SRC-JXG H.B. 2442 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2442
76R11979 JMM-FBy: Goodman (Ellis)
Jurisprudence
4/30/1999
Engrossed


DIGEST 

After remaining stable during the 1950s, the divorce rate in the United
States increased in the 1960s, doubled between 1966 and 1976, and leveled
off at a high rate in the 1980s. In order to combat the high divorce rate,
a premarital education course may benefit couples who are uncertain of
their choice to get married. Research indicates that 10 to 15 percent of
couples taking a premarital education course decide not to marry. H.B. 2442
would encourage applicants for a marriage license to attend a premarital
education course for at least four hours.  

PURPOSE

As proposed, H.B. 2442 sets forth provisions for a premarital education
course. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.009(c), Family Code, to require the county
clerk to enter on the license the names of the licensees, distribute to
each applicant a premarital education handbook provided by the attorney
general under Section 2.014, and other requirements, on the proper
execution of the application. Deletes text requiring the clerk to record
information on the reverse side. Makes conforming and nonsubstantive
changes. 

SECTION 2. Amends Chapter 2A, Family Code, by adding Sections 2.013 and
2.014, as follows: 

Sec. 2.013. PREMARITAL EDUCATION REQUIREMENTS; WAIVER. (a) Provides that
each person applying for a marriage license is encouraged to attend a
premarital education course of at least four hours during the year
preceding the date of the application for the license.  

(b) Provides that the course under Subsection (a) may be completed by
personal instruction, videotape instruction, instruction through an
electronic medium, or a combination of these methods.  

(c) Requires a premarital education course to include instruction in
conflict management, communication skills, children and parenting
responsibilities, and financial responsibilities.  

(d) Requires a course under this subsection to be offered by a mental
health professional who holds at least a master's degree with a background
in family therapy, or a religious practitioner who performs counseling
consistent with the laws of this state or another person designated as a
program counselor by a church or religious institution. 
 
(e) Authorizes each county clerk to maintain a roster of area course
providers who meet the requirements of this section, including providers
who offer the course on a sliding scale or without charge. Authorizes the
clerk to provide a copy of the roster on request to an applicant for a
marriage license.  

 (f) Requires an applicant for a marriage license who takes a course under
this section to pay any fee charged for the course.  

(g) Requires a person who seeks to be listed as a course provider on a list
maintained under Subsection (e) to notify the county clerk of the county in
which the person intends to offer a course. Requires the notification to
include the applicant's professional license number or evidence of the
person's position or affiliation with a church or religious institution, as
appropriate, and an address at which the course provider may be contacted. 

Sec. 2.014. FAMILY TRUST FUND. (a) Provides that the family trust fund is
created as a trust fund with the state comptroller and shall be
administered by the attorney general for the beneficiaries of the fund.  

(b) Sets forth provisions for the money in the trust fund. 

(c) Requires the premarital education handbook under Subsection (b)(1) to
be distributed to each applicant for a marriage license as provided by
Section 2.009(c)(5) and to contain information on conflict management,
communication skills, children and parenting responsibilities, and
financial responsibilities.  
 
(d) Requires the attorney general to appoint an advisory committee to
assist in the development of the premarital education handbook. Requires
the advisory committee to consist of nine members, including at least three
members who are eligible under Section 2.013(d) to provide a premarital
education course. Provides that a member of the advisory committee is not
entitled to reimbursement of the member's expenses. 

SECTION 3. Amends Section 118.011(a), Local Government Code, to increase
the fee for a marriage license from $25 to $30. 

SECTION 4. Amends Section 118.018, Local Government Code, by adding
Subsection (c), to require the county clerk who collects a fee under this
section from a marriage license applicant to remit $3 of that fee to the
comptroller for deposit in the family trust fund established under Section
2.014, Family Code. 

SECTION 5. (a) Repealer: Section 1, Chapter 698, Acts of the 75th
Legislature, Regular Session, 1997 (regarding issuance of a license). 

(b) Provides that to the extent of any conflict, this Act prevails over
another Act of the 76th Legislature, Regular Session, 1999, relating to
nonsubstantive additions to and corrections in enacted codes. 

SECTION 6. Effective date: September 1, 1999.
           Makes application of this Act prospective. 

SECTION 7. Emergency clause.