By Haywood S.B. No. 644
76R2501 MCK-D
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 provided
1-7 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
1-24 include the following statement:
2-1 "We, (name of husband) and (name of wife), declare our intent
2-2 to contract a covenant marriage and, accordingly, have executed an
2-3 affidavit of intent to contract a covenant marriage attached to
2-4 this application."
2-5 SECTION 3. Section 2.009, Family Code, is amended by adding
2-6 Subsection (e) to read as follows:
2-7 (e) The county clerk shall indicate on the marriage license
2-8 whether the license is for a covenant marriage.
2-9 SECTION 4. Chapter 2, Family Code, is amended by adding
2-10 Subchapter G to read as follows:
2-11 SUBCHAPTER G. COVENANT MARRIAGE
2-12 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-13 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-14 signed and notarized affidavit of intent to enter a covenant
2-15 marriage. The affidavit must contain the following statement:
2-16 "We do solemnly declare that marriage is a covenant between a
2-17 man and a woman who agree to live together as husband and wife for
2-18 so long as they both may live. We have chosen each other carefully
2-19 and disclosed to one another everything that could adversely affect
2-20 the decision to enter into this marriage. We have received
2-21 premarital counseling on the nature, purposes, and responsibilities
2-22 of marriage. We have read the pamphlet on covenant marriage and
2-23 understand that a covenant marriage is for life. We understand
2-24 that we can get divorced or separated only for a reason stated in
2-25 the pamphlet on covenant marriage. If we experience marital
2-26 difficulties, we commit ourselves to take all reasonable efforts to
2-27 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:
3-27 (1) the clerk of the county that issued the marriage
4-1 license under which the applicants were married; or
4-2 (2) if the marriage was entered into outside this
4-3 state, the clerk of the county in which the couple resides.
4-4 (d) A marriage becomes a covenant marriage when a couple
4-5 files the affidavit of intent to designate a marriage as a covenant
4-6 marriage with the county clerk.
4-7 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
4-8 may enter into a covenant marriage or designate a marriage as a
4-9 covenant marriage, the couple must receive counseling from a person
4-10 legally authorized to engage in marriage counseling.
4-11 (b) The counselor shall:
4-12 (1) ensure that the couple discusses important
4-13 personal issues, including financial issues and conflict
4-14 resolution;
4-15 (2) discuss the seriousness of a covenant marriage;
4-16 (3) inform the couple that a covenant marriage is a
4-17 commitment for life; and
4-18 (4) inform the couple of the obligation to seek
4-19 marital counseling in times of marital difficulties.
4-20 (c) The counselor may discuss any other topic the counselor
4-21 considers important to the couple's understanding of the marital
4-22 commitment.
4-23 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
4-24 attorney general shall prepare a pamphlet consistent with the
4-25 requirements of this subchapter providing a full explanation of the
4-26 terms and conditions of a covenant marriage. The pamphlet must
4-27 list the grounds for divorce under Section 6.903 and the grounds
5-1 for legal separation under Section 6.904.
5-2 (b) The attorney general shall provide the pamphlet to the
5-3 county clerks in the state. A county clerk shall provide the
5-4 pamphlet to each person applying for a license for a covenant
5-5 marriage.
5-6 SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
5-7 by adding Section 6.009 to read as follows:
5-8 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
5-9 subchapter does not apply to a covenant marriage.
5-10 SECTION 6. Chapter 6, Family Code, is amended by adding
5-11 Subchapter J to read as follows:
5-12 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
5-13 SEPARATION
5-14 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. A spouse in a
5-15 covenant marriage who meets the requirements of this subchapter may
5-16 file a suit for:
5-17 (1) dissolution of the covenant marriage; or
5-18 (2) legal separation.
5-19 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A
5-20 spouse in a covenant marriage may not file a suit to dissolve a
5-21 covenant marriage unless the parties to the marriage have received
5-22 counseling from a person legally authorized to engage in marriage
5-23 counseling in an attempt to reconcile the marriage. The couple
5-24 shall participate in the counseling until the counselor or both
5-25 spouses determine that the marriage is not salvageable.
5-26 Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE. (a)
5-27 The court may grant a divorce in a covenant marriage in favor of a
6-1 spouse if:
6-2 (1) the other spouse has committed adultery;
6-3 (2) the other spouse has:
6-4 (A) been convicted of a felony;
6-5 (B) been imprisoned for at least one year in a
6-6 state penitentiary, a federal penitentiary, or a penitentiary of
6-7 another state; and
6-8 (C) not been pardoned;
6-9 (3) the other spouse:
6-10 (A) left the complaining spouse with the
6-11 intention of abandonment; and
6-12 (B) remained away from the complaining spouse
6-13 for at least two years;
6-14 (4) the other spouse committed family violence as
6-15 defined by Section 71.004;
6-16 (5) the spouses have lived apart without cohabitation
6-17 for at least three years; or
6-18 (6) an order of legal separation has been issued to
6-19 one of the spouses under Section 6.904 and the spouses have lived
6-20 apart without reconciliation for at least:
6-21 (A) two years after the date a separation order
6-22 is entered if there are no minor children from the marriage; or
6-23 (B) two years and six months after the date a
6-24 separation order is entered if there is a minor child from the
6-25 marriage.
6-26 (b) The court may not grant a divorce under Subsection
6-27 (a)(2) if the spouse who was convicted of a felony was convicted
7-1 solely on the testimony of the other spouse.
7-2 Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant
7-3 marriage may file a suit to obtain from the court an order of legal
7-4 separation if:
7-5 (1) the other spouse has committed adultery;
7-6 (2) the other spouse has:
7-7 (A) been convicted of a felony;
7-8 (B) been imprisoned for at least one year in a
7-9 state penitentiary, a federal penitentiary, or a penitentiary of
7-10 another state; and
7-11 (C) not been pardoned;
7-12 (3) the other spouse:
7-13 (A) left the complaining spouse with the
7-14 intention of abandonment; and
7-15 (B) remained away from the complaining spouse
7-16 for at least one year;
7-17 (4) the other spouse committed family violence as
7-18 defined by Section 71.004;
7-19 (5) the spouses have lived apart without cohabitation
7-20 for at least three years; or
7-21 (6) the other spouse habitually abuses illegal drugs
7-22 or alcohol.
7-23 (b) The court may not issue an order of legal separation
7-24 under Subsection (a)(2) if the spouse who was convicted of a felony
7-25 was convicted on the testimony of the other spouse.
7-26 (c) The procedures in this chapter for a suit for
7-27 dissolution of a marriage apply to a suit for legal separation of a
8-1 covenant marriage.
8-2 SECTION 7. Section 8.002, Family Code, is amended to read as
8-3 follows:
8-4 Sec. 8.002. ELIGIBILITY FOR MAINTENANCE. (a) In a suit for
8-5 dissolution of a marriage or in a proceeding for maintenance in a
8-6 court with personal jurisdiction over both former spouses following
8-7 the dissolution of their marriage by a court that lacked personal
8-8 jurisdiction over an absent spouse, the court may order maintenance
8-9 for either spouse only if:
8-10 (1) the spouse from whom maintenance is requested was
8-11 convicted of or received deferred adjudication for a criminal
8-12 offense that also constitutes an act of family violence under Title
8-13 4 [Chapter 71] and the offense occurred:
8-14 (A) within two years before the date on which a
8-15 suit for dissolution of the marriage is filed; or
8-16 (B) while the suit is pending; or
8-17 (2) the duration of the marriage was 10 years or
8-18 longer, the spouse seeking maintenance lacks sufficient property,
8-19 including property distributed to the spouse under this code, to
8-20 provide for the spouse's minimum reasonable needs, as limited by
8-21 Section 8.005, and the spouse seeking maintenance:
8-22 (A) is unable to support himself or herself
8-23 through appropriate employment because of an incapacitating
8-24 physical or mental disability;
8-25 (B) is the custodian of a child who requires
8-26 substantial care and personal supervision because a physical or
8-27 mental disability makes it necessary, taking into consideration the
9-1 needs of the child, that the spouse not be employed outside the
9-2 home; or
9-3 (C) clearly lacks earning ability in the labor
9-4 market adequate to provide support for the spouse's minimum
9-5 reasonable needs, as limited by Section 8.005.
9-6 (b) The court shall issue a temporary order for maintenance
9-7 in favor of a spouse who files for:
9-8 (1) legal separation of a covenant marriage based on
9-9 abandonment under Section 6.904(a)(3); or
9-10 (2) dissolution of a covenant marriage.
9-11 SECTION 8. Section 118.011(a), Local Government Code, is
9-12 amended to read as follows:
9-13 (a) A county clerk shall collect the following fees for
9-14 services rendered to any person:
9-15 (1) Personal Property Records Filing (Sec. 118.012)
9-16 ............................................................ $ 2.00
9-17 (2) Real Property Records Filing (Sec. 118.013):
9-18 for the first page ...................... $ 3.00
9-19 for each additional page or part of a page on
9-20 which there are visible marks of any kind .................. $ 2.00
9-21 for all or part of each 8 1/2" X 14" attachment
9-22 or rider ................................................... $ 2.00
9-23 for each name in excess of five names
9-24 that has to be indexed in all records in which the document
9-25 must be indexed ............................................ $0.25
9-26 (3) Certified Papers (Sec. 118.014):
9-27 for the clerk's certificate ............. $ 5.00
10-1 plus a fee for each page or part of a
10-2 page ....................................................... $ 1.00
10-3 (4) Noncertified Papers (Sec. 118.0145):
10-4 for each page or part of a page ......... $ 1.00
10-5 (5) Birth or Death Certificate (Sec. 118.015)
10-6 ........................................... same as state registrar
10-7 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
10-8 (7) Marriage License (Sec. 118.018) ........... $25.00
10-9 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
10-10 (9) Affidavit of Intent to Designate a Marriage as a
10-11 Covenant Marriage (Sec. 118.018) ........................... $12.50
10-12 (10) Declaration of Informal Marriage (Sec. 118.019)
10-13 ............................................................ $25.00
10-14 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
10-15 (12) [(10)] Oath Administration (Sec. 118.021)
10-16 ............................................................ $ 1.00
10-17 SECTION 9. Section 118.018(a), Local Government Code, is
10-18 amended to read as follows:
10-19 (a) The fee for a "Marriage License," "Covenant Marriage
10-20 License," or "Affidavit of Intent to Designate a Marriage as a
10-21 Covenant Marriage," under Section 118.011 is for issuing a marriage
10-22 license. The fee must be paid at the time the license is issued.
10-23 SECTION 10. This Act takes effect September 1, 1999.
10-24 SECTION 11. The importance of this legislation and the
10-25 crowded condition of the calendars in both houses create an
10-26 emergency and an imperative public necessity that the
10-27 constitutional rule requiring bills to be read on three several
11-1 days in each house be suspended, and this rule is hereby suspended.