By Goolsby                                              H.B. No. 16
         76R570 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the recognition of an informal marriage.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 194.001, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 194.001.  REPORT OF MARRIAGE.  [(a)]  The county clerk
 1-7     shall file with the bureau of vital statistics a copy of each
 1-8     completed marriage license application.  The clerk shall file the
 1-9     copy not later than the 90th day after the date of the application.
1-10     The clerk may not collect a fee for filing the copy.
1-11           [(b)  The county clerk shall file with the bureau of vital
1-12     statistics a copy of each declaration of informal marriage executed
1-13     under Section 1.92, Family Code.  The clerk shall file the copy not
1-14     later than the 90th day after the date on which the declaration is
1-15     executed.]
1-16           SECTION 2.  Section 118.011(a), Local Government Code, is
1-17     amended to read as follows:
1-18           (a)  A county clerk shall collect the following fees for
1-19     services rendered to any person:
1-20                 (1)  Personal Property Records Filing (Sec. 118.012)
1-21     ............................................................ $ 2.00
1-22                 (2)  Real Property Records Filing (Sec. 118.013):
1-23                       for the first page ....................... $ 3.00
1-24                       for each additional page or part of a page on
 2-1     which there are visible marks of any kind .................. $ 2.00
 2-2                       for all or part of each 8 1/2" X 14" attachment
 2-3     or rider ................................................... $ 2.00
 2-4                       for  each name  in excess  of five  names that
 2-5     has to be indexed  in  all records in which  the document  must be
 2-6     indexed .................................................... $ 0.25
 2-7                 (3)  Certified Papers (Sec. 118.014):
 2-8                       for the clerk's certificate .............. $ 5.00
 2-9                       plus  a  fee  for  each  page  or  part  of  a
2-10     page ....................................................... $ 1.00
2-11                 (4)  Noncertified Papers (Sec. 118.0145):
2-12                       for each page or part of a page .......... $ 1.00
2-13                 (5)  Birth or Death Certificate (Sec. 118.015)
2-14     ........................................... same as state registrar
2-15                 (6)  Bond Approval (Sec. 118.016) .............. $ 3.00
2-16                 (7)  Marriage License (Sec. 118.018) ........... $25.00
2-17                 (8)  [Declaration of Informal Marriage (Sec. 118.019)
2-18     ............................................................ $25.00]
2-19                 [(9)]  Brand Registration (Sec. 118.020) ....... $ 5.00
2-20                 (9) [(10)]  Oath  Administration  (Sec.  118.021)
2-21     ............................................................ $ 1.00
2-22           SECTION 3.  Section 118.022(a), Local Government Code, is
2-23     amended to read as follows:
2-24           (a)  The county clerk shall, not later than the 10th day of
2-25     each month, send to the comptroller of public accounts $12.50 of
2-26     each fee collected during the preceding month for issuance of a
2-27     marriage license [or declaration of informal marriage].
 3-1           SECTION 4.  Sections 2.401, 2.402, 2.403, 2.404, and 2.405,
 3-2     Family Code, and Section 118.019, Local Government Code, are
 3-3     repealed.
 3-4           SECTION 5.  (a)  This Act takes effect January 1, 2000.
 3-5           (b)  A person may not enter into an informal marriage after
 3-6     the effective date of this Act.  An informal marriage entered into
 3-7     before the effective date of this Act is governed by the law in
 3-8     effect on the date on which the parties to the informal marriage
 3-9     signed a declaration of informal marriage or entered into an
3-10     agreement to be married.  An informal marriage entered into before
3-11     the effective date of this Act may be proved as provided by Section
3-12     2.401, Family Code, as that section existed before the effective
3-13     date of this Act.
3-14           SECTION 6.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended.