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.