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.