By: Holzheauser H.B. No. 349
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who are authorized to conduct marriage
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.83, Family Code, is amended by amending
1-6 Subsection (a) and adding Subsection (e) to read as follows:
1-7 (a) The following persons are authorized to conduct marriage
1-9 (1) licensed or ordained Christian ministers and
1-11 (2) Jewish rabbis;
1-12 (3) persons who are officers of religious
1-13 organizations and who are duly authorized by the organization to
1-14 conduct marriage ceremonies; <
1-15 (4) justices of the supreme court, judges of the court
1-16 of criminal appeals, justices of the courts of appeals, judges of
1-17 the district, county, and probate courts, and judges of the county
1-18 courts at law, family district courts, justice courts, and
1-19 municipal courts, including municipal courts of record; < courts of
1-20 domestic relations and juvenile courts,>
1-21 (5) retired justices and judges of < such> courts
1-22 listed in Subdivision (4) of this subsection;< , justices of the
1-23 peace, retired justices of the peace,> and
1-24 (6) judges and magistrates of the federal courts of
2-1 this state.
2-2 (e) A judge or justice authorized to conduct a marriage
2-3 ceremony under Subsection (a)(4) of this section must dispose of
2-4 any fee, commission, or payment paid to the judge or justice for
2-5 performing the ceremony by paying the fee, commission, or payment
2-6 to the appropriate officer of the governmental entity that pays the
2-7 salary of the judge or justice if the ceremony was performed during
2-8 the official work hours or regularly scheduled office hours of the
2-9 judge or justice.
2-10 SECTION 2. Sections 154.005(a) and (b), Local Government
2-11 Code, are amended to read as follows:
2-12 (a) A justice of the peace may receive, in addition to a
2-13 salary, all fees, commissions, or payments for < performing marriage
2-14 ceremonies, for> acting as registrar for the Bureau of Vital
2-15 Statistics< ,> and for acting as ex officio notary public.
2-16 (b) A justice of the peace or a county judge who receives
2-17 < may receive, in addition to> a fee, commission, or payment
2-18 < salary, all fees, commissions, or payments> for performing a
2-19 marriage ceremony must dispose of the fee, commission, or payment
2-20 as required by Section 1.83(e), Family Code < ceremonies>.
2-21 SECTION 3. This Act takes effect September 1, 1993.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.