89R11997 MLH-D
By: Johnson S.B. No. 1724
A BILL TO BE ENTITLED
AN ACT
relating to certain statutory changes to reflect and address
same-sex marriages and parenting relationships and to the removal
of provisions regarding the criminality or unacceptability of
homosexual conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FAMILY CODE PROVISIONS
SECTION 1.01. Subchapter A, Chapter 1, Family Code, is
amended by adding Section 1.0015 to read as follows:
Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
When necessary to implement the rights and duties of spouses or
parents in a marriage between persons of the same sex under the laws
of this state, gender-specific terminology must be construed in a
neutral manner to refer to a person of either gender.
SECTION 1.02. Section 2.001(a), Family Code, is amended to
read as follows:
(a) Two individuals [A man and a woman] desiring to enter
into a ceremonial marriage must obtain a marriage license from the
county clerk of any county of this state.
SECTION 1.03. Section 2.004(b), Family Code, is amended to
read as follows:
(b) The application form must contain:
(1) a heading entitled "Application for Marriage
License, ____________ County, Texas";
(2) spaces for each applicant's full name, including
the [woman's maiden] surname of an applicant intending to change
the applicant's surname as a result of the marriage, address,
social security number, if any, date of birth, and place of birth,
including city, county, and state;
(3) a space for indicating the document tendered by
each applicant as proof of identity and age;
(4) spaces for indicating whether each applicant has
been divorced within the last 30 days;
(5) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently married and the other applicant is not presently
married.";
(6) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "The other
applicant is not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption.";
(7) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently delinquent in the payment of court-ordered child
support.";
(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(9) spaces immediately below the printed oath for the
applicants' signatures;
(10) a certificate of the county clerk that:
(A) each applicant made the oath and the date and
place that it was made; or
(B) an applicant did not appear personally but
the prerequisites for the license have been fulfilled as provided
by this chapter;
(11) spaces for indicating the date of the marriage
and the county in which the marriage is performed;
(12) a space for the address to which the applicants
desire the completed license to be mailed; and
(13) a printed box for each applicant to check
indicating that the applicant wishes to make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the Office of Early
Childhood Coordination of the Health and Human Services Commission.
SECTION 1.04. Section 2.007, Family Code, is amended to
read as follows:
Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit
of an absent applicant must include:
(1) the absent applicant's full name, including the
[maiden] surname of an [a female] applicant intending to change the
applicant's surname as a result of the marriage, address, date of
birth, place of birth, including city, county, and state,
citizenship, and social security number, if any;
(2) a declaration that the absent applicant has not
been divorced within the last 30 days;
(3) a declaration that the absent applicant is:
(A) not presently married; or
(B) married to the other applicant and they wish
to marry again;
(4) a declaration that the other applicant is not
presently married and is not related to the absent applicant as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption;
(5) a declaration that the absent applicant desires to
marry and the name, age, and address of the person to whom the
absent applicant desires to be married;
(6) the approximate date on which the marriage is to
occur;
(7) the reason the absent applicant is unable to
appear personally before the county clerk for the issuance of the
license; and
(8) the appointment of any adult, other than the other
applicant, to act as proxy for the purpose of participating in the
ceremony, if the absent applicant is:
(A) a member of the armed forces of the United
States stationed in another country in support of combat or another
military operation; and
(B) unable to attend the ceremony.
SECTION 1.05. Section 2.401(a), Family Code, is amended to
read as follows:
(a) In a judicial, administrative, or other proceeding, the
marriage of two individuals [a man and woman] may be proved by
evidence that:
(1) a declaration of their marriage has been signed as
provided by this subchapter; or
(2) the individuals [man and woman] agreed to be
married and after the agreement they lived together in this state as
spouses [husband and wife] and there represented to others that
they were married.
SECTION 1.06. Section 2.402(b), Family Code, is amended to
read as follows:
(b) The declaration form must contain:
(1) a heading entitled "Declaration and Registration
of Informal Marriage, ___________ County, Texas";
(2) spaces for each party's full name, including the
[woman's maiden] surname of a party intending to change the party's
surname as a result of the marriage, address, date of birth, place
of birth, including city, county, and state, and social security
number, if any;
(3) a space for indicating the type of document
tendered by each party as proof of age and identity;
(4) printed boxes for each party to check "true" or
"false" in response to the following statement: "The other party is
not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption.";
(5) a printed declaration and oath reading: "I
SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
CORRECT.";
(6) spaces immediately below the printed declaration
and oath for the parties' signatures; and
(7) a certificate of the county clerk that the parties
made the declaration and oath and the place and date it was made.
SECTION 1.07. Section 3.401, Family Code, is amended by
adding Subdivision (1-a) and amending Subdivisions (4) and (5) to
read as follows:
(1-a) "Civil union" means any relationship status
other than marriage that:
(A) is intended as an alternative to marriage or
applies primarily to cohabitating persons; and
(B) grants to the parties of the relationship
legal protections, benefits, or responsibilities granted to the
spouses of a marriage.
(4) "Marital estate" means one of three estates:
(A) the community property owned by the spouses
together and referred to as the community marital estate; or
(B) the separate property owned individually by
each spouse [the husband] and referred to as a separate marital
estate[; or
[(C) the separate property owned individually by
the wife, also referred to as a separate marital estate].
(5) "Spouse" means one of the two individuals who are
the parties to:
(A) a marriage; or
(B) [a husband, who is a man, or a wife, who is a
woman. A member of] a civil union [or similar relationship] entered
into in another state [between persons of the same sex is not a
spouse].
SECTION 1.08. Section 6.202(b), Family Code, is amended to
read as follows:
(b) The later marriage that is void under this section
becomes valid when the prior marriage is dissolved if, after the
date of the dissolution, the parties have lived together as spouses
[husband and wife] and represented themselves to others as being
married.
SECTION 1.09. Section 6.203, Family Code, is amended to
read as follows:
Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
marriage that would have been void under Section 6.201, a marriage
that was entered into before January 1, 1970, in violation of the
prohibitions of Article 496, Penal Code of Texas, 1925, is
validated from the date the marriage commenced if the parties
continued until January 1, 1970, to live together as spouses
[husband and wife] and to represent themselves to others as being
married.
SECTION 1.10. Section 6.704, Family Code, is amended to
read as follows:
Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
a suit for dissolution of a marriage, each spouse is a [the husband
and wife are] competent witness [witnesses] for and against the
[each] other spouse. A spouse may not be compelled to testify as to
a matter that will incriminate the spouse.
(b) If a spouse [the husband or wife] testifies, the court
or jury trying the case shall determine the credibility of the
witness and the weight to be given the witness's testimony.
SECTION 1.11. Chapter 51, Family Code, is amended by adding
Section 51.015 to read as follows:
Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
When necessary to implement the rights and duties of spouses or
parents under the laws of this state, gender-specific terminology
must be construed in a neutral manner to refer to a person of either
gender.
SECTION 1.12. Chapter 101, Family Code, is amended by
adding Section 101.0012 to read as follows:
Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
TERMINOLOGY. When necessary to implement the rights and duties of
spouses or parents under the laws of this state, gender-specific
terminology must be construed in a neutral manner to refer to a
person of either gender.
SECTION 1.13. Section 108.009(b), Family Code, is amended
to read as follows:
(b) The new certificate may not show that a parent-child
[the father and child] relationship was established after the
child's birth but may show the child's actual place and date of
birth.
SECTION 1.14. Section 152.310(d), Family Code, is amended
to read as follows:
(d) A privilege against disclosure of communications
between spouses and a defense of immunity based on the relationship
of spouses [husband and wife] or parent and child may not be invoked
in a proceeding under this subchapter.
SECTION 1.15. Section 153.312(b), Family Code, is amended
to read as follows:
(b) The following provisions govern possession of the child
for vacations and certain specific holidays and supersede
conflicting weekend or Thursday periods of possession. The
possessory conservator and the managing conservator shall have
rights of possession of the child as follows:
(1) the possessory conservator shall have possession
in even-numbered years, beginning at 6 p.m. on the day the child is
dismissed from school for the school's spring vacation and ending
at 6 p.m. on the day before school resumes after that vacation, and
the managing conservator shall have possession for the same period
in odd-numbered years;
(2) if a possessory conservator:
(A) gives the managing conservator written
notice by April 1 of each year specifying an extended period or
periods of summer possession, the possessory conservator shall have
possession of the child for 30 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day; or
(B) does not give the managing conservator
written notice by April 1 of each year specifying an extended period
or periods of summer possession, the possessory conservator shall
have possession of the child for 30 consecutive days beginning at 6
p.m. on July 1 and ending at 6 p.m. on July 31;
(3) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator shall have possession of the child on any one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following
Sunday during one period of possession by the possessory
conservator under Subdivision (2), provided that the managing
conservator picks up the child from the possessory conservator and
returns the child to that same place; and
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year or gives the
possessory conservator 14 days' written notice on or after April 16
of each year, the managing conservator may designate one weekend
beginning not earlier than the day after the child's school is
dismissed for the summer vacation and ending not later than seven
days before school resumes at the end of the summer vacation, during
which an otherwise scheduled weekend period of possession by the
possessory conservator will not take place, provided that the
weekend designated does not interfere with the possessory
conservator's period or periods of extended summer possession or
with Father's Day if the possessory conservator is a [the] father of
the child who is entitled to possession of the child for Father's
Day weekend that year.
SECTION 1.16. Sections 153.313 and 153.314, Family Code,
are amended to read as follows:
Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
the possessory conservator resides more than 100 miles from the
residence of the child, the possessory conservator shall have the
right to possession of the child as follows:
(1) either regular weekend possession beginning on the
first, third, and fifth Friday as provided under the terms
applicable to parents who reside 100 miles or less apart or not more
than one weekend per month of the possessory conservator's choice
beginning at 6 p.m. on the day school recesses for the weekend and
ending at 6 p.m. on the day before school resumes after the weekend,
provided that the possessory conservator gives the managing
conservator 14 days' written or telephonic notice preceding a
designated weekend, and provided that the possessory conservator
elects an option for this alternative period of possession by
written notice given to the managing conservator within 90 days
after the parties begin to reside more than 100 miles apart, as
applicable;
(2) each year beginning at 6 p.m. on the day the child
is dismissed from school for the school's spring vacation and
ending at 6 p.m. on the day before school resumes after that
vacation;
(3) if the possessory conservator:
(A) gives the managing conservator written
notice by April 1 of each year specifying an extended period or
periods of summer possession, the possessory conservator shall have
possession of the child for 42 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day; or
(B) does not give the managing conservator
written notice by April 1 of each year specifying an extended period
or periods of summer possession, the possessory conservator shall
have possession of the child for 42 consecutive days beginning at 6
p.m. on June 15 and ending at 6 p.m. on July 27;
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year the managing
conservator shall have possession of the child on one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following
Sunday during one period of possession by the possessory
conservator under Subdivision (3), provided that if a period of
possession by the possessory conservator exceeds 30 days, the
managing conservator may have possession of the child under the
terms of this subdivision on two nonconsecutive weekends during
that time period, and further provided that the managing
conservator picks up the child from the possessory conservator and
returns the child to that same place; and
(5) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator may designate 21 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day, during which the possessory conservator may not
have possession of the child, provided that the period or periods so
designated do not interfere with the possessory conservator's
period or periods of extended summer possession or with Father's
Day if the possessory conservator is a [the] father of the child who
is entitled to possession of the child for Father's Day weekend that
year.
Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
PARENTS RESIDE APART. The following provisions govern possession
of the child for certain specific holidays and supersede
conflicting weekend or Thursday periods of possession without
regard to the distance the parents reside apart. The possessory
conservator and the managing conservator shall have rights of
possession of the child as follows:
(1) the possessory conservator shall have possession
of the child in even-numbered years beginning at 6 p.m. on the day
the child is dismissed from school for the Christmas school
vacation and ending at noon on December 28, and the managing
conservator shall have possession for the same period in
odd-numbered years;
(2) the possessory conservator shall have possession
of the child in odd-numbered years beginning at noon on December 28
and ending at 6 p.m. on the day before school resumes after that
vacation, and the managing conservator shall have possession for
the same period in even-numbered years;
(3) the possessory conservator shall have possession
of the child in odd-numbered years, beginning at 6 p.m. on the day
the child is dismissed from school before Thanksgiving and ending
at 6 p.m. on the following Sunday, and the managing conservator
shall have possession for the same period in even-numbered years;
(4) the parent not otherwise entitled under this
standard possession order to present possession of a child on the
child's birthday shall have possession of the child beginning at 6
p.m. and ending at 8 p.m. on that day, provided that the parent
picks up the child from the residence of the conservator entitled to
possession and returns the child to that same place;
(5) if a conservator, the father shall have possession
of the child beginning at 6 p.m. on the Friday preceding Father's
Day and ending on Father's Day at 6 p.m., provided that, if he is not
otherwise entitled under this standard possession order to present
possession of the child, he picks up the child from the residence of
the conservator entitled to possession and returns the child to
that same place, except that if the child has two fathers appointed
as conservators, the managing conservator shall have possession of
the child for the period described by this subdivision in
even-numbered years and the possessory conservator shall have
possession of the child for that period in odd-numbered years; and
(6) if a conservator, the mother shall have possession
of the child beginning at 6 p.m. on the Friday preceding Mother's
Day and ending on Mother's Day at 6 p.m., provided that, if she is
not otherwise entitled under this standard possession order to
present possession of the child, she picks up the child from the
residence of the conservator entitled to possession and returns the
child to that same place, except that if the child has two mothers
appointed as conservators, the managing conservator shall have
possession of the child for the period described by this
subdivision in even-numbered years and the possessory conservator
shall have possession of the child for that period in odd-numbered
years.
SECTION 1.17. Section 159.316(i), Family Code, is amended
to read as follows:
(i) The defense of immunity based on the relationship of
spouses [husband and wife] or of parent and child does not apply in
a proceeding under this chapter.
SECTION 1.18. Section 162.014(a), Family Code, is amended
to read as follows:
(a) If the joint petitioners are spouses [husband and wife]
and it would be unduly difficult for one of the petitioners to
appear at the hearing, the court may waive the attendance of that
petitioner if the other spouse is present.
SECTION 1.19. The following provisions of the Family Code
are repealed:
(1) Section 2.001(b); and
(2) Section 6.204.
SECTION 1.20. The change in law made by this article to
Section 108.009(b), Family Code, applies only to a new birth
certificate for a child born on or after the effective date of this
Act. A new birth certificate for a child born before that date is
governed by the law in effect on the date the child was born, and the
former law is continued in effect for that purpose.
SECTION 1.21. The changes in law made by this article to
Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
to a court order providing for possession of or access to a child
rendered on or after the effective date of this Act. A court order
rendered before the effective date of this Act is governed by the
law in effect on the date the order was rendered, and the former law
is continued in effect for that purpose.
ARTICLE 2. AGRICULTURE CODE PROVISIONS
SECTION 2.01. Section 72.026(c), Agriculture Code, is
amended to read as follows:
(c) Both spouses [A husband and wife] are jointly and
severally responsible for the execution of an order under Section
72.025(c) of this code in relation to their community estate. Each
spouse is responsible for the execution of an order in relation to
his or her separate estate. In addition, each spouse is responsible
for the execution of an order in relation to the other spouse's
separate estate if he or she is the caretaker of premises belonging
to the separate estate of the other spouse.
SECTION 2.02. Section 167.055(b), Agriculture Code, is
amended to read as follows:
(b) Both spouses [A husband and wife] are jointly and
severally liable for the treatment of animals subject to treatment
that belong to their community estate. Each spouse is responsible
for the treatment of animals belonging to that person's separate
estate, except that a spouse who is the caretaker of animals owned
by the other spouse is responsible for the treatment of the animals.
ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISION
SECTION 3.01. Section 109.53, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 109.53. CITIZENSHIP OF PERMITTEE; CONTROL OF PREMISES;
SUBTERFUGE OWNERSHIP; ETC. A person who has not been a citizen of
Texas for a period of one year immediately preceding the filing of
the person's application therefor is not eligible to receive a
permit under this code. No permit shall be issued to a corporation
unless the same be incorporated under the laws of the state and
unless at least 51 percent of the stock of the corporation is owned
at all times by citizens who have resided within the state for a
period of one year and who possess the qualifications required of
other applicants for permits; provided, however, that the
restrictions contained in the preceding clause shall not apply to
domestic or foreign corporations that were engaged in the legal
alcoholic beverage business in this state under charter or permit
prior to August 24, 1935. Partnerships, firms, and associations
applying for permits shall be composed wholly of citizens
possessing the qualifications above enumerated. Any corporation
(except carrier) holding a permit under this code which shall
violate any provisions hereof, or any rule or regulation
promulgated hereunder, shall be subject to forfeiture of its
charter and it shall be the duty of the attorney general, when any
such violation is called to the attorney general's attention, to
file a suit for such cancellation in a district court of Travis
County. The provisions of this section that require Texas
citizenship or require incorporation in Texas do not apply to the
holders of carrier's permits. A person may not sell, warehouse,
store or solicit orders for any liquor in any wet area without first
having procured a permit of the class required for such privilege,
or consent to the use of or allow the person's permit to be
displayed by or used by any person other than the one to whom the
permit was issued. It is the intent of the legislature to prevent
subterfuge ownership of or unlawful use of a permit or the premises
covered by such permit; and all provisions of this code shall be
liberally construed to carry out this intent, and it shall be the
duty of the commission or the administrator to provide strict
adherence to the general policy of preventing subterfuge ownership
and related practices hereinafter declared to constitute unlawful
trade practices. An applicant for a package store permit or a
renewal of a package store permit may not designate as "premise" and
the commission shall not approve a lesser area than that
specifically defined as "premise" in Section 11.49(a). Every
permittee shall have and maintain exclusive occupancy and control
of the entire licensed premises in every phase of the storage,
distribution, possession, and transportation and sale of all
alcoholic beverages purchased, stored or sold on the licensed
premises. Any device, scheme or plan which surrenders control of
the employees, premises or business of the permittee to persons
other than the permittee shall be unlawful. No minor, unless
accompanied by his or her parent, guardian, adult spouse [husband
or adult wife], or other adult person into whose custody he or she
has been committed for the time by some court, shall knowingly be
allowed on the premises of the holder of a package store permit.
The prohibition against the presence of a minor on the premises of
the holder of a package store permit does not apply to the presence
on the premises of the holder or a person lawfully employed by the
holder. Any package store permittee who shall be injured in the
permittee's business or property by another package store permittee
by reason of anything prohibited in this section may institute suit
in any district court in the county wherein the violation is alleged
to have occurred to require enforcement by injunctive procedures
and/or to recover threefold the damages sustained by the permittee;
plus costs of suit including a reasonable attorney's fee. The
provisions prohibiting the licensing of only a portion of a
building as premise for a package store permit shall not apply to
hotels as already defined in this code.
ARTICLE 4. ESTATES CODE PROVISIONS
SECTION 4.01. Section 121.151, Estates Code, is amended to
read as follows:
Sec. 121.151. DISTRIBUTION OF COMMUNITY
PROPERTY. (a) This section applies to community property,
including the proceeds of life or accident insurance that are
community property and become payable to the estate of either
spouse [the husband or wife].
(b) If both spouses [a husband and wife] die leaving
community property but neither survives the other by 120 hours,
one-half of all community property shall be distributed as if one
spouse [the husband] had survived, and the other one-half shall be
distributed as if the other spouse [wife] had survived.
SECTION 4.02. Section 1104.001(b), Estates Code, is amended
to read as follows:
(b) Subsection (a) does not prohibit the joint appointment,
if the court finds it to be in the best interest of the
incapacitated person or ward, of:
(1) spouses [a husband and wife];
(2) joint managing conservators;
(3) co-guardians appointed under the laws of a
jurisdiction other than this state; or
(4) both parents of an adult who is incapacitated if
the incapacitated person:
(A) has not been the subject of a suit affecting
the parent-child relationship; or
(B) has been the subject of a suit affecting the
parent-child relationship and both of the incapacitated person's
parents were named as joint managing conservators in the suit but
are no longer serving in that capacity.
ARTICLE 5. FINANCE CODE PROVISIONS
SECTION 5.01. Section 65.103, Finance Code, is amended to
read as follows:
Sec. 65.103. JOINT TENANCY ACCOUNT HELD BY SPOUSES [HUSBAND
AND WIFE]. (a) Spouses [A husband and wife] may enter into a
savings contract that creates a joint tenancy with right of
survivorship with respect to community property deposited in a
savings account and any future additions or dividends made or
credited to the account.
(b) An agreement under Subsection (a) must be in writing and
subscribed to by the spouses [husband and wife] but is not required
to be acknowledged.
SECTION 5.02. Section 342.501(a), Finance Code, is amended
to read as follows:
(a) An authorized lender may not induce or permit a person
or spouses [a husband and wife] to be directly or indirectly
obligated under more than one loan contract at any time for the
purpose or with the effect of obtaining an amount of interest
greater than the amount of interest otherwise authorized under this
chapter for a loan of that aggregate amount with a maximum interest
charge computed under Section 342.201(a), Section 342.201(e),
Section 342.252, or any combination of those sections.
SECTION 5.03. Section 345.080(a), Finance Code, is amended
to read as follows:
(a) A retail seller may not induce a person or spouses [a
husband and wife] to become obligated at substantially the same
time under more than one retail installment contract with the same
seller for the deliberate purpose of obtaining a greater amount of
time price differential than is permitted under this chapter for
one retail installment contract.
ARTICLE 6. GOVERNMENT CODE PROVISIONS
SECTION 6.01. Section 24.601(b), Government Code, is
amended to read as follows:
(b) A family district court has primary responsibility for
cases involving family law matters. These matters include:
(1) adoptions;
(2) birth records;
(3) divorce and marriage annulment;
(4) child welfare, custody, support and reciprocal
support, dependency, neglect, and delinquency;
(5) parent and child; and
(6) spouses [husband and wife].
SECTION 6.02. Section 573.025(a), Government Code, is
amended to read as follows:
(a) Spouses [A husband and wife] are related to each other
in the first degree by affinity. For other relationships by
affinity, the degree of relationship is the same as the degree of
the underlying relationship by consanguinity. For example: if two
individuals are related to each other in the second degree by
consanguinity, the spouse of one of the individuals is related to
the other individual in the second degree by affinity.
SECTION 6.03. Section 662.071(a), Government Code, is
amended to read as follows:
(a) May 8 is Military Spouse Appreciation Day to recognize
the role of the spouses [wives and husbands] of the brave
individuals who serve in the United States armed forces or state
military forces. This day commemorates:
(1) the sacrifices military spouses make during the
weeks, months, and years a loved one is away from home protecting
our freedom; and
(2) the vital support military spouses provide to
veterans returning home from military service.
SECTION 6.04. Sections 810.001(h) and (i), Government Code,
are repealed.
ARTICLE 7. HEALTH AND SAFETY CODE PROVISIONS
SECTION 7.01. Section 85.007(b), Health and Safety Code, is
amended to read as follows:
(b) The materials in the education programs intended for
persons younger than 18 years of age must[:
[(1)] emphasize sexual abstinence before marriage and
fidelity in marriage as the expected standard in terms of public
health and the most effective ways to prevent HIV infection,
sexually transmitted diseases, and unwanted pregnancies[; and
[(2) state that homosexual conduct is not an acceptable
lifestyle and is a criminal offense under Section 21.06, Penal
Code].
SECTION 7.02. Section 163.001(a), Health and Safety Code,
is amended to read as follows:
(a) The department shall develop a model public health
education program suitable for school-age children and shall make
the program available to any person on request. The program should
emphasize:
(1) that abstinence from sexual intercourse is the
most effective protection against unwanted teenage pregnancy,
sexually transmitted diseases, and acquired immune deficiency
syndrome (AIDS) when transmitted sexually;
(2) that abstinence from sexual intercourse outside of
[lawful] marriage is the expected societal standard for school-age
unmarried persons; and
(3) the physical, emotional, and psychological
dangers of substance abuse, including the risk of acquired immune
deficiency syndrome (AIDS) through the sharing of needles during
intravenous drug usage.
SECTION 7.03. Section 163.002, Health and Safety Code, is
amended to read as follows:
Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
instruction relating to sexual education or sexually transmitted
diseases should include:
(1) an emphasis on sexual abstinence as the only
completely reliable method of avoiding unwanted teenage pregnancy
and sexually transmitted diseases;
(2) an emphasis on the importance of self-control,
responsibility, and ethical conduct in making decisions relating to
sexual behavior;
(3) statistics, based on the latest medical
information, that indicate the efficacy of the various forms of
contraception;
(4) information concerning the laws relating to the
financial responsibilities associated with pregnancy, childbirth,
and child rearing;
(5) information concerning the laws prohibiting
sexual abuse and the legal and counseling options available to
victims of sexual abuse;
(6) information on how to cope with and rebuff
unwanted physical and verbal sexual advances, as well as the
importance of avoiding the sexual exploitation of other persons;
and
(7) psychologically sound methods of resisting
unwanted peer pressure[; and
[(8) emphasis, provided in a factual manner and from a
public health perspective, that homosexuality is not a lifestyle
acceptable to the general public and that homosexual conduct is a
criminal offense under Section 21.06, Penal Code].
SECTION 7.04. Section 191.0046(b), Health and Safety Code,
is amended to read as follows:
(b) The state registrar shall issue without fee a certified
copy of a record not otherwise prohibited by law to a veteran or to
the veteran's widow or widower, orphan, or other dependent if the
copy is for use in settling a claim against the government.
SECTION 7.05. Section 193.006(a), Health and Safety Code,
is amended to read as follows:
(a) This section applies to the death certificate of a
person who:
(1) served in a war, campaign, or expedition of the
United States, the Confederate States of America, or the Republic
of Texas;
(2) was the spouse, widower, [wife] or widow of a
person who served in a war, campaign, or expedition of the United
States, the Confederate States of America, or the Republic of
Texas; or
(3) at the time of death was in the service of the
United States.
SECTION 7.06. Section 574.045(d), Health and Safety Code,
is amended to read as follows:
(d) A female patient must be accompanied by a female
attendant unless the patient is accompanied by a spouse or a
relative within the first degree of consanguinity [her father,
husband, or adult brother or son].
ARTICLE 8. PENAL CODE PROVISIONS
SECTION 8.01. Section 21.11(b), Penal Code, is amended to
read as follows:
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
[and of the opposite sex];
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
an offense under this section.
SECTION 8.02. Section 25.01(d), Penal Code, is amended to
read as follows:
(d) For the purposes of this section, the lawful spouse
[wife or husband] of the actor may testify both for or against the
actor concerning proof of the original marriage.
SECTION 8.03. Section 21.06, Penal Code, is repealed.
SECTION 8.04. The change in law made by this article to
Section 21.11, Penal Code, applies to an offense committed on or
after the effective date of this Act and to any criminal action
pending on the effective date of this Act for an offense committed
before that effective date. A final conviction for an offense under
Section 21.11, Penal Code, that exists on the effective date of this
Act is unaffected by this Act.
ARTICLE 9. PROPERTY CODE PROVISION
SECTION 9.01. Section 222.006(a), Property Code, is amended
to read as follows:
(a) Before or at the time of the use of any promotion in
connection with the offering of a membership interest or membership
right in a membership camping resort, the person who intends to use
the promotion shall include the following information in its
advertisements to the prospective purchaser:
(1) a statement to the effect that the promotion is
intended to solicit purchasers of membership interests or
membership rights in a membership camping resort;
(2) the full name of the operator and seller of the
membership interest or membership right in the membership camping
resort;
(3) if applicable, the full name and address of any
marketing company involved in the promotion of the membership
camping resort;
(4) the complete rules of the promotion;
(5) the method of awarding, the odds of winning, and
the approximate retail value of prizes, gifts, or other benefits
under the promotion and the date by which each prize, gift, or other
benefit will be awarded or conferred;
(6) any restrictions, qualifications, or other
conditions that the recipient must satisfy before the recipient is
entitled to receive a prize, gift, or other benefit, including:
(A) any deadline by which the recipient must
visit the membership camping resort, attend the sales presentation,
or contact a seller in order to receive the prize, gift, or other
benefit;
(B) the date on which the offer expires; and
(C) any other conditions, including minimum age
qualifications, financial qualifications, or a requirement that if
the recipient is married both spouses [husband and wife] must be
present in order to receive the prize, gift, or other benefit;
(7) if applicable, a statement that the operator or
seller reserves the right to provide a certificate with which to
redeem or claim the prize, gift, or other benefit awarded and that
the prize, gift, or other benefit shall be shipped or delivered to
the recipient within 30 days following the mailing of the
certificate; and
(8) if applicable, a statement that the operator or
seller reserves the right to substitute a prize, gift, or other
benefit of equal value for the prize, gift, or other benefit awarded
if the item is not available to the operator or seller after the
purchaser or prospect has complied with the provisions of the
promotion.
ARTICLE 10. EFFECTIVE DATE
SECTION 10.01. This Act takes effect September 1, 2025.