1-1 By: Goodman, et al. (Senate Sponsor - Wentworth) H.B. No. 2442
1-2 (In the Senate - Received from the House April 28, 1999;
1-3 April 29, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 4, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administration and funding of a premarital
1-9 education handbook and certain marital education courses.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2.009(c), Family Code, is amended to
1-12 conform to Section 1, Chapter 698, Acts of the 75th Legislature,
1-13 Regular Session, 1997, and amended to read as follows:
1-14 (c) On the proper execution of the application, the clerk
1-15 shall:
1-16 (1) prepare the license;
1-17 (2) enter on [record on the reverse side of] the
1-18 license the names of the licensees, the date that the license is
1-19 issued, and, if applicable, the name of the person appointed to act
1-20 as proxy for an absent applicant, if any;
1-21 (3) record the time at which the license was issued;
1-22 [and]
1-23 (4) distribute to each applicant printed materials
1-24 about acquired immune deficiency syndrome (AIDS) and human
1-25 immunodeficiency virus (HIV) and note on the license that the
1-26 distribution was made; and
1-27 (5) distribute to each applicant a premarital
1-28 education handbook provided by the attorney general under Section
1-29 2.014.
1-30 SECTION 2. Subchapter A, Chapter 2, Family Code, is amended
1-31 by adding Sections 2.013 and 2.014 to read as follows:
1-32 Sec. 2.013. PREMARITAL EDUCATION REQUIREMENTS; WAIVER. (a)
1-33 Each person applying for a marriage license is encouraged to attend
1-34 a premarital education course of at least four hours during the
1-35 year preceding the date of the application for the license.
1-36 (b) The course under Subsection (a) may be completed by:
1-37 (1) personal instruction;
1-38 (2) videotape instruction;
1-39 (3) instruction through an electronic medium; or
1-40 (4) a combination of these methods.
1-41 (c) A premarital education course should include instruction
1-42 in:
1-43 (1) conflict management;
1-44 (2) communication skills;
1-45 (3) children and parenting responsibilities; and
1-46 (4) financial responsibilities.
1-47 (d) A course under this section should be offered by:
1-48 (1) a mental health professional who holds at least a
1-49 master's degree with a background in family therapy; or
1-50 (2) a religious practitioner who performs counseling
1-51 consistent with the laws of this state or another person designated
1-52 as a program counselor by a church or religious institution.
1-53 (e) Each county clerk may maintain a roster of area course
1-54 providers who meet the requirements of this section, including
1-55 providers who offer the course on a sliding scale or without
1-56 charge. The clerk may provide a copy of the roster on request to
1-57 an applicant for a marriage license.
1-58 (f) An applicant for a marriage license who takes a course
1-59 under this section shall pay any fee charged for the course.
1-60 (g) A person who seeks to be listed as a course provider on
1-61 a list maintained under Subsection (e) shall notify the county
1-62 clerk of the county in which the person intends to offer a course.
1-63 The notification must include the applicant's professional license
1-64 number or evidence of the person's position or affiliation with a
2-1 church or religious institution, as appropriate, and an address at
2-2 which the course provider may be contacted.
2-3 Sec. 2.014. FAMILY TRUST FUND. (a) The family trust fund
2-4 is created as a trust fund with the state comptroller and shall be
2-5 administered by the attorney general for the beneficiaries of the
2-6 fund.
2-7 (b) Money in the trust fund is derived from depositing $3 of
2-8 each marriage license fee as authorized under Section 118.018(c),
2-9 Local Government Code, and may be used only for:
2-10 (1) the development and distribution of a premarital
2-11 education handbook;
2-12 (2) grants to institutions of higher education having
2-13 academic departments that are capable of research on marriage and
2-14 divorce that will assist in determining programs, courses, and
2-15 policies to help strengthen families and assist children whose
2-16 parents are divorcing;
2-17 (3) support for counties to create or administer free
2-18 or low-cost premarital education courses;
2-19 (4) programs intended to reduce the amount of
2-20 delinquent child support; and
2-21 (5) other programs the attorney general determines
2-22 will assist families in this state.
2-23 (c) The premarital education handbook under Subsection
2-24 (b)(1) shall be distributed to each applicant for a marriage
2-25 license as provided by Section 2.009(c)(5) and shall contain
2-26 information on:
2-27 (1) conflict management;
2-28 (2) communication skills;
2-29 (3) children and parenting responsibilities; and
2-30 (4) financial responsibilities.
2-31 (d) The attorney general shall appoint an advisory committee
2-32 to assist in the development of the premarital education handbook.
2-33 The advisory committee shall consist of nine members, including at
2-34 least three members who are eligible under Section 2.013(d) to
2-35 provide a premarital education course. A member of the advisory
2-36 committee is not entitled to reimbursement of the member's
2-37 expenses.
2-38 SECTION 3. Section 118.011(a), Local Government Code, is
2-39 amended to read as follows:
2-40 (a) A county clerk shall collect the following fees for
2-41 services rendered to any person:
2-42 (1) Personal Property Records Filing (Sec. 118.012)
2-43 ......................................... $ 2.00
2-44 (2) Real Property Records Filing (Sec. 118.013):
2-45 for the first page ........................ $ 3.00
2-46 for each additional page or part of a page
2-47 on which there are visible marks of any
2-48 kind .................................... $ 2.00
2-49 for all or part of each 8 1/2" X 14" attachment or
2-50 rider ................................... $ 2.00
2-51 for each name in excess of five names that has to
2-52 be indexed in all records in which the document
2-53 must be indexed ......................... $ 0.25
2-54 (3) Certified Papers (Sec. 118.014):
2-55 for the clerk's certificate ............... $ 5.00
2-56 plus a fee for each page or part of a
2-57 page .................................... $ 1.00
2-58 (4) Noncertified Papers (Sec. 118.0145):
2-59 for each page or part of a page ........... $ 1.00
2-60 (5) Birth or Death Certificate (Sec. 118.015)
2-61 ........................ same as state registrar
2-62 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
2-63 (7) Marriage License (Sec. 118.018)
2-64 ................................ $30.00 [$25.00]
2-65 (8) Declaration of Informal Marriage (Sec. 118.019)
2-66 ......................................... $25.00
2-67 (9) Brand Registration (Sec. 118.020) ......... $ 5.00
2-68 (10) Oath Administration (Sec. 118.021) ....... $ 1.00
2-69 SECTION 4. Section 118.018, Local Government Code, is
3-1 amended by adding Subsection (c) to read as follows:
3-2 (c) A county clerk who collects a fee under this section
3-3 from a marriage license applicant shall remit $3 of that fee to the
3-4 comptroller for deposit in the family trust fund established under
3-5 Section 2.014, Family Code.
3-6 SECTION 5. (a) Section 1, Chapter 698, Acts of the 75th
3-7 Legislature, Regular Session, 1997, is repealed.
3-8 (b) To the extent of any conflict, this Act prevails over
3-9 another Act of the 76th Legislature, Regular Session, 1999,
3-10 relating to nonsubstantive additions to and corrections in enacted
3-11 codes.
3-12 SECTION 6. (a) This Act takes effect September 1, 1999.
3-13 (b) The change in law made by this Act applies to an
3-14 application for a marriage license filed on or after the effective
3-15 date of this Act. An application filed before the effective date
3-16 of this Act is governed by the law in effect on the date the
3-17 application was filed, and the former law is continued in effect
3-18 for that purpose.
3-19 SECTION 7. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
3-24 * * * * *