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.