HBA-SEB H.B. 2442 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 2442
By: Goodman
Juvenile Justice and Family Issues
4/8/1999
Introduced
BACKGROUND AND PURPOSE
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 requires applicants for a marriage license to verify completion of a
premarital education course of at least four hours in length. This bill
defines the qualifications of those who can teach such a course, permits
waiver of the course requirement by signing an affidavit of hardship or
refusal to take the course, and authorizes the creation of a family law
handbook by the family law council of the State Bar of Texas.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly 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 add a requirement that
must be satisfied in applying for a marriage license, except as provided by
Section 2.006 (Absent Applicant). Establishes that each person applying
for a marriage license must provide proof of completion of a premarital
education course or submit an affidavit of waiver of that requirement as
provided by Section 2.013. Redesignates existing Subdivision (5) to
Subdivision (6).
SECTION 2. Amends Section 2.009, Family Code, to conform to Section 1,
Chapter 698, Acts of the 75th Legislature, Regular Session, 1997, and by
amending Subsections (a) and (c) and adding Subsection (e), as follows:
(a) Prohibits a county clerk from issuing a marriage license if either
applicant fails to submit proof of completion of a premarital education
course or an affidavit of a waiver of that requirement. Makes a conforming
change.
(c) Requires a county clerk, on proper execution of an application, to
distribute to each applicant an unsigned anonymous questionnaire that the
applicant may complete and return to the clerk. Makes conforming and
nonsubstantive changes.
(e) Requires a county clerk to maintain each questionnaire in a separate
file to preserve the confidentiality of the information. Requires the
clerk to provide the questionnaire on request to the researchers from the
Texas Tech University human development and family studies department.
Requires the researchers to develop the questionnaire and to provide
sufficient copies to the county clerk of each county.
SECTION 3. Amends Subchapter A, Chapter 2, Family Code, by adding Sections
2.013 and 2.014, as follows:
Sec. 2.013. PREMARITAL EDUCATION REQUIREMENTS; WAIVER. (a) Establishes
that each person applying for a marriage license must present a certificate
of completion of a premarital education course that is signed by the
course provider. Provides that the course must consist of at least four
hours and must have been completed not more than one year before the date
of the application for the license. Prohibits the certificate from being
issued to a person before the person has completed the course.
(b) Sets forth the information to be contained in a certificate of
completion of a premarital education course.
(c) Provides that a premarital education course must include instruction
in conflict management, communication skills, children and parenting
responsibilities, financial responsibilities, and other problems reported
by married persons who seek marital or individual counseling.
(d) Authorizes a person to take a premarital course from a licensed
marriage and family therapist, licensed psychologist, licensed master
social worker who is recognized as an advanced clinical practitioner,
licensed professional counselor, 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, or
any other person designated as a course provider by the county clerk,
including a properly trained school counselor.
(e) Requires each county clerk to maintain a roster of area course
providers, including providers who offer the course on a sliding scale or
without charge. Requires 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 the course to
pay the fee charged for the course.
(g) Requires a person who seeks to act as a course provider to submit a
written application to the county clerk of the county in which the person
intends to offer the course. Provides that the application must be in the
form of an affidavit that includes 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.
(h) Requires the Texas Tech University human development and family
studies department to evaluate premarital education courses offered
throughout the state to determine the effectiveness of the courses.
Authorizes the department to create premarital education pilot programs to
be administered by course providers. Requires a course offered in a pilot
program to use the statistical information and data obtained by department
researchers.
(i) Establishes that the requirement to complete a premarital education
course does not apply to an applicant for a marriage license who submits to
the county clerk an affidavit of waiver that is signed by the applicant and
states that the applicant did not complete the course because of hardship,
inability to participate in a course, or refusal to take the course.
Sec. 2.014. FAMILY TRUST FUND. Creates the family trust fund as a trust
fund with the state comptroller. Requires the attorney general to
administer the fund for the fund's beneficiaries. Establishes that money
in the trust fund is derived from depositing $10 of each marriage license
fee as authorized under Section 118.018(c), Local Government Code.
Authorizes money in the trust fund to be used only for the development and
distribution of a family law handbook by the family law council of the
State Bar of Texas, grants to institutions of higher education having
academic departments that are capable of research on marriage and divorce,
support for counties to administer free or low-cost premarital education
courses, programs intended to reduce the amount of delinquent child
support, and other programs the attorney general determines will assist
families in this state.
SECTION 4. Amends Section 118.011(a), Local Government Code, to require a
county clerk to collect $25 from an applicant for a marriage license who
completed a premarital education course and $35 for an applicant who
submitted an affidavit of waiver of the premarital education course
requirement.
SECTION 5. Amends Section 118.018, Local Government Code, by adding
Subsection (c), to require a county clerk to remit $10 of a fee from a
marriage license applicant for deposit in the family trust fund if the
applicant submits an affidavit of a waiver of the premarital education
course requirement.
SECTION 6. Authorizes the family law council of the State Bar of Texas to
create a handbook to explain provisions of state law that pertain to the
rights of married persons and the responsibilities they have to each other
and to their children, both during marriage and after dissolution of the
marriage. Authorizes the material in the handbook to be provided on
videotape or another electronic method. Provides that the handbook must be
reviewed for accuracy by a committee appointed by the supreme court.
Requires a handbook to be made available by the county clerk at the time a
person applies for a marriage license. Authorizes the clerk to also make
the information available on videotape or another electronic method.
Provides that the handbook must be updated annually and sets forth the
information that may be included in the handbook.
SECTION 7. (a) Repealer: Section 1, Chapter 698, Acts of the 75th
Legislature, Regular Session, 1997. That section currently requires a
clerk of a county to enter on a marriage license, rather than on the
reverse side of the license, the names of the licensees, the date of
issuance, and the name of the person appointed to act as proxy, if any.
(b) Establishes that this Act prevails over another act of the 76th
Legislature, Regular Session, 1999, to the extent of any conflict relating
to nonsubstantive additions to and corrections in enacted codes.
SECTION 8. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 9. Emergency clause.