By: Haywood S.B. No. 644
A BILL TO BE ENTITLED
AN ACT
1-1 relating to creating a covenant marriage.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 2.002, Family Code, is amended to read as
1-4 follows:
1-5 Sec. 2.002. APPLICATION FOR LICENSE. (a) Except as
1-6 provided by Section 2.006, each person applying for a license must:
1-7 (1) appear before the county clerk;
1-8 (2) submit the person's proof of identity and age as
1-9 provided by this subchapter;
1-10 (3) provide the information applicable to that person
1-11 for which spaces are provided in the application for a marriage
1-12 license;
1-13 (4) mark the appropriate boxes provided in the
1-14 application; and
1-15 (5) take the oath printed on the application and sign
1-16 the application before the county clerk.
1-17 (b) A person applying for a license for a covenant marriage
1-18 must complete an affidavit of intent to contract a covenant
1-19 marriage described by Section 2.601.
1-20 SECTION 2. Section 2.004, Family Code, is amended by adding
1-21 Subsection (c) to read as follows:
1-22 (c) The application form for a covenant marriage must
1-23 include the following statement:
1-24 "We, (name of husband) and (name of wife), declare our intent
2-1 to contract a covenant marriage and, accordingly, have executed an
2-2 affidavit of intent to contract a covenant marriage attached to
2-3 this application."
2-4 SECTION 3. Section 2.009, Family Code, is amended by adding
2-5 Subsection (e) to read as follows:
2-6 (e) The county clerk shall indicate on the marriage license
2-7 whether the license is for a covenant marriage.
2-8 SECTION 4. Chapter 2, Family Code, is amended by adding
2-9 Subchapter G to read as follows:
2-10 SUBCHAPTER G. COVENANT MARRIAGE
2-11 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-12 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-13 signed and notarized affidavit of intent to enter a covenant
2-14 marriage. The affidavit must contain the following statement:
2-15 "We do solemnly declare that marriage is a covenant between a
2-16 man and a woman who agree to live together as husband and wife for
2-17 so long as they both may live. We have chosen each other carefully
2-18 and disclosed to one another everything that could adversely affect
2-19 the decision to enter into this marriage. We have received
2-20 premarital counseling on the nature, purposes, and responsibilities
2-21 of marriage. We have read the pamphlet on covenant marriage and
2-22 understand that a covenant marriage is for life. We understand
2-23 that we can get divorced or separated only for a reason stated in
2-24 the pamphlet on covenant marriage. If we experience marital
2-25 difficulties, we commit ourselves to take all reasonable efforts to
2-26 preserve our marriage, including marital counseling.
3-1 With full knowledge of what this commitment means, we do
3-2 hereby declare that our marriage will be bound by Texas law on
3-3 covenant marriage and we promise to love, honor, and care for one
3-4 another as husband and wife for the rest of our lives."
3-5 Sec. 2.602. DESIGNATING EXISTING MARRIAGE TO COVENANT
3-6 MARRIAGE. (a) A married couple may designate their marriage as a
3-7 covenant marriage by filing a signed and notarized affidavit of
3-8 intent to designate the marriage as a covenant marriage.
3-9 (b) The affidavit of intent to designate a marriage as a
3-10 covenant marriage must contain the following statement:
3-11 "We do solemnly declare that marriage is a covenant between a
3-12 man and a woman who agree to live together as husband and wife for
3-13 so long as they both may live. We understand the nature, purpose,
3-14 and responsibilities of marriage and have received counseling on
3-15 the obligations of a covenant marriage. We have read the pamphlet
3-16 on covenant marriage and understand that a covenant marriage is for
3-17 life. We understand that we can get divorced or separated only for
3-18 a reason stated in the pamphlet on covenant marriage. If we
3-19 experience marital difficulties, we commit ourselves to take all
3-20 reasonable efforts to preserve our marriage, including marital
3-21 counseling.
3-22 With full knowledge of what this commitment means, we do
3-23 hereby declare that our marriage will be bound by Texas law on
3-24 covenant marriage and we renew our promise to love, honor, and care
3-25 for one another as husband and wife for the rest of our lives."
3-26 (c) The applicants must file the affidavit with:
4-1 (1) the clerk of the county that issued the marriage
4-2 license under which the applicants were married; or
4-3 (2) if the marriage was entered into outside this
4-4 state, the clerk of the county in which the couple resides.
4-5 (d) A marriage becomes a covenant marriage when a couple
4-6 files the affidavit of intent to designate a marriage as a covenant
4-7 marriage with the county clerk.
4-8 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
4-9 may enter into a covenant marriage or designate a marriage as a
4-10 covenant marriage, the couple must receive counseling from a person
4-11 legally authorized to engage in marriage counseling.
4-12 (b) The counselor shall:
4-13 (1) ensure that the couple discusses important
4-14 personal issues, including financial issues and conflict
4-15 resolution;
4-16 (2) discuss the seriousness of a covenant marriage;
4-17 (3) inform the couple that a covenant marriage is a
4-18 commitment for life; and
4-19 (4) inform the couple of the obligation to seek
4-20 marital counseling in times of marital difficulties.
4-21 (c) The counselor may discuss any other topic the counselor
4-22 considers important to the couple's understanding of the marital
4-23 commitment.
4-24 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
4-25 attorney general shall prepare a pamphlet consistent with the
4-26 requirements of this subchapter providing a full explanation of the
5-1 terms and conditions of a covenant marriage. The pamphlet must
5-2 list the grounds for divorce under Section 6.903 and the grounds
5-3 for legal separation under Section 6.905.
5-4 (b) The attorney general shall provide the pamphlet to the
5-5 county clerks in the state. A county clerk shall provide the
5-6 pamphlet to each person applying for a license for a covenant
5-7 marriage.
5-8 SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
5-9 by adding Section 6.009 to read as follows:
5-10 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
5-11 subchapter does not apply to a covenant marriage.
5-12 SECTION 6. Chapter 6, Family Code, is amended by adding
5-13 Subchapter J to read as follows:
5-14 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
5-15 SEPARATION
5-16 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. A spouse in a
5-17 covenant marriage who meets the requirements of this subchapter may
5-18 file a suit for:
5-19 (1) dissolution of the covenant marriage; or
5-20 (2) legal separation.
5-21 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION.
5-22 (a) Except as provided by Subsection (b), a spouse in a covenant
5-23 marriage may not file a suit to dissolve a covenant marriage unless
5-24 the parties to the marriage have received counseling from a person
5-25 legally authorized to engage in marriage counseling in an attempt
5-26 to reconcile the marriage. The couple shall participate in the
6-1 counseling until the counselor or both spouses determine that the
6-2 marriage is not salvageable or upon the completion of 20 sessions
6-3 or 16 hours of marriage counseling, whichever is the lesser amount.
6-4 (b) A spouse is not subject to the counseling requirement of
6-5 Subsection (a) if the spouse has obtained a protective order
6-6 against the other spouse under Title 4.
6-7 Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE.
6-8 (a) The court may grant a divorce in a covenant marriage in favor
6-9 of a spouse if:
6-10 (1) the other spouse has committed adultery;
6-11 (2) the other spouse has:
6-12 (A) been convicted of a felony;
6-13 (B) been imprisoned for at least one year in a
6-14 state penitentiary, a federal penitentiary, or a penitentiary of
6-15 another state; and
6-16 (C) not been pardoned;
6-17 (3) the other spouse:
6-18 (A) left the complaining spouse with the
6-19 intention of abandonment; and
6-20 (B) remained away from the complaining spouse
6-21 for at least one year;
6-22 (4) the other spouse committed family violence as
6-23 defined by Section 71.004;
6-24 (5) the spouses have lived apart without cohabitation
6-25 for at least two years; or
6-26 (6) an order of legal separation has been issued to
7-1 one of the spouses under Section 6.905 and the spouses have lived
7-2 apart without reconciliation for at least:
7-3 (A) one year after the date a separation order
7-4 is entered if there are no minor children from the marriage; or
7-5 (B) one year and six months after the date a
7-6 separation order is entered if there is a minor child from the
7-7 marriage.
7-8 (b) The court may not grant a divorce under Subsection
7-9 (a)(2) if the spouse who was convicted of a felony was convicted
7-10 solely on the testimony of the other spouse.
7-11 (c) The court may grant a divorce in a covenant marriage in
7-12 favor of a spouse on the grounds of insupportability under Section
7-13 6.001 if the spouse who filed the petition has obtained a
7-14 protective order against the other spouse under Title 4.
7-15 Sec. 6.904. PROCEDURES IN A SUIT FOR DISSOLUTION. The
7-16 procedures in Subchapters D-H apply to a suit for dissolution of a
7-17 covenant marriage.
7-18 Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant
7-19 marriage may file a suit to obtain from the court an order of legal
7-20 separation if:
7-21 (1) the other spouse has committed adultery;
7-22 (2) the other spouse has:
7-23 (A) been convicted of a felony;
7-24 (B) been imprisoned for at least one year in a
7-25 state penitentiary, a federal penitentiary, or a penitentiary of
7-26 another state; and
8-1 (C) not been pardoned;
8-2 (3) the other spouse:
8-3 (A) left the complaining spouse with the
8-4 intention of abandonment; and
8-5 (B) remained away from the complaining spouse
8-6 for at least six months;
8-7 (4) the other spouse committed family violence as
8-8 defined by Section 71.004;
8-9 (5) the spouses have lived apart without cohabitation
8-10 for at least two years; or
8-11 (6) the other spouse habitually abuses illegal drugs
8-12 or alcohol.
8-13 (b) The court may not issue an order of legal separation
8-14 under Subsection (a)(2) if the spouse who was convicted of a felony
8-15 was convicted on the testimony of the other spouse.
8-16 (c) The procedures in Subchapters D-H apply to a suit for
8-17 legal separation of a covenant marriage.
8-18 SECTION 7. Section 8.002, Family Code, is amended to read as
8-19 follows:
8-20 Sec. 8.002. ELIGIBILITY FOR MAINTENANCE. (a) In a suit for
8-21 dissolution of a marriage or in a proceeding for maintenance in a
8-22 court with personal jurisdiction over both former spouses following
8-23 the dissolution of their marriage by a court that lacked personal
8-24 jurisdiction over an absent spouse, the court may order maintenance
8-25 for either spouse only if:
8-26 (1) the spouse from whom maintenance is requested was
9-1 convicted of or received deferred adjudication for a criminal
9-2 offense that also constitutes an act of family violence under Title
9-3 4 [Chapter 71] and the offense occurred:
9-4 (A) within two years before the date on which a
9-5 suit for dissolution of the marriage is filed; or
9-6 (B) while the suit is pending; or
9-7 (2) the duration of the marriage was 10 years or
9-8 longer, the spouse seeking maintenance lacks sufficient property,
9-9 including property distributed to the spouse under this code, to
9-10 provide for the spouse's minimum reasonable needs, as limited by
9-11 Section 8.005, and the spouse seeking maintenance:
9-12 (A) is unable to support himself or herself
9-13 through appropriate employment because of an incapacitating
9-14 physical or mental disability;
9-15 (B) is the custodian of a child who requires
9-16 substantial care and personal supervision because a physical or
9-17 mental disability makes it necessary, taking into consideration the
9-18 needs of the child, that the spouse not be employed outside the
9-19 home; or
9-20 (C) clearly lacks earning ability in the labor
9-21 market adequate to provide support for the spouse's minimum
9-22 reasonable needs, as limited by Section 8.005.
9-23 (b) The court shall issue a temporary order for maintenance
9-24 in favor of a spouse who files for:
9-25 (1) legal separation of a covenant marriage based on
9-26 abandonment under Section 6.905(a)(3); or
10-1 (2) dissolution of a covenant marriage.
10-2 SECTION 8. Subsection (a), Section 118.011, Local Government
10-3 Code, is amended to read as follows:
10-4 (a) A county clerk shall collect the following fees for
10-5 services rendered to any person:
10-6 (1) Personal Property Records Filing (Sec. 118.012)
10-7 ............................................................ $ 2.00
10-8 (2) Real Property Records Filing (Sec. 118.013):
10-9 for the first page ...................... $ 3.00
10-10 for each additional page or part of a page on
10-11 which there are visible marks of any kind .................. $ 2.00
10-12 for all or part of each 8 1/2" X 14" attachment
10-13 or rider ................................................... $ 2.00
10-14 for each name in excess of five names
10-15 that has to be indexed in all records in which the document
10-16 must be indexed ............................................ $ 0.25
10-17 (3) Certified Papers (Sec. 118.014):
10-18 for the clerk's certificate ............. $ 5.00
10-19 plus a fee for each page or part of a
10-20 page ....................................................... $ 1.00
10-21 (4) Noncertified Papers (Sec. 118.0145):
10-22 for each page or part of a page ......... $ 1.00
10-23 (5) Birth or Death Certificate (Sec. 118.015)
10-24 ........................................... same as state registrar
10-25 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
10-26 (7) Marriage License (Sec. 118.018) ........... $25.00
11-1 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
11-2 (9) Affidavit of Intent to Designate a Marriage as a
11-3 Covenant Marriage (Sec. 118.018) ........................... $12.50
11-4 (10) Declaration of Informal Marriage (Sec. 118.019)
11-5 ............................................................ $25.00
11-6 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
11-7 (12) [(10)] Oath Administration (Sec. 118.021)
11-8 ............................................................ $ 1.00
11-9 SECTION 9. Subsection (a), Section 118.018, Local Government
11-10 Code, is amended to read as follows:
11-11 (a) The fee for a "Marriage License," "Covenant Marriage
11-12 License," or "Affidavit of Intent to Designate a Marriage as a
11-13 Covenant Marriage" under Section 118.011 is for issuing a marriage
11-14 license. The fee must be paid at the time the license is issued.
11-15 SECTION 10. This Act takes effect September 1, 1999.
11-16 SECTION 11. The importance of this legislation and the
11-17 crowded condition of the calendars in both houses create an
11-18 emergency and an imperative public necessity that the
11-19 constitutional rule requiring bills to be read on three several
11-20 days in each house be suspended, and this rule is hereby suspended.