BILL ANALYSIS H.B. 3196 By: Moreno (Montford) Jurisprudence 5-17-95 Senate Committee Report (Unamended) BACKGROUND In contrast to justices of the peace, district and county court at law judges are not statutorily entitled to receive a fee for the performance of a marriage ceremony. Nevertheless, these judges have traditionally performed marriages and accepted a marriage fee, generally not in excess of $25. However, when Section 36.07, Penal Code, was enacted, public servants were prohibited from accepting honorariums in consideration for certain services performed. Section 1.83, Family Code, specifically names a district judge as one of the many persons who are authorized to conduct a marriage ceremony. Initially, several judges sought to distinguish a fee from an honorarium, and thereby continue to collect the fees. Other judges have simply informed a couple seeking to be married that they do not charge a fee, but would accept a gratuity. In the City of El Paso, the former district attorney and county attorney issued opinions upon request, which allowed the state district and county court at law judges to charge and accept a fee for the performance of the marriage ceremony. The current district attorney has indicated some reservations about the practice. In addition, the four newest members of the El Paso judiciary were informed that the collection of a fee for the performance of marriage ceremonies was strictly prohibited by both the Code of Judicial Conduct and the Texas Penal Code. PURPOSE As proposed, H.B. 3196 authorizes judges and justices who perform marriage ceremonies to charge and collect a fee for that purpose. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 21, Government Code, by adding Section 21.003, as follows: Sec. 21.003. FEE FOR MARRIAGE CEREMONY. Authorizes a judge or justice who performs a marriage ceremony to receive a fee, commission, or payment for performing a marriage ceremony. SECTION 2. Amends Section 36.07, Penal Code, by adding Subsection (d), to provide that this section does not apply to a judge or justice who receives a fee, commission, or payment for performing a marriage ceremony. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.