Texas 2025 - 89th Regular

Texas Senate Bill SB1724 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R11997 MLH-D
2	2		By: Johnson S.B. No. 1724
3		-
4		-
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to certain statutory changes to reflect and address
10	8		same-sex marriages and parenting relationships and to the removal
11	9		of provisions regarding the criminality or unacceptability of
12	10		homosexual conduct.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		ARTICLE 1. FAMILY CODE PROVISIONS
15	13		SECTION 1.01. Subchapter A, Chapter 1, Family Code, is
16	14		amended by adding Section 1.0015 to read as follows:
17	15		Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
18	16		When necessary to implement the rights and duties of spouses or
19	17		parents in a marriage between persons of the same sex under the laws
20	18		of this state, gender-specific terminology must be construed in a
21	19		neutral manner to refer to a person of either gender.
22	20		SECTION 1.02. Section 2.001(a), Family Code, is amended to
23	21		read as follows:
24	22		(a) Two individuals [A man and a woman] desiring to enter
25	23		into a ceremonial marriage must obtain a marriage license from the
26	24		county clerk of any county of this state.
27	25		SECTION 1.03. Section 2.004(b), Family Code, is amended to
28	26		read as follows:
29	27		(b) The application form must contain:
30	28		(1) a heading entitled "Application for Marriage
31	29		License, ____________ County, Texas";
32	30		(2) spaces for each applicant's full name, including
33	31		the [woman's maiden] surname of an applicant intending to change
34	32		the applicant's surname as a result of the marriage, address,
35	33		social security number, if any, date of birth, and place of birth,
36	34		including city, county, and state;
37	35		(3) a space for indicating the document tendered by
38	36		each applicant as proof of identity and age;
39	37		(4) spaces for indicating whether each applicant has
40	38		been divorced within the last 30 days;
41	39		(5) printed boxes for each applicant to check "true"
42	40		or "false" in response to the following statement: "I am not
43	41		presently married and the other applicant is not presently
44	42		married.";
45	43		(6) printed boxes for each applicant to check "true"
46	44		or "false" in response to the following statement: "The other
47	45		applicant is not related to me as:
48	46		(A) an ancestor or descendant, by blood or
49	47		adoption;
50	48		(B) a brother or sister, of the whole or half
51	49		blood or by adoption;
52	50		(C) a parent's brother or sister, of the whole or
53	51		half blood or by adoption;
54	52		(D) a son or daughter of a brother or sister, of
55	53		the whole or half blood or by adoption;
56	54		(E) a current or former stepchild or stepparent;
57	55		or
58	56		(F) a son or daughter of a parent's brother or
59	57		sister, of the whole or half blood or by adoption.";
60	58		(7) printed boxes for each applicant to check "true"
61	59		or "false" in response to the following statement: "I am not
62	60		presently delinquent in the payment of court-ordered child
63	61		support.";
64	62		(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
65	63		AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
66	64		CORRECT.";
67	65		(9) spaces immediately below the printed oath for the
68	66		applicants' signatures;
69	67		(10) a certificate of the county clerk that:
70	68		(A) each applicant made the oath and the date and
71	69		place that it was made; or
72	70		(B) an applicant did not appear personally but
73	71		the prerequisites for the license have been fulfilled as provided
74	72		by this chapter;
75	73		(11) spaces for indicating the date of the marriage
76	74		and the county in which the marriage is performed;
77	75		(12) a space for the address to which the applicants
78	76		desire the completed license to be mailed; and
79	77		(13) a printed box for each applicant to check
80	78		indicating that the applicant wishes to make a voluntary
81	79		contribution of $5 to promote healthy early childhood by supporting
82	80		the Texas Home Visiting Program administered by the Office of Early
83	81		Childhood Coordination of the Health and Human Services Commission.
84	82		SECTION 1.04. Section 2.007, Family Code, is amended to
85	83		read as follows:
86	84		Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit
87	85		of an absent applicant must include:
88	86		(1) the absent applicant's full name, including the
89	87		[maiden] surname of an [a female] applicant intending to change the
90	88		applicant's surname as a result of the marriage, address, date of
91	89		birth, place of birth, including city, county, and state,
92	90		citizenship, and social security number, if any;
93	91		(2) a declaration that the absent applicant has not
94	92		been divorced within the last 30 days;
95	93		(3) a declaration that the absent applicant is:
96	94		(A) not presently married; or
97	95		(B) married to the other applicant and they wish
98	96		to marry again;
99	97		(4) a declaration that the other applicant is not
100	98		presently married and is not related to the absent applicant as:
101	99		(A) an ancestor or descendant, by blood or
102	100		adoption;
103	101		(B) a brother or sister, of the whole or half
104	102		blood or by adoption;
105	103		(C) a parent's brother or sister, of the whole or
106	104		half blood or by adoption;
107	105		(D) a son or daughter of a brother or sister, of
108	106		the whole or half blood or by adoption;
109	107		(E) a current or former stepchild or stepparent;
110	108		or
111	109		(F) a son or daughter of a parent's brother or
112	110		sister, of the whole or half blood or by adoption;
113	111		(5) a declaration that the absent applicant desires to
114	112		marry and the name, age, and address of the person to whom the
115	113		absent applicant desires to be married;
116	114		(6) the approximate date on which the marriage is to
117	115		occur;
118	116		(7) the reason the absent applicant is unable to
119	117		appear personally before the county clerk for the issuance of the
120	118		license; and
121	119		(8) the appointment of any adult, other than the other
122	120		applicant, to act as proxy for the purpose of participating in the
123	121		ceremony, if the absent applicant is:
124	122		(A) a member of the armed forces of the United
125	123		States stationed in another country in support of combat or another
126	124		military operation; and
127	125		(B) unable to attend the ceremony.
128	126		SECTION 1.05. Section 2.401(a), Family Code, is amended to
129	127		read as follows:
130	128		(a) In a judicial, administrative, or other proceeding, the
131	129		marriage of two individuals [a man and woman] may be proved by
132	130		evidence that:
133	131		(1) a declaration of their marriage has been signed as
134	132		provided by this subchapter; or
135	133		(2) the individuals [man and woman] agreed to be
136	134		married and after the agreement they lived together in this state as
137	135		spouses [husband and wife] and there represented to others that
138	136		they were married.
139	137		SECTION 1.06. Section 2.402(b), Family Code, is amended to
140	138		read as follows:
141	139		(b) The declaration form must contain:
142	140		(1) a heading entitled "Declaration and Registration
143	141		of Informal Marriage, ___________ County, Texas";
144	142		(2) spaces for each party's full name, including the
145	143		[woman's maiden] surname of a party intending to change the party's
146	144		surname as a result of the marriage, address, date of birth, place
147	145		of birth, including city, county, and state, and social security
148	146		number, if any;
149	147		(3) a space for indicating the type of document
150	148		tendered by each party as proof of age and identity;
151	149		(4) printed boxes for each party to check "true" or
152	150		"false" in response to the following statement: "The other party is
153	151		not related to me as:
154	152		(A) an ancestor or descendant, by blood or
155	153		adoption;
156	154		(B) a brother or sister, of the whole or half
157	155		blood or by adoption;
158	156		(C) a parent's brother or sister, of the whole or
159	157		half blood or by adoption;
160	158		(D) a son or daughter of a brother or sister, of
161	159		the whole or half blood or by adoption;
162	160		(E) a current or former stepchild or stepparent;
163	161		or
164	162		(F) a son or daughter of a parent's brother or
165	163		sister, of the whole or half blood or by adoption.";
166	164		(5) a printed declaration and oath reading: "I
167	165		SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
168	166		EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
169	167		AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
170	168		SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
171	169		OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
172	170		OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
173	171		DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
174	172		CORRECT.";
175	173		(6) spaces immediately below the printed declaration
176	174		and oath for the parties' signatures; and
177	175		(7) a certificate of the county clerk that the parties
178	176		made the declaration and oath and the place and date it was made.
179	177		SECTION 1.07. Section 3.401, Family Code, is amended by
180	178		adding Subdivision (1-a) and amending Subdivisions (4) and (5) to
181	179		read as follows:
182	180		(1-a) "Civil union" means any relationship status
183	181		other than marriage that:
184	182		(A) is intended as an alternative to marriage or
185	183		applies primarily to cohabitating persons; and
186	184		(B) grants to the parties of the relationship
187	185		legal protections, benefits, or responsibilities granted to the
188	186		spouses of a marriage.
189	187		(4) "Marital estate" means one of three estates:
190	188		(A) the community property owned by the spouses
191	189		together and referred to as the community marital estate; or
192	190		(B) the separate property owned individually by
193	191		each spouse [the husband] and referred to as a separate marital
194	192		estate[; or
195	193		[(C) the separate property owned individually by
196	194		the wife, also referred to as a separate marital estate].
197	195		(5) "Spouse" means one of the two individuals who are
198	196		the parties to:
199	197		(A) a marriage; or
200	198		(B) [a husband, who is a man, or a wife, who is a
201	199		woman. A member of] a civil union [or similar relationship] entered
202	200		into in another state [between persons of the same sex is not a
203	201		spouse].
204	202		SECTION 1.08. Section 6.202(b), Family Code, is amended to
205	203		read as follows:
206	204		(b) The later marriage that is void under this section
207	205		becomes valid when the prior marriage is dissolved if, after the
208	206		date of the dissolution, the parties have lived together as spouses
209	207		[husband and wife] and represented themselves to others as being
210	208		married.
211	209		SECTION 1.09. Section 6.203, Family Code, is amended to
212	210		read as follows:
213	211		Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
214	212		marriage that would have been void under Section 6.201, a marriage
215	213		that was entered into before January 1, 1970, in violation of the
216	214		prohibitions of Article 496, Penal Code of Texas, 1925, is
217	215		validated from the date the marriage commenced if the parties
218	216		continued until January 1, 1970, to live together as spouses
219	217		[husband and wife] and to represent themselves to others as being
220	218		married.
221	219		SECTION 1.10. Section 6.704, Family Code, is amended to
222	220		read as follows:
223	221		Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
224	222		a suit for dissolution of a marriage, each spouse is a [the husband
225	223		and wife are] competent witness [witnesses] for and against the
226	224		[each] other spouse. A spouse may not be compelled to testify as to
227	225		a matter that will incriminate the spouse.
228	226		(b) If a spouse [the husband or wife] testifies, the court
229	227		or jury trying the case shall determine the credibility of the
230	228		witness and the weight to be given the witness's testimony.
231	229		SECTION 1.11. Chapter 51, Family Code, is amended by adding
232	230		Section 51.015 to read as follows:
233	231		Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
234	232		When necessary to implement the rights and duties of spouses or
235	233		parents under the laws of this state, gender-specific terminology
236	234		must be construed in a neutral manner to refer to a person of either
237	235		gender.
238	236		SECTION 1.12. Chapter 101, Family Code, is amended by
239	237		adding Section 101.0012 to read as follows:
240	238		Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
241	239		TERMINOLOGY. When necessary to implement the rights and duties of
242	240		spouses or parents under the laws of this state, gender-specific
243	241		terminology must be construed in a neutral manner to refer to a
244	242		person of either gender.
245	243		SECTION 1.13. Section 108.009(b), Family Code, is amended
246	244		to read as follows:
247	245		(b) The new certificate may not show that a parent-child
248	246		[the father and child] relationship was established after the
249	247		child's birth but may show the child's actual place and date of
250	248		birth.
251	249		SECTION 1.14. Section 152.310(d), Family Code, is amended
252	250		to read as follows:
253	251		(d) A privilege against disclosure of communications
254	252		between spouses and a defense of immunity based on the relationship
255	253		of spouses [husband and wife] or parent and child may not be invoked
256	254		in a proceeding under this subchapter.
257	255		SECTION 1.15. Section 153.312(b), Family Code, is amended
258	256		to read as follows:
259	257		(b) The following provisions govern possession of the child
260	258		for vacations and certain specific holidays and supersede
261	259		conflicting weekend or Thursday periods of possession. The
262	260		possessory conservator and the managing conservator shall have
263	261		rights of possession of the child as follows:
264	262		(1) the possessory conservator shall have possession
265	263		in even-numbered years, beginning at 6 p.m. on the day the child is
266	264		dismissed from school for the school's spring vacation and ending
267	265		at 6 p.m. on the day before school resumes after that vacation, and
268	266		the managing conservator shall have possession for the same period
269	267		in odd-numbered years;
270	268		(2) if a possessory conservator:
271	269		(A) gives the managing conservator written
272	270		notice by April 1 of each year specifying an extended period or
273	271		periods of summer possession, the possessory conservator shall have
274	272		possession of the child for 30 days beginning not earlier than the
275	273		day after the child's school is dismissed for the summer vacation
276	274		and ending not later than seven days before school resumes at the
277	275		end of the summer vacation, to be exercised in not more than two
278	276		separate periods of at least seven consecutive days each, with each
279	277		period of possession beginning and ending at 6 p.m. on each
280	278		applicable day; or
281	279		(B) does not give the managing conservator
282	280		written notice by April 1 of each year specifying an extended period
283	281		or periods of summer possession, the possessory conservator shall
284	282		have possession of the child for 30 consecutive days beginning at 6
285	283		p.m. on July 1 and ending at 6 p.m. on July 31;
286	284		(3) if the managing conservator gives the possessory
287	285		conservator written notice by April 15 of each year, the managing
288	286		conservator shall have possession of the child on any one weekend
289	287		beginning Friday at 6 p.m. and ending at 6 p.m. on the following
290	288		Sunday during one period of possession by the possessory
291	289		conservator under Subdivision (2), provided that the managing
292	290		conservator picks up the child from the possessory conservator and
293	291		returns the child to that same place; and
294	292		(4) if the managing conservator gives the possessory
295	293		conservator written notice by April 15 of each year or gives the
296	294		possessory conservator 14 days' written notice on or after April 16
297	295		of each year, the managing conservator may designate one weekend
298	296		beginning not earlier than the day after the child's school is
299	297		dismissed for the summer vacation and ending not later than seven
300	298		days before school resumes at the end of the summer vacation, during
301	299		which an otherwise scheduled weekend period of possession by the
302	300		possessory conservator will not take place, provided that the
303	301		weekend designated does not interfere with the possessory
304	302		conservator's period or periods of extended summer possession or
305	303		with Father's Day if the possessory conservator is a [the] father of
306	304		the child who is entitled to possession of the child for Father's
307	305		Day weekend that year.
308	306		SECTION 1.16. Sections 153.313 and 153.314, Family Code,
309	307		are amended to read as follows:
310	308		Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
311	309		the possessory conservator resides more than 100 miles from the
312	310		residence of the child, the possessory conservator shall have the
313	311		right to possession of the child as follows:
314	312		(1) either regular weekend possession beginning on the
315	313		first, third, and fifth Friday as provided under the terms
316	314		applicable to parents who reside 100 miles or less apart or not more
317	315		than one weekend per month of the possessory conservator's choice
318	316		beginning at 6 p.m. on the day school recesses for the weekend and
319	317		ending at 6 p.m. on the day before school resumes after the weekend,
320	318		provided that the possessory conservator gives the managing
321	319		conservator 14 days' written or telephonic notice preceding a
322	320		designated weekend, and provided that the possessory conservator
323	321		elects an option for this alternative period of possession by
324	322		written notice given to the managing conservator within 90 days
325	323		after the parties begin to reside more than 100 miles apart, as
326	324		applicable;
327	325		(2) each year beginning at 6 p.m. on the day the child
328	326		is dismissed from school for the school's spring vacation and
329	327		ending at 6 p.m. on the day before school resumes after that
330	328		vacation;
331	329		(3) if the possessory conservator:
332	330		(A) gives the managing conservator written
333	331		notice by April 1 of each year specifying an extended period or
334	332		periods of summer possession, the possessory conservator shall have
335	333		possession of the child for 42 days beginning not earlier than the
336	334		day after the child's school is dismissed for the summer vacation
337	335		and ending not later than seven days before school resumes at the
338	336		end of the summer vacation, to be exercised in not more than two
339	337		separate periods of at least seven consecutive days each, with each
340	338		period of possession beginning and ending at 6 p.m. on each
341	339		applicable day; or
342	340		(B) does not give the managing conservator
343	341		written notice by April 1 of each year specifying an extended period
344	342		or periods of summer possession, the possessory conservator shall
345	343		have possession of the child for 42 consecutive days beginning at 6
346	344		p.m. on June 15 and ending at 6 p.m. on July 27;
347	345		(4) if the managing conservator gives the possessory
348	346		conservator written notice by April 15 of each year the managing
349	347		conservator shall have possession of the child on one weekend
350	348		beginning Friday at 6 p.m. and ending at 6 p.m. on the following
351	349		Sunday during one period of possession by the possessory
352	350		conservator under Subdivision (3), provided that if a period of
353	351		possession by the possessory conservator exceeds 30 days, the
354	352		managing conservator may have possession of the child under the
355	353		terms of this subdivision on two nonconsecutive weekends during
356	354		that time period, and further provided that the managing
357	355		conservator picks up the child from the possessory conservator and
358	356		returns the child to that same place; and
359	357		(5) if the managing conservator gives the possessory
360	358		conservator written notice by April 15 of each year, the managing
361	359		conservator may designate 21 days beginning not earlier than the
362	360		day after the child's school is dismissed for the summer vacation
363	361		and ending not later than seven days before school resumes at the
364	362		end of the summer vacation, to be exercised in not more than two
365	363		separate periods of at least seven consecutive days each, with each
366	364		period of possession beginning and ending at 6 p.m. on each
367	365		applicable day, during which the possessory conservator may not
368	366		have possession of the child, provided that the period or periods so
369	367		designated do not interfere with the possessory conservator's
370	368		period or periods of extended summer possession or with Father's
371	369		Day if the possessory conservator is a [the] father of the child who
372	370		is entitled to possession of the child for Father's Day weekend that
373	371		year.
374	372		Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
375	373		PARENTS RESIDE APART. The following provisions govern possession
376	374		of the child for certain specific holidays and supersede
377	375		conflicting weekend or Thursday periods of possession without
378	376		regard to the distance the parents reside apart. The possessory
379	377		conservator and the managing conservator shall have rights of
380	378		possession of the child as follows:
381	379		(1) the possessory conservator shall have possession
382	380		of the child in even-numbered years beginning at 6 p.m. on the day
383	381		the child is dismissed from school for the Christmas school
384	382		vacation and ending at noon on December 28, and the managing
385	383		conservator shall have possession for the same period in
386	384		odd-numbered years;
387	385		(2) the possessory conservator shall have possession
388	386		of the child in odd-numbered years beginning at noon on December 28
389	387		and ending at 6 p.m. on the day before school resumes after that
390	388		vacation, and the managing conservator shall have possession for
391	389		the same period in even-numbered years;
392	390		(3) the possessory conservator shall have possession
393	391		of the child in odd-numbered years, beginning at 6 p.m. on the day
394	392		the child is dismissed from school before Thanksgiving and ending
395	393		at 6 p.m. on the following Sunday, and the managing conservator
396	394		shall have possession for the same period in even-numbered years;
397	395		(4) the parent not otherwise entitled under this
398	396		standard possession order to present possession of a child on the
399	397		child's birthday shall have possession of the child beginning at 6
400	398		p.m. and ending at 8 p.m. on that day, provided that the parent
401	399		picks up the child from the residence of the conservator entitled to
402	400		possession and returns the child to that same place;
403	401		(5) if a conservator, the father shall have possession
404	402		of the child beginning at 6 p.m. on the Friday preceding Father's
405	403		Day and ending on Father's Day at 6 p.m., provided that, if he is not
406	404		otherwise entitled under this standard possession order to present
407	405		possession of the child, he picks up the child from the residence of
408	406		the conservator entitled to possession and returns the child to
409	407		that same place, except that if the child has two fathers appointed
410	408		as conservators, the managing conservator shall have possession of
411	409		the child for the period described by this subdivision in
412	410		even-numbered years and the possessory conservator shall have
413	411		possession of the child for that period in odd-numbered years; and
414	412		(6) if a conservator, the mother shall have possession
415	413		of the child beginning at 6 p.m. on the Friday preceding Mother's
416	414		Day and ending on Mother's Day at 6 p.m., provided that, if she is
417	415		not otherwise entitled under this standard possession order to
418	416		present possession of the child, she picks up the child from the
419	417		residence of the conservator entitled to possession and returns the
420	418		child to that same place, except that if the child has two mothers
421	419		appointed as conservators, the managing conservator shall have
422	420		possession of the child for the period described by this
423	421		subdivision in even-numbered years and the possessory conservator
424	422		shall have possession of the child for that period in odd-numbered
425	423		years.
426	424		SECTION 1.17. Section 159.316(i), Family Code, is amended
427	425		to read as follows:
428	426		(i) The defense of immunity based on the relationship of
429	427		spouses [husband and wife] or of parent and child does not apply in
430	428		a proceeding under this chapter.
431	429		SECTION 1.18. Section 162.014(a), Family Code, is amended
432	430		to read as follows:
433	431		(a) If the joint petitioners are spouses [husband and wife]
434	432		and it would be unduly difficult for one of the petitioners to
435	433		appear at the hearing, the court may waive the attendance of that
436	434		petitioner if the other spouse is present.
437	435		SECTION 1.19. The following provisions of the Family Code
438	436		are repealed:
439	437		(1) Section 2.001(b); and
440	438		(2) Section 6.204.
441	439		SECTION 1.20. The change in law made by this article to
442	440		Section 108.009(b), Family Code, applies only to a new birth
443	441		certificate for a child born on or after the effective date of this
444	442		Act. A new birth certificate for a child born before that date is
445	443		governed by the law in effect on the date the child was born, and the
446	444		former law is continued in effect for that purpose.
447	445		SECTION 1.21. The changes in law made by this article to
448	446		Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
449	447		to a court order providing for possession of or access to a child
450	448		rendered on or after the effective date of this Act. A court order
451	449		rendered before the effective date of this Act is governed by the
452	450		law in effect on the date the order was rendered, and the former law
453	451		is continued in effect for that purpose.
454	452		ARTICLE 2. AGRICULTURE CODE PROVISIONS
455	453		SECTION 2.01. Section 72.026(c), Agriculture Code, is
456	454		amended to read as follows:
457	455		(c) Both spouses [A husband and wife] are jointly and
458	456		severally responsible for the execution of an order under Section
459	457		72.025(c) of this code in relation to their community estate. Each
460	458		spouse is responsible for the execution of an order in relation to
461	459		his or her separate estate. In addition, each spouse is responsible
462	460		for the execution of an order in relation to the other spouse's
463	461		separate estate if he or she is the caretaker of premises belonging
464	462		to the separate estate of the other spouse.
465	463		SECTION 2.02. Section 167.055(b), Agriculture Code, is
466	464		amended to read as follows:
467	465		(b) Both spouses [A husband and wife] are jointly and
468	466		severally liable for the treatment of animals subject to treatment
469	467		that belong to their community estate. Each spouse is responsible
470	468		for the treatment of animals belonging to that person's separate
471	469		estate, except that a spouse who is the caretaker of animals owned
472	470		by the other spouse is responsible for the treatment of the animals.
473	471		ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISION
474	472		SECTION 3.01. Section 109.53, Alcoholic Beverage Code, is
475	473		amended to read as follows:
476	474		Sec. 109.53. CITIZENSHIP OF PERMITTEE; CONTROL OF PREMISES;
477	475		SUBTERFUGE OWNERSHIP; ETC. A person who has not been a citizen of
478	476		Texas for a period of one year immediately preceding the filing of
479	477		the person's application therefor is not eligible to receive a
480	478		permit under this code. No permit shall be issued to a corporation
481	479		unless the same be incorporated under the laws of the state and
482	480		unless at least 51 percent of the stock of the corporation is owned
483	481		at all times by citizens who have resided within the state for a
484	482		period of one year and who possess the qualifications required of
485	483		other applicants for permits; provided, however, that the
486	484		restrictions contained in the preceding clause shall not apply to
487	485		domestic or foreign corporations that were engaged in the legal
488	486		alcoholic beverage business in this state under charter or permit
489	487		prior to August 24, 1935. Partnerships, firms, and associations
490	488		applying for permits shall be composed wholly of citizens
491	489		possessing the qualifications above enumerated. Any corporation
492	490		(except carrier) holding a permit under this code which shall
493	491		violate any provisions hereof, or any rule or regulation
494	492		promulgated hereunder, shall be subject to forfeiture of its
495	493		charter and it shall be the duty of the attorney general, when any
496	494		such violation is called to the attorney general's attention, to
497	495		file a suit for such cancellation in a district court of Travis
498	496		County. The provisions of this section that require Texas
499	497		citizenship or require incorporation in Texas do not apply to the
500	498		holders of carrier's permits. A person may not sell, warehouse,
501	499		store or solicit orders for any liquor in any wet area without first
502	500		having procured a permit of the class required for such privilege,
503	501		or consent to the use of or allow the person's permit to be
504	502		displayed by or used by any person other than the one to whom the
505	503		permit was issued. It is the intent of the legislature to prevent
506	504		subterfuge ownership of or unlawful use of a permit or the premises
507	505		covered by such permit; and all provisions of this code shall be
508	506		liberally construed to carry out this intent, and it shall be the
509	507		duty of the commission or the administrator to provide strict
510	508		adherence to the general policy of preventing subterfuge ownership
511	509		and related practices hereinafter declared to constitute unlawful
512	510		trade practices. An applicant for a package store permit or a
513	511		renewal of a package store permit may not designate as "premise" and
514	512		the commission shall not approve a lesser area than that
515	513		specifically defined as "premise" in Section 11.49(a). Every
516	514		permittee shall have and maintain exclusive occupancy and control
517	515		of the entire licensed premises in every phase of the storage,
518	516		distribution, possession, and transportation and sale of all
519	517		alcoholic beverages purchased, stored or sold on the licensed
520	518		premises. Any device, scheme or plan which surrenders control of
521	519		the employees, premises or business of the permittee to persons
522	520		other than the permittee shall be unlawful. No minor, unless
523	521		accompanied by his or her parent, guardian, adult spouse [husband
524	522		or adult wife], or other adult person into whose custody he or she
525	523		has been committed for the time by some court, shall knowingly be
526	524		allowed on the premises of the holder of a package store permit.
527	525		The prohibition against the presence of a minor on the premises of
528	526		the holder of a package store permit does not apply to the presence
529	527		on the premises of the holder or a person lawfully employed by the
530	528		holder. Any package store permittee who shall be injured in the
531	529		permittee's business or property by another package store permittee
532	530		by reason of anything prohibited in this section may institute suit
533	531		in any district court in the county wherein the violation is alleged
534	532		to have occurred to require enforcement by injunctive procedures
535	533		and/or to recover threefold the damages sustained by the permittee;
536	534		plus costs of suit including a reasonable attorney's fee. The
537	535		provisions prohibiting the licensing of only a portion of a
538	536		building as premise for a package store permit shall not apply to
539	537		hotels as already defined in this code.
540	538		ARTICLE 4. ESTATES CODE PROVISIONS
541	539		SECTION 4.01. Section 121.151, Estates Code, is amended to
542	540		read as follows:
543	541		Sec. 121.151. DISTRIBUTION OF COMMUNITY
544	542		PROPERTY. (a) This section applies to community property,
545	543		including the proceeds of life or accident insurance that are
546	544		community property and become payable to the estate of either
547	545		spouse [the husband or wife].
548	546		(b) If both spouses [a husband and wife] die leaving
549	547		community property but neither survives the other by 120 hours,
550	548		one-half of all community property shall be distributed as if one
551	549		spouse [the husband] had survived, and the other one-half shall be
552	550		distributed as if the other spouse [wife] had survived.
553	551		SECTION 4.02. Section 1104.001(b), Estates Code, is amended
554	552		to read as follows:
555	553		(b) Subsection (a) does not prohibit the joint appointment,
556	554		if the court finds it to be in the best interest of the
557	555		incapacitated person or ward, of:
558	556		(1) spouses [a husband and wife];
559	557		(2) joint managing conservators;
560	558		(3) co-guardians appointed under the laws of a
561	559		jurisdiction other than this state; or
562	560		(4) both parents of an adult who is incapacitated if
563	561		the incapacitated person:
564	562		(A) has not been the subject of a suit affecting
565	563		the parent-child relationship; or
566	564		(B) has been the subject of a suit affecting the
567	565		parent-child relationship and both of the incapacitated person's
568	566		parents were named as joint managing conservators in the suit but
569	567		are no longer serving in that capacity.
570	568		ARTICLE 5. FINANCE CODE PROVISIONS
571	569		SECTION 5.01. Section 65.103, Finance Code, is amended to
572	570		read as follows:
573	571		Sec. 65.103. JOINT TENANCY ACCOUNT HELD BY SPOUSES [HUSBAND
574	572		AND WIFE]. (a) Spouses [A husband and wife] may enter into a
575	573		savings contract that creates a joint tenancy with right of
576	574		survivorship with respect to community property deposited in a
577	575		savings account and any future additions or dividends made or
578	576		credited to the account.
579	577		(b) An agreement under Subsection (a) must be in writing and
580	578		subscribed to by the spouses [husband and wife] but is not required
581	579		to be acknowledged.
582	580		SECTION 5.02. Section 342.501(a), Finance Code, is amended
583	581		to read as follows:
584	582		(a) An authorized lender may not induce or permit a person
585	583		or spouses [a husband and wife] to be directly or indirectly
586	584		obligated under more than one loan contract at any time for the
587	585		purpose or with the effect of obtaining an amount of interest
588	586		greater than the amount of interest otherwise authorized under this
589	587		chapter for a loan of that aggregate amount with a maximum interest
590	588		charge computed under Section 342.201(a), Section 342.201(e),
591	589		Section 342.252, or any combination of those sections.
592	590		SECTION 5.03. Section 345.080(a), Finance Code, is amended
593	591		to read as follows:
594	592		(a) A retail seller may not induce a person or spouses [a
595	593		husband and wife] to become obligated at substantially the same
596	594		time under more than one retail installment contract with the same
597	595		seller for the deliberate purpose of obtaining a greater amount of
598	596		time price differential than is permitted under this chapter for
599	597		one retail installment contract.
600	598		ARTICLE 6. GOVERNMENT CODE PROVISIONS
601	599		SECTION 6.01. Section 24.601(b), Government Code, is
602	600		amended to read as follows:
603	601		(b) A family district court has primary responsibility for
604	602		cases involving family law matters. These matters include:
605	603		(1) adoptions;
606	604		(2) birth records;
607	605		(3) divorce and marriage annulment;
608	606		(4) child welfare, custody, support and reciprocal
609	607		support, dependency, neglect, and delinquency;
610	608		(5) parent and child; and
611	609		(6) spouses [husband and wife].
612	610		SECTION 6.02. Section 573.025(a), Government Code, is
613	611		amended to read as follows:
614	612		(a) Spouses [A husband and wife] are related to each other
615	613		in the first degree by affinity. For other relationships by
616	614		affinity, the degree of relationship is the same as the degree of
617	615		the underlying relationship by consanguinity. For example: if two
618	616		individuals are related to each other in the second degree by
619	617		consanguinity, the spouse of one of the individuals is related to
620	618		the other individual in the second degree by affinity.
621	619		SECTION 6.03. Section 662.071(a), Government Code, is
622	620		amended to read as follows:
623	621		(a) May 8 is Military Spouse Appreciation Day to recognize
624	622		the role of the spouses [wives and husbands] of the brave
625	623		individuals who serve in the United States armed forces or state
626	624		military forces. This day commemorates:
627	625		(1) the sacrifices military spouses make during the
628	626		weeks, months, and years a loved one is away from home protecting
629	627		our freedom; and
630	628		(2) the vital support military spouses provide to
631	629		veterans returning home from military service.
632	630		SECTION 6.04. Sections 810.001(h) and (i), Government Code,
633	631		are repealed.
634	632		ARTICLE 7. HEALTH AND SAFETY CODE PROVISIONS
635	633		SECTION 7.01. Section 85.007(b), Health and Safety Code, is
636	634		amended to read as follows:
637	635		(b) The materials in the education programs intended for
638	636		persons younger than 18 years of age must[:
639	637		[(1)] emphasize sexual abstinence before marriage and
640	638		fidelity in marriage as the expected standard in terms of public
641	639		health and the most effective ways to prevent HIV infection,
642	640		sexually transmitted diseases, and unwanted pregnancies[; and
643	641		[(2) state that homosexual conduct is not an acceptable
644	642		lifestyle and is a criminal offense under Section 21.06, Penal
645	643		Code].
646	644		SECTION 7.02. Section 163.001(a), Health and Safety Code,
647	645		is amended to read as follows:
648	646		(a) The department shall develop a model public health
649	647		education program suitable for school-age children and shall make
650	648		the program available to any person on request. The program should
651	649		emphasize:
652	650		(1) that abstinence from sexual intercourse is the
653	651		most effective protection against unwanted teenage pregnancy,
654	652		sexually transmitted diseases, and acquired immune deficiency
655	653		syndrome (AIDS) when transmitted sexually;
656	654		(2) that abstinence from sexual intercourse outside of
657	655		[lawful] marriage is the expected societal standard for school-age
658	656		unmarried persons; and
659	657		(3) the physical, emotional, and psychological
660	658		dangers of substance abuse, including the risk of acquired immune
661	659		deficiency syndrome (AIDS) through the sharing of needles during
662	660		intravenous drug usage.
663	661		SECTION 7.03. Section 163.002, Health and Safety Code, is
664	662		amended to read as follows:
665	663		Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
666	664		instruction relating to sexual education or sexually transmitted
667	665		diseases should include:
668	666		(1) an emphasis on sexual abstinence as the only
669	667		completely reliable method of avoiding unwanted teenage pregnancy
670	668		and sexually transmitted diseases;
671	669		(2) an emphasis on the importance of self-control,
672	670		responsibility, and ethical conduct in making decisions relating to
673	671		sexual behavior;
674	672		(3) statistics, based on the latest medical
675	673		information, that indicate the efficacy of the various forms of
676	674		contraception;
677	675		(4) information concerning the laws relating to the
678	676		financial responsibilities associated with pregnancy, childbirth,
679	677		and child rearing;
680	678		(5) information concerning the laws prohibiting
681	679		sexual abuse and the legal and counseling options available to
682	680		victims of sexual abuse;
683	681		(6) information on how to cope with and rebuff
684	682		unwanted physical and verbal sexual advances, as well as the
685	683		importance of avoiding the sexual exploitation of other persons;
686	684		and
687	685		(7) psychologically sound methods of resisting
688	686		unwanted peer pressure[; and
689	687		[(8) emphasis, provided in a factual manner and from a
690	688		public health perspective, that homosexuality is not a lifestyle
691	689		acceptable to the general public and that homosexual conduct is a
692	690		criminal offense under Section 21.06, Penal Code].
693	691		SECTION 7.04. Section 191.0046(b), Health and Safety Code,
694	692		is amended to read as follows:
695	693		(b) The state registrar shall issue without fee a certified
696	694		copy of a record not otherwise prohibited by law to a veteran or to
697	695		the veteran's widow or widower, orphan, or other dependent if the
698	696		copy is for use in settling a claim against the government.
699	697		SECTION 7.05. Section 193.006(a), Health and Safety Code,
700	698		is amended to read as follows:
701	699		(a) This section applies to the death certificate of a
702	700		person who:
703	701		(1) served in a war, campaign, or expedition of the
704	702		United States, the Confederate States of America, or the Republic
705	703		of Texas;
706	704		(2) was the spouse, widower, [wife] or widow of a
707	705		person who served in a war, campaign, or expedition of the United
708	706		States, the Confederate States of America, or the Republic of
709	707		Texas; or
710	708		(3) at the time of death was in the service of the
711	709		United States.
712	710		SECTION 7.06. Section 574.045(d), Health and Safety Code,
713	711		is amended to read as follows:
714	712		(d) A female patient must be accompanied by a female
715	713		attendant unless the patient is accompanied by a spouse or a
716	714		relative within the first degree of consanguinity [her father,
717	715		husband, or adult brother or son].
718	716		ARTICLE 8. PENAL CODE PROVISIONS
719	717		SECTION 8.01. Section 21.11(b), Penal Code, is amended to
720	718		read as follows:
721	719		(b) It is an affirmative defense to prosecution under this
722	720		section that the actor:
723	721		(1) was not more than three years older than the victim
724	722		[and of the opposite sex];
725	723		(2) did not use duress, force, or a threat against the
726	724		victim at the time of the offense; and
727	725		(3) at the time of the offense:
728	726		(A) was not required under Chapter 62, Code of
729	727		Criminal Procedure, to register for life as a sex offender; or
730	728		(B) was not a person who under Chapter 62, Code of
731	729		Criminal Procedure, had a reportable conviction or adjudication for
732	730		an offense under this section.
733	731		SECTION 8.02. Section 25.01(d), Penal Code, is amended to
734	732		read as follows:
735	733		(d) For the purposes of this section, the lawful spouse
736	734		[wife or husband] of the actor may testify both for or against the
737	735		actor concerning proof of the original marriage.
738	736		SECTION 8.03. Section 21.06, Penal Code, is repealed.
739	737		SECTION 8.04. The change in law made by this article to
740	738		Section 21.11, Penal Code, applies to an offense committed on or
741	739		after the effective date of this Act and to any criminal action
742	740		pending on the effective date of this Act for an offense committed
743	741		before that effective date. A final conviction for an offense under
744	742		Section 21.11, Penal Code, that exists on the effective date of this
745	743		Act is unaffected by this Act.
746	744		ARTICLE 9. PROPERTY CODE PROVISION
747	745		SECTION 9.01. Section 222.006(a), Property Code, is amended
748	746		to read as follows:
749	747		(a) Before or at the time of the use of any promotion in
750	748		connection with the offering of a membership interest or membership
751	749		right in a membership camping resort, the person who intends to use
752	750		the promotion shall include the following information in its
753	751		advertisements to the prospective purchaser:
754	752		(1) a statement to the effect that the promotion is
755	753		intended to solicit purchasers of membership interests or
756	754		membership rights in a membership camping resort;
757	755		(2) the full name of the operator and seller of the
758	756		membership interest or membership right in the membership camping
759	757		resort;
760	758		(3) if applicable, the full name and address of any
761	759		marketing company involved in the promotion of the membership
762	760		camping resort;
763	761		(4) the complete rules of the promotion;
764	762		(5) the method of awarding, the odds of winning, and
765	763		the approximate retail value of prizes, gifts, or other benefits
766	764		under the promotion and the date by which each prize, gift, or other
767	765		benefit will be awarded or conferred;
768	766		(6) any restrictions, qualifications, or other
769	767		conditions that the recipient must satisfy before the recipient is
770	768		entitled to receive a prize, gift, or other benefit, including:
771	769		(A) any deadline by which the recipient must
772	770		visit the membership camping resort, attend the sales presentation,
773	771		or contact a seller in order to receive the prize, gift, or other
774	772		benefit;
775	773		(B) the date on which the offer expires; and
776	774		(C) any other conditions, including minimum age
777	775		qualifications, financial qualifications, or a requirement that if
778	776		the recipient is married both spouses [husband and wife] must be
779	777		present in order to receive the prize, gift, or other benefit;
780	778		(7) if applicable, a statement that the operator or
781	779		seller reserves the right to provide a certificate with which to
782	780		redeem or claim the prize, gift, or other benefit awarded and that
783	781		the prize, gift, or other benefit shall be shipped or delivered to
784	782		the recipient within 30 days following the mailing of the
785	783		certificate; and
786	784		(8) if applicable, a statement that the operator or
787	785		seller reserves the right to substitute a prize, gift, or other
788	786		benefit of equal value for the prize, gift, or other benefit awarded
789	787		if the item is not available to the operator or seller after the
790	788		purchaser or prospect has complied with the provisions of the
791	789		promotion.
792	790		ARTICLE 10. EFFECTIVE DATE
793	791		SECTION 10.01. This Act takes effect September 1, 2025.