SRC-AXB S.B. 1162 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1162
76R7703  JMM-DBy: Wentworth
Jurisprudence
3/26/1999
As Filed


DIGEST 

The quality of parents' marriage has important implications for the
parent-child relationship. Components of a potential required premarital
education course include instruction in conflict management, communication
skills, parenting responsibilities, and financial responsibilities.  This
bill requires completion of such a course and sets forth funding provisions
to support premarital education. 

PURPOSE

As proposed, S.B. 1162 creates a requirement for completion of a premarital
education course for marriage license applicants, and provides funding
procedures and exceptions. 

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 2.002, Family Code, to require marriage license
applicants to prove completion of a premarital education course, and
provides an exception.  Makes a conforming change. 

SECTION 2.  Amends Section 2.009, Family Code, by amending Subsections (a)
and (c), and adding Subsection (e), to prohibit the issuance of a license
to a couple if an applicant fails to submit proof of completion of a
certain course or a certain affidavit of waiver.  Requires the clerk to
distribute an informational questionnaire to the applicants which they are
authorized to complete and return.  Sets forth required procedures for the
clerk regarding receipt  of the questionnaires.  Requires the Texas Tech
University human development and family studies department (department)
researchers to develop the questionnaire and supply them to each county
clerk.  Makes conforming and nonsubstantive changes. 

SECTION 3.  Amends Chapter 2A, Family Code, by adding Sections 2.013 and
2.014, as follows: 

Sec.  2.013.  PREMARITAL EDUCATION REQUIREMENTS; WAIVER.  Requires marriage
license applicants to present a signed certificate of completion of a
premarital education course (course).  Sets forth time-related requirements
for the course.  Prohibits certificates from being issued prior to course
completion.  Sets forth requirements for the certificate and the course.
Sets forth entities from whom a person is authorized to take the course.
Requires county clerks to administer a roster of area course providers.
Requires course participants to pay the course fee.  Sets forth provisions
for a person seeking to act a course provider.  Requires the department to
evaluate and determine the effectiveness of the courses.  Authorizes the
department to create premarital education pilot programs for course
providers to administer.  Requires such pilot programs to use department
statistical information.  Provides that there are exceptions to completion
of the required course, and establishes the following exceptions:
hardship, inability to participate in a course, or refusal to take the
course.   

Sec.  2.014.  FAMILY TRUST FUND.  Creates the family trust fund with the
comptroller  and requires its administration by the attorney general.
Derives family trust funds from depositing $10 of each marriage license,
and limits the use of funds to certain projects and programs. 

SECTION 4.  Amends Section 118.011(a), Government Code, to create a $25 fee
for a marriage license applicant who completes the course, and a $35 fee
for an applicant who submits an affidavit of waiver of the course. 

SECTION 5.  Amends Section 118.018, Local Government Code, by adding
Subsection (c), to require a county clerk who collects a marriage license
fee to remit $10 for deposit in the family trust fund. 

SECTION 6.  Authorizes the family law council of the State Bar of Texas to
create a handbook which explains provisions of Texas law pertaining to
rights and responsibilities of married persons, and authorizes handbook
information to be presented through other formats.  Requires review of the
handbook by a supreme court appointed committee.  Requires the county clerk
to make the handbook or other format available when a person applies for a
marriage license.  Requires annual update of the handbook, and authorizes
it to include certain information. 

SECTION 7.  (a)   Repealer:  Section 1, Chapter 698, Acts of the 75th
Legislature, Regular Session, 1997. 

(b)  Provides that to the extent of any conflict, this Act prevails over
another Act of the 76 Legislature. 

SECTION 8.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 9.Emergency clause.