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.