76R16721 MCK-D
By Haywood S.B. No. 644
Substitute the following for S.B. No. 644:
By Goodman C.S.S.B. No. 644
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating a covenant marriage.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.002, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 2.002. APPLICATION FOR LICENSE. (a) Except as
1-7 provided by Section 2.006, each person applying for a license must:
1-8 (1) appear before the county clerk;
1-9 (2) submit the person's proof of identity and age as
1-10 provided by this subchapter;
1-11 (3) provide the information applicable to that person
1-12 for which spaces are provided in the application for a marriage
1-13 license;
1-14 (4) mark the appropriate boxes provided in the
1-15 application; and
1-16 (5) take the oath printed on the application and sign
1-17 the application before the county clerk.
1-18 (b) A person applying for a license for a covenant marriage
1-19 must complete an affidavit of intent to contract a covenant
1-20 marriage described by Section 2.601.
1-21 SECTION 2. Section 2.004, Family Code, is amended by adding
1-22 Subsection (c) to read as follows:
1-23 (c) The application form for a covenant marriage must
2-1 include the following statement:
2-2 "We, (name of husband) and (name of wife), declare our intent
2-3 to contract a covenant marriage and, accordingly, have executed an
2-4 affidavit of intent to contract a covenant marriage attached to
2-5 this application."
2-6 SECTION 3. Section 2.009, Family Code, is amended by adding
2-7 Subsection (e) to read as follows:
2-8 (e) The county clerk shall indicate on the marriage license
2-9 whether the license is for a covenant marriage.
2-10 SECTION 4. Chapter 2, Family Code, is amended by adding
2-11 Subchapter G to read as follows:
2-12 SUBCHAPTER G. COVENANT MARRIAGE
2-13 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-14 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-15 signed and notarized affidavit of intent to enter into a covenant
2-16 marriage. The affidavit must contain the following statement:
2-17 "We do solemnly declare that marriage is a covenant between a
2-18 man and a woman who agree to live together as husband and wife for
2-19 so long as they both may live. We have chosen each other carefully
2-20 and disclosed to one another everything that could adversely affect
2-21 the decision to enter into this marriage. We have received
2-22 premarital counseling on the nature, purposes, and responsibilities
2-23 of marriage. We have read the pamphlet on covenant marriage and
2-24 understand that a covenant marriage is for life. We understand
2-25 that we can get divorced after a specified waiting period only for
2-26 a reason stated in the pamphlet on covenant marriage and that we
2-27 must undergo counseling before we can obtain a divorce. If we
3-1 experience marital difficulties, we commit ourselves to take all
3-2 reasonable efforts to preserve our marriage, including marital
3-3 counseling.
3-4 With full knowledge of what this commitment means, we do
3-5 hereby declare that our marriage will be bound by Texas law on
3-6 covenant marriage and we promise to love, honor, and care for one
3-7 another as husband and wife for the rest of our lives."
3-8 Sec. 2.602. DESIGNATING EXISTING MARRIAGE TO COVENANT
3-9 MARRIAGE. (a) A married couple may designate their marriage as a
3-10 covenant marriage by filing a signed and notarized affidavit of
3-11 intent to designate the marriage as a covenant marriage.
3-12 (b) The affidavit of intent to designate a marriage as a
3-13 covenant marriage must contain the following statement:
3-14 "We do solemnly declare that marriage is a covenant between a
3-15 man and a woman who agree to live together as husband and wife for
3-16 so long as they both may live. We understand the nature, purpose,
3-17 and responsibilities of marriage. We have read the pamphlet on
3-18 covenant marriage and understand that a covenant marriage is for
3-19 life. We understand that we can get divorced after a specified
3-20 waiting period only for a reason stated in the pamphlet on covenant
3-21 marriage and that we must undergo counseling before we can obtain a
3-22 divorce. If we experience marital difficulties, we commit
3-23 ourselves to take all reasonable efforts to preserve our marriage,
3-24 including marital counseling.
3-25 With full knowledge of what this commitment means, we do
3-26 hereby declare that our marriage will be bound by Texas law on
3-27 covenant marriage and we renew our promise to love, honor, and care
4-1 for one another as husband and wife for the rest of our lives."
4-2 (c) The applicants must file the affidavit with:
4-3 (1) the clerk of the county that issued the marriage
4-4 license under which the applicants were married; or
4-5 (2) if the marriage was entered into outside this
4-6 state, the clerk of the county in which the couple resides.
4-7 (d) A marriage becomes a covenant marriage when a couple
4-8 files the affidavit of intent to designate a marriage as a covenant
4-9 marriage with the county clerk.
4-10 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
4-11 may enter into a covenant marriage, the couple must receive
4-12 counseling from a person legally authorized to engage in marriage
4-13 counseling. This requirement does not apply to the designation of
4-14 a covenant marriage under Section 2.602.
4-15 (b) The counselor shall:
4-16 (1) ensure that the couple discusses important
4-17 personal issues, including financial issues and conflict
4-18 resolution;
4-19 (2) discuss the seriousness of a covenant marriage;
4-20 (3) inform the couple that a covenant marriage is a
4-21 commitment for life; and
4-22 (4) inform the couple of the obligation to seek
4-23 marital counseling in times of marital difficulties.
4-24 (c) The counselor may discuss any other topic the counselor
4-25 considers important to the couple's understanding of the marital
4-26 commitment.
4-27 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
5-1 attorney general shall prepare a pamphlet consistent with the
5-2 requirements of this subchapter providing a full explanation of the
5-3 terms and conditions of a covenant marriage. The pamphlet must
5-4 list the grounds for divorce under Section 6.902.
5-5 (b) The attorney general shall provide the pamphlet to the
5-6 county clerks in the state. A county clerk shall provide the
5-7 pamphlet to each person applying for a license for a covenant
5-8 marriage.
5-9 SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
5-10 by adding Section 6.009 to read as follows:
5-11 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
5-12 subchapter does not apply to a covenant marriage.
5-13 SECTION 6. Chapter 6, Family Code, is amended by adding
5-14 Subchapter J to read as follows:
5-15 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE
5-16 Sec. 6.901. DISSOLUTION. (a) A spouse in a covenant
5-17 marriage who meets the requirements of this subchapter may file a
5-18 suit for dissolution of the covenant marriage.
5-19 (b) A court may not set the trial or final hearing in a suit
5-20 for divorce under this subchapter before the 60th day after the
5-21 date the suit is filed.
5-22 Sec. 6.902. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE. (a)
5-23 The court may grant a divorce in a covenant marriage in favor of a
5-24 spouse if:
5-25 (1) the other spouse has committed adultery;
5-26 (2) the other spouse has:
5-27 (A) been convicted of a felony;
6-1 (B) been imprisoned for at least one year in a
6-2 state penitentiary, a federal penitentiary, or a penitentiary of
6-3 another state; and
6-4 (C) not been pardoned;
6-5 (3) the other spouse:
6-6 (A) left the complaining spouse with the
6-7 intention of abandonment; and
6-8 (B) remained away from the complaining spouse
6-9 for at least one year;
6-10 (4) the other spouse committed family violence as
6-11 defined by Section 71.004; or
6-12 (5) the spouses have lived apart without cohabitation
6-13 for at least two years.
6-14 (b) The court may not grant a divorce under Subsection
6-15 (a)(2) if the spouse who was convicted of a felony was convicted
6-16 solely on the testimony of the other spouse.
6-17 (c) The court may grant a divorce in a covenant marriage in
6-18 favor of a spouse on the grounds of insupportability under Section
6-19 6.001. The court may not set the trial or final hearing in a suit
6-20 for divorce in a covenant marriage on the grounds of
6-21 insupportability before the first anniversary of the date the suit
6-22 is filed unless the spouse who filed the petition has obtained,
6-23 after a hearing, a protective order against the other spouse under
6-24 Title 4.
6-25 Sec. 6.903. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)
6-26 Except as provided by Subsection (d), after a spouse in a covenant
6-27 marriage files a suit to dissolve a covenant marriage, the parties
7-1 to the marriage shall participate in counseling with a person
7-2 legally authorized to engage in marriage counseling in an attempt
7-3 to reconcile the marriage.
7-4 (b) Except as provided by Subsection (c), the couple shall
7-5 participate in the counseling until the counselor or both spouses
7-6 determine that the marriage is not salvageable or on the completion
7-7 of the lesser of 20 sessions or 16 hours of marriage counseling.
7-8 (c) If the suit to dissolve a covenant marriage is on the
7-9 grounds of insupportability, the couple shall participate in
7-10 counseling until the completion of the lesser of 52 sessions or 50
7-11 hours of marriage counseling.
7-12 (d) A spouse is not subject to the counseling requirement of
7-13 Subsection (a) if the spouse:
7-14 (1) has obtained, after a hearing, a protective order
7-15 against the other spouse under Title 4; or
7-16 (2) files suit to dissolve a covenant marriage under
7-17 Section 6.902(a)(2), (3), or (4).
7-18 Sec. 6.904. PROCEDURES IN A SUIT FOR DISSOLUTION. The
7-19 procedures in Subchapters D-H apply to a suit for dissolution of a
7-20 covenant marriage.
7-21 SECTION 7. Subsection (a), Section 118.011, Local Government
7-22 Code, is amended to read as follows:
7-23 (a) A county clerk shall collect the following fees for
7-24 services rendered to any person:
7-25 (1) Personal Property Records Filing (Sec. 118.012)
7-26 ............................................................ $ 2.00
7-27 (2) Real Property Records Filing (Sec. 118.013):
8-1 for the first page ...................... $ 3.00
8-2 for each additional page or part of a page on
8-3 which there are visible marks of any kind .................. $ 2.00
8-4 for all or part of each 8 1/2" X 14" attachment
8-5 or rider ................................................... $ 2.00
8-6 for each name in excess of five names
8-7 that has to be indexed in all records in which the document
8-8 must be indexed ............................................ $ 0.25
8-9 (3) Certified Papers (Sec. 118.014):
8-10 for the clerk's certificate ............. $ 5.00
8-11 plus a fee for each page or part of a
8-12 page ....................................................... $ 1.00
8-13 (4) Noncertified Papers (Sec. 118.0145):
8-14 for each page or part of a page ......... $ 1.00
8-15 (5) Birth or Death Certificate (Sec. 118.015)
8-16 ........................................... same as state registrar
8-17 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
8-18 (7) Marriage License (Sec. 118.018) ........... $25.00
8-19 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
8-20 (9) Affidavit of Intent to Designate a Marriage as a
8-21 Covenant Marriage (Sec. 118.018) ........................... $12.50
8-22 (10) Declaration of Informal Marriage (Sec. 118.019)
8-23 ............................................................ $25.00
8-24 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
8-25 (12) [(10)] Oath Administration (Sec. 118.021)
8-26 ............................................................ $ 1.00
8-27 SECTION 8. Subsection (a), Section 118.018, Local Government
9-1 Code, is amended to read as follows:
9-2 (a) The fee for a "Marriage License," "Covenant Marriage
9-3 License," or "Affidavit of Intent to Designate a Marriage as a
9-4 Covenant Marriage" under Section 118.011 is for issuing a marriage
9-5 license. The fee must be paid at the time the license is issued.
9-6 SECTION 9. This Act takes effect September 1, 1999.
9-7 SECTION 10. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.