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.
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