By:  Holzheauser                                       H.B. No. 349
       73R1634 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to persons who are authorized to conduct marriage
    1-3  ceremonies.
    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
    1-8  ceremonies:
    1-9              (1)  licensed or ordained Christian ministers and
   1-10  priests;
   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; <and>
   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.