HBA-DMD, BTC H.B. 350 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 350 By: Wohlgemuth Juvenile Justice & Family Issues 2/10/1999 Introduced BACKGROUND AND PURPOSE Texas has maintained a system of no-fault divorce since the 1970s. The availability of no-fault divorce has been cited as a reason for existing divorce rates. H.B. 350 creates and makes available covenant marriages to couples who are about to be married or couples who have already been married. To be eligible for a covenant marriage, engaged couples must attend counseling that is conducted by a licensed counselor or member of the clergy. The bill also establishes requirements that must be met for a divorce under covenant marriage. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.002, Family Code, to require persons applying for a license for a covenant marriage to complete an affidavit of intent to contract a covenant marriage. SECTION 2. Amends Section 2.004, Family Code, by adding Subsection (c) to require the application form for a covenant marriage to state, "We, (husband's name) and (wife's name), declare our intent to contract a covenant marriage and, accordingly, have executed an affidavit of intent to contract a covenant marriage attached to this application." SECTION 3. Amends Section 2.009, Family Code, by adding Subsection (e) to require the county clerk to note on the marriage license whether it is for a covenant marriage. SECTION 4. Amends Chapter 2, Family Code, by adding Subchapter G, as follows: SUBCHAPTER G. COVENANT MARRIAGE Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT MARRIAGE. Requires applicants for a covenant marriage to submit a signed and notarized affidavit of their intent to enter into the marriage, which must contain certain prescribed language. Sec. 2.602. DESIGNATING EXISTING MARRIAGE TO COVENANT MARRIAGE. Authorizes a married couple to designate their marriage as a covenant marriage by filing a signed and notarized affidavit of intent to designate the marriage as a covenant marriage. Requires the affidavit to contain certain prescribed language and to be filed with the county clerk that issued the marriage license under which applicants were married or the county clerk in which the couple resides if married outside of the state. Provides that a marriage becomes a covenant marriage when a couple files the affidavit of intent. Sec. 2.603. COUNSELING REQUIREMENT. Provides that a couple must receive counseling from a legally authorized marriage counselor before they enter into a covenant marriage or designate a marriage as a covenant marriage. Requires the counselor to: ensure that the couple discusses important personal issues, including financial issues and conflict resolution; discuss the seriousness of a covenant marriage; inform the couple that such a marriage is a life commitment and that it is their obligation to seek marital counseling during difficulties; and discuss any other topic the counselor considers important. Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. Requires the attorney general to prepare a pamphlet providing a full explanation of the covenant marriage and listing the grounds for divorce under Section 6.903 and the grounds for legal separation under Section 6.904, Family Code. Requires the attorney general to distribute the pamphlet to the county clerks who are required to give a copy of the pamphlet to each person applying for this license. SECTION 5. Amends Subchapter A, Chapter 6, Family Code, by adding Section 6.009, as follows: Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Provides that this subchapter does not apply to a covenant marriage. SECTION 6. Amends Chapter 6, Family Code, by adding Subchapter (J), as follows: SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL SEPARATION Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. Authorizes spouses to file suit for dissolution of the covenant marriage or legal separation. Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. Prohibits a spouse in a covenant marriage from filing a suit to dissolve the marriage unless the parties in the marriage have received counseling from a legally authorized marriage counselor. Requires the couple's participation in the counseling until the counselor or both spouses determine that the marriage is not salvageable. Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE. Authorizes the court to grant a divorce in a covenant marriage in favor of a spouse if the other spouse committed adultery; has been convicted of a felony, has been imprisoned for at least a year in a state, federal, or other state's penitentiary and has not been pardoned; left the complaining spouse with the intention of abandonment and remained away from the complaining spouse for at least two years; committed family violence as defined by Section 71.004 (Family Violence); Further provides that the court may grant a divorce if the spouses have not cohabitated for at least 3 years; or an order of legal separation has been issued to one of the spouses under Section 6.904 and they have lived apart without reconciliation for at least two years after the date a separation order is entered if there are no minor children from the marriage, or two years and six months if there is a minor child from the marriage. Prohibits the court from granting a divorce if the spouse convicted of a felony was convicted solely on the other spouse's testimony. Sec. 6.904. LEGAL SEPARATION. Authorizes a spouse in a covenant marriage to file a suit for an order of legal separation if the other spouse committed adultery; has been convicted of a felony, has been imprisoned for at least a year in a state, federal, or other state's penitentiary and has not been pardoned; left the complaining spouse with the intention of abandonment and remained away from the complaining spouse for at least one year; committed family violence as defined by Section 71.004; the spouses have not cohabitated for at least 3 years; or the other spouse habitually abuses illegal drugs or alcohol. Prohibits the court from granting an order of legal separation if the spouse convicted of a felony was convicted on the other spouse's testimony. Provides that procedures in this chapter for a suit of dissolution of a marriage apply to a suit for legal separation of a covenant marriage. SECTION 7. Amends Section 8.002, Family Code, to create Subsection (a) from existing text. Replaces "Chapter 71" with "Title 4" when referring to an act of family violence. Adds Subsection (b) to require the court to issue a temporary order for maintenance in favor of a spouse who files for legal separation of a covenant marriage based on abandonment under Section 6.904(a)(3) or dissolution of a covenant marriage. SECTION 8. Amends Section 118.011(a), Local Government Code, by adding designated fees related to this chapter to the list of fees required to be charged by the county clerk. Redesignates Subdivisions (9)-(10) as (11)-(12). SECTION 9. Amends Section 118.018(a), Local Government Code, to qualify "Covenant Marriage License" or "Affidavit of Intent to Designate a Marriage as a Covenant Marriage" as a "marriage license" for which a fee is to be paid. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause.