest of our lives."
(c) On receipt of the affidavit and marriage license under
Subsection (a), the county clerk shall:
(1) designate on the marriage license that the
marriage is a covenant marriage; and
(2) attach a copy of the affidavit to the marriage
license.
(d) A marriage becomes a covenant marriage when a couple
files the affidavit of intent to designate a marriage as a covenant
marriage with the county clerk.
Sec. 2.652. COUNSELING REQUIREMENT. (a) A couple may not
enter into a covenant marriage or designate a marriage as a covenant
marriage unless the couple, at least seven days before the date the
marriage is solemnized or designated, completes at least five hours
of premarital counseling from a clergy member or a person legally
authorized to engage in marriage counseling.
(b) The clergy member or counselor must use a faith-based or
science-based counseling program.
(c) The clergy member or counselor shall:
(1) ensure that the couple discusses important
personal issues, including financial issues and conflict
resolution;
(2) discuss the seriousness of a covenant marriage;
(3) inform the couple that a covenant marriage is a
commitment for life; and
(4) inform the couple of the obligation to seek
marital counseling in times of marital difficulties.
(d) The clergy member or counselor may discuss any other
topic the clergy member or counselor considers important to the
couple's understanding of the marital commitment.
Sec. 2.653. MATERIAL FOR COUNTY CLERK. The attorney
general shall develop material to educate county clerks in affected
counties about the requirements for issuing a covenant marriage
license and the differences between a covenant marriage and a
noncovenant marriage.
SECTION 4. Chapter 6, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE
Sec. 6.851. DISSOLUTION OF COVENANT MARRIAGE. (a) The
court may grant a divorce on the ground of insupportability under
Section 6.001 to a couple who has entered into a covenant marriage
only if the parties to the marriage:
(1) agree to the granting of a divorce under that
section; and
(2) have completed the counseling required by Section
6.852.
(b) The procedures in this chapter for a suit for
dissolution of a marriage apply to a suit for dissolution of a
covenant marriage.
Sec. 6.852. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)
The parties to a covenant marriage may obtain a divorce on the
ground of insupportability under Section 6.001 only if the parties
have received at least five hours of counseling from a clergy member
or a licensed marriage and family therapist or other licensed
mental health professional described by Subsection (b) in an
attempt to reconcile the marriage. The couple may participate in
the counseling as long as both parties wish to continue
participation.
(b) A licensed mental health professional may perform the
counseling required by this section if the license holder has
completed at least six hours of continuing education in subjects
related to counseling married couples during each licensing period.
SECTION 5. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.0511 to read as follows:
Sec. 8.0511. MAINTENANCE IN PROCEEDINGS INVOLVING COVENANT
MARRIAGE. The court may order maintenance in accordance with this
chapter in proceedings for the dissolution of a covenant marriage.
Notwithstanding any other provision of this chapter, the court may
also order maintenance in accordance with this chapter in
proceedings for legal separation of a covenant marriage.
SECTION 6. Section 194.001, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The county clerk shall file with the vital statistics
unit a copy of each completed marriage license application and a
copy of any affidavit of an absent applicant or affidavit of intent
to enter into a covenant marriage submitted with an application.
The clerk shall file the copies not later than the 90th day after
the date of the application. The clerk may not collect a fee for
filing the copies.
(c) The county clerk shall file with the vital statistics
unit a copy of each affidavit of intent to designate a marriage as a
covenant marriage executed under Section 2.651, Family Code. The
clerk shall file the copy not later than the 90th day after the date
on which the affidavit is executed.
SECTION 7. Section 194.0011, Health and Safety Code, is
amended to read as follows:
Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS. (a) The
executive commissioner by rule shall prescribe the format and
content of the:
(1) department form used for the marriage license
application;
(2) affidavit of intent to enter into a covenant
marriage; and
(3) affidavit of intent to designate a marriage as a
covenant marriage.
(a-1) The department form used for the marriage license
application must:
(1) require identification of the county in which the
application is submitted; and
(2) allow, but may not require, the name of the county
clerk to appear on the application.
(b) The vital statistics unit shall print and distribute the
department marriage license application form and the prescribed
affidavits of intent to enter into a covenant marriage or designate
a marriage as a covenant marriage [forms] to each county clerk
throughout the state.
(c) The department form and prescribed affidavits shall
replace locally adopted forms and affidavits.
(d) A county clerk may reproduce the department form and
prescribed affidavits locally.
SECTION 8. Section 118.011, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (h) to
read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
(A) for the first page . . . . . . $ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind . . . . . . $ 4.00;
(2) Real Property Records Filing (Sec. 118.013):
(A) for the first page . . . . . . $ 5.00;
(B) for each additional page or part of a page on
which there are visible marks of any kind . . . . . . $ 4.00;
(C) for all or part of each 8-1/2" X
14" attachment or rider . . . . . . $ 4.00;
(D) for each name in excess of five names that has
to be indexed in all records in which the document must be indexed
. . . . . . $ 0.25;
(3) Certified Papers (Sec. 118.014):
(A) for the clerk's certificate . . . . . .
$5.00;
(B) printed on paper, plus a fee for each page or
part of a page . . . . . . $ 1.00;
(C) that is a paper document converted to
electronic format, for each page or part of a page . . . . . . $1;
(D) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length . . . . . . $1;
(ii) for each page or part of a page of a
document over 10 pages . . . . . . $0.10;
(4) Noncertified Papers (Sec. 118.0145):
(A) printed on paper, for each page or part of a
page . . . . . . $ 1.00;
(B) that is a paper document converted to
electronic format, for each page or part of a page . . . . . . $1;
(C) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length . . . . . . $1;
(ii) for each page or part of a page of a
document over 10 pages . . . . . . $0.10;
(5) Birth or Death Certificate (Sec. 118.015)
. . . . . . same as state registrar;
(6) Bond Approval (Sec. 118.016) . . . . . . $ 3.00;
(7) Noncovenant Marriage License (Sec. 118.018)
. . . . . . $60.00;
(8) Declaration of Informal Marriage (Sec. 118.019)
. . . . . . $25.00;
(9) Brand Registration (Sec. 118.020) . . . . . .
$5.00;
(10) Oath Administration (Sec. 118.021) . . . . . .
$1.00.
(h) A county clerk may not charge a fee for issuing a
covenant marriage license or designating on a marriage license that
the marriage is a covenant marriage.
SECTION 9. The heading to Section 118.018, Local Government
Code, is amended to read as follows:
Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.
SECTION 10. Sections 118.018(a) and (b-1), Local Government
Code, are amended to read as follows:
(a) The fee for a "Noncovenant Marriage License" under
Section 118.011 is for issuing a noncovenant marriage license. The
fee must be paid at the time the license is issued, except as
provided by Subsection (b-1).
(b-1) The county clerk shall issue a noncovenant marriage
license without collecting a noncovenant marriage license fee from
an applicant who:
(1) completes a premarital education course described
by Section 2.013, Family Code;
(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 noncovenant 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.
SECTION 11. This Act takes effect September 1, 2025.