1-1 By: Haywood S.B. No. 644
1-2 (In the Senate - Filed February 23, 1999; February 24, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 May 3, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 3, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 644 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to creating a covenant marriage.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2.002, Family Code, is amended to read as
1-13 follows:
1-14 Sec. 2.002. APPLICATION FOR LICENSE. (a) Except as provided
1-15 by Section 2.006, each person applying for a license must:
1-16 (1) appear before the county clerk;
1-17 (2) submit the person's proof of identity and age as
1-18 provided by this subchapter;
1-19 (3) provide the information applicable to that person
1-20 for which spaces are provided in the application for a marriage
1-21 license;
1-22 (4) mark the appropriate boxes provided in the
1-23 application; and
1-24 (5) take the oath printed on the application and sign
1-25 the application before the county clerk.
1-26 (b) A person applying for a license for a covenant marriage
1-27 must complete an affidavit of intent to contract a covenant
1-28 marriage described by Section 2.601.
1-29 SECTION 2. Section 2.004, Family Code, is amended by adding
1-30 Subsection (c) to read as follows:
1-31 (c) The application form for a covenant marriage must
1-32 include the following statement:
1-33 "We, (name of husband) and (name of wife), declare our intent
1-34 to contract a covenant marriage and, accordingly, have executed an
1-35 affidavit of intent to contract a covenant marriage attached to
1-36 this application."
1-37 SECTION 3. Section 2.009, Family Code, is amended by adding
1-38 Subsection (e) to read as follows:
1-39 (e) The county clerk shall indicate on the marriage license
1-40 whether the license is for a covenant marriage.
1-41 SECTION 4. Chapter 2, Family Code, is amended by adding
1-42 Subchapter G to read as follows:
1-43 SUBCHAPTER G. COVENANT MARRIAGE
1-44 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
1-45 MARRIAGE. Each applicant for a covenant marriage shall submit a
1-46 signed and notarized affidavit of intent to enter a covenant
1-47 marriage. The affidavit must contain the following statement:
1-48 "We do solemnly declare that marriage is a covenant between a
1-49 man and a woman who agree to live together as husband and wife for
1-50 so long as they both may live. We have chosen each other carefully
1-51 and disclosed to one another everything that could adversely affect
1-52 the decision to enter into this marriage. We have received
1-53 premarital counseling on the nature, purposes, and responsibilities
1-54 of marriage. We have read the pamphlet on covenant marriage and
1-55 understand that a covenant marriage is for life. We understand
1-56 that we can get divorced or separated only for a reason stated in
1-57 the pamphlet on covenant marriage. If we experience marital
1-58 difficulties, we commit ourselves to take all reasonable efforts to
1-59 preserve our marriage, including marital counseling.
1-60 With full knowledge of what this commitment means, we do
1-61 hereby declare that our marriage will be bound by Texas law on
1-62 covenant marriage and we promise to love, honor, and care for one
1-63 another as husband and wife for the rest of our lives."
1-64 Sec. 2.602. DESIGNATING EXISTING MARRIAGE TO COVENANT
2-1 MARRIAGE. (a) A married couple may designate their marriage as a
2-2 covenant marriage by filing a signed and notarized affidavit of
2-3 intent to designate the marriage as a covenant marriage.
2-4 (b) The affidavit of intent to designate a marriage as a
2-5 covenant marriage must contain the following statement:
2-6 "We do solemnly declare that marriage is a covenant between a
2-7 man and a woman who agree to live together as husband and wife for
2-8 so long as they both may live. We understand the nature, purpose,
2-9 and responsibilities of marriage and have received counseling on
2-10 the obligations of a covenant marriage. We have read the pamphlet
2-11 on covenant marriage and understand that a covenant marriage is for
2-12 life. We understand that we can get divorced or separated only for
2-13 a reason stated in the pamphlet on covenant marriage. If we
2-14 experience marital difficulties, we commit ourselves to take all
2-15 reasonable efforts to preserve our marriage, including marital
2-16 counseling.
2-17 With full knowledge of what this commitment means, we do
2-18 hereby declare that our marriage will be bound by Texas law on
2-19 covenant marriage and we renew our promise to love, honor, and care
2-20 for one another as husband and wife for the rest of our lives."
2-21 (c) The applicants must file the affidavit with:
2-22 (1) the clerk of the county that issued the marriage
2-23 license under which the applicants were married; or
2-24 (2) if the marriage was entered into outside this
2-25 state, the clerk of the county in which the couple resides.
2-26 (d) A marriage becomes a covenant marriage when a couple
2-27 files the affidavit of intent to designate a marriage as a covenant
2-28 marriage with the county clerk.
2-29 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
2-30 may enter into a covenant marriage or designate a marriage as a
2-31 covenant marriage, the couple must receive counseling from a person
2-32 legally authorized to engage in marriage counseling.
2-33 (b) The counselor shall:
2-34 (1) ensure that the couple discusses important
2-35 personal issues, including financial issues and conflict
2-36 resolution;
2-37 (2) discuss the seriousness of a covenant marriage;
2-38 (3) inform the couple that a covenant marriage is a
2-39 commitment for life; and
2-40 (4) inform the couple of the obligation to seek
2-41 marital counseling in times of marital difficulties.
2-42 (c) The counselor may discuss any other topic the counselor
2-43 considers important to the couple's understanding of the marital
2-44 commitment.
2-45 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
2-46 attorney general shall prepare a pamphlet consistent with the
2-47 requirements of this subchapter providing a full explanation of the
2-48 terms and conditions of a covenant marriage. The pamphlet must
2-49 list the grounds for divorce under Section 6.903 and the grounds
2-50 for legal separation under Section 6.905.
2-51 (b) The attorney general shall provide the pamphlet to the
2-52 county clerks in the state. A county clerk shall provide the
2-53 pamphlet to each person applying for a license for a covenant
2-54 marriage.
2-55 SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
2-56 by adding Section 6.009 to read as follows:
2-57 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
2-58 subchapter does not apply to a covenant marriage.
2-59 SECTION 6. Chapter 6, Family Code, is amended by adding
2-60 Subchapter J to read as follows:
2-61 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
2-62 SEPARATION
2-63 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. A spouse in a
2-64 covenant marriage who meets the requirements of this subchapter may
2-65 file a suit for:
2-66 (1) dissolution of the covenant marriage; or
2-67 (2) legal separation.
2-68 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION.
2-69 (a) Except as provided by Subsection (b), a spouse in a covenant
3-1 marriage may not file a suit to dissolve a covenant marriage unless
3-2 the parties to the marriage have received counseling from a person
3-3 legally authorized to engage in marriage counseling in an attempt
3-4 to reconcile the marriage. The couple shall participate in the
3-5 counseling until the counselor or both spouses determine that the
3-6 marriage is not salvageable.
3-7 (b) A spouse is not subject to the counseling requirement of
3-8 Subsection (a) if the spouse has obtained a protective order
3-9 against the other spouse under Title 4.
3-10 Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE.
3-11 (a) The court may grant a divorce in a covenant marriage in favor
3-12 of a spouse if:
3-13 (1) the other spouse has committed adultery;
3-14 (2) the other spouse has:
3-15 (A) been convicted of a felony;
3-16 (B) been imprisoned for at least one year in a
3-17 state penitentiary, a federal penitentiary, or a penitentiary of
3-18 another state; and
3-19 (C) not been pardoned;
3-20 (3) the other spouse:
3-21 (A) left the complaining spouse with the
3-22 intention of abandonment; and
3-23 (B) remained away from the complaining spouse
3-24 for at least two years;
3-25 (4) the other spouse committed family violence as
3-26 defined by Section 71.004;
3-27 (5) the spouses have lived apart without cohabitation
3-28 for at least two years; or
3-29 (6) an order of legal separation has been issued to
3-30 one of the spouses under Section 6.905 and the spouses have lived
3-31 apart without reconciliation for at least:
3-32 (A) two years after the date a separation order
3-33 is entered if there are no minor children from the marriage; or
3-34 (B) two years and six months after the date a
3-35 separation order is entered if there is a minor child from the
3-36 marriage.
3-37 (b) The court may not grant a divorce under Subsection
3-38 (a)(2) if the spouse who was convicted of a felony was convicted
3-39 solely on the testimony of the other spouse.
3-40 (c) The court may grant a divorce in a covenant marriage in
3-41 favor of a spouse on the grounds of insupportability under Section
3-42 6.001 if the spouse who filed the petition has obtained a
3-43 protective order against the other spouse under Title 4.
3-44 Sec. 6.904. PROCEDURES IN A SUIT FOR DISSOLUTION. The
3-45 procedures in Subchapters D-H apply to a suit for dissolution of a
3-46 covenant marriage.
3-47 Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant
3-48 marriage may file a suit to obtain from the court an order of legal
3-49 separation if:
3-50 (1) the other spouse has committed adultery;
3-51 (2) the other spouse has:
3-52 (A) been convicted of a felony;
3-53 (B) been imprisoned for at least one year in a
3-54 state penitentiary, a federal penitentiary, or a penitentiary of
3-55 another state; and
3-56 (C) not been pardoned;
3-57 (3) the other spouse:
3-58 (A) left the complaining spouse with the
3-59 intention of abandonment; and
3-60 (B) remained away from the complaining spouse
3-61 for at least one year;
3-62 (4) the other spouse committed family violence as
3-63 defined by Section 71.004;
3-64 (5) the spouses have lived apart without cohabitation
3-65 for at least two years; or
3-66 (6) the other spouse habitually abuses illegal drugs
3-67 or alcohol.
3-68 (b) The court may not issue an order of legal separation
3-69 under Subsection (a)(2) if the spouse who was convicted of a felony
4-1 was convicted on the testimony of the other spouse.
4-2 (c) The procedures in Subchapters D-H apply to a suit for
4-3 legal separation of a covenant marriage.
4-4 SECTION 7. Section 8.002, Family Code, is amended to read as
4-5 follows:
4-6 Sec. 8.002. ELIGIBILITY FOR MAINTENANCE. (a) In a suit for
4-7 dissolution of a marriage or in a proceeding for maintenance in a
4-8 court with personal jurisdiction over both former spouses following
4-9 the dissolution of their marriage by a court that lacked personal
4-10 jurisdiction over an absent spouse, the court may order maintenance
4-11 for either spouse only if:
4-12 (1) the spouse from whom maintenance is requested was
4-13 convicted of or received deferred adjudication for a criminal
4-14 offense that also constitutes an act of family violence under Title
4-15 4 [Chapter 71] and the offense occurred:
4-16 (A) within two years before the date on which a
4-17 suit for dissolution of the marriage is filed; or
4-18 (B) while the suit is pending; or
4-19 (2) the duration of the marriage was 10 years or
4-20 longer, the spouse seeking maintenance lacks sufficient property,
4-21 including property distributed to the spouse under this code, to
4-22 provide for the spouse's minimum reasonable needs, as limited by
4-23 Section 8.005, and the spouse seeking maintenance:
4-24 (A) is unable to support himself or herself
4-25 through appropriate employment because of an incapacitating
4-26 physical or mental disability;
4-27 (B) is the custodian of a child who requires
4-28 substantial care and personal supervision because a physical or
4-29 mental disability makes it necessary, taking into consideration the
4-30 needs of the child, that the spouse not be employed outside the
4-31 home; or
4-32 (C) clearly lacks earning ability in the labor
4-33 market adequate to provide support for the spouse's minimum
4-34 reasonable needs, as limited by Section 8.005.
4-35 (b) The court shall issue a temporary order for maintenance
4-36 in favor of a spouse who files for:
4-37 (1) legal separation of a covenant marriage based on
4-38 abandonment under Section 6.905(a)(3); or
4-39 (2) dissolution of a covenant marriage.
4-40 SECTION 8. Subsection (a), Section 118.011, Local Government
4-41 Code, is amended to read as follows:
4-42 (a) A county clerk shall collect the following fees for
4-43 services rendered to any person:
4-44 (1) Personal Property Records Filing (Sec. 118.012)
4-45 ............................................................ $ 2.00
4-46 (2) Real Property Records Filing (Sec. 118.013):
4-47 for the first page ...................... $ 3.00
4-48 for each additional page or part of a page on
4-49 which there are visible marks of any kind .................. $ 2.00
4-50 for all or part of each 8 1/2" X 14" attachment
4-51 or rider ................................................... $ 2.00
4-52 for each name in excess of five names
4-53 that has to be indexed in all records in which the document
4-54 must be indexed ............................................ $ 0.25
4-55 (3) Certified Papers (Sec. 118.014):
4-56 for the clerk's certificate ............. $ 5.00
4-57 plus a fee for each page or part of a
4-58 page ....................................................... $ 1.00
4-59 (4) Noncertified Papers (Sec. 118.0145):
4-60 for each page or part of a page ......... $ 1.00
4-61 (5) Birth or Death Certificate (Sec. 118.015)
4-62 ........................................... same as state registrar
4-63 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
4-64 (7) Marriage License (Sec. 118.018) ........... $25.00
4-65 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
4-66 (9) Affidavit of Intent to Designate a Marriage as a
4-67 Covenant Marriage (Sec. 118.018) ........................... $12.50
4-68 (10) Declaration of Informal Marriage (Sec. 118.019)
4-69 ............................................................ $25.00
5-1 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
5-2 (12) [(10)] Oath Administration (Sec. 118.021)
5-3 ............................................................ $ 1.00
5-4 SECTION 9. Subsection (a), Section 118.018, Local Government
5-5 Code, is amended to read as follows:
5-6 (a) The fee for a "Marriage License," "Covenant Marriage
5-7 License," or "Affidavit of Intent to Designate a Marriage as a
5-8 Covenant Marriage" under Section 118.011 is for issuing a marriage
5-9 license. The fee must be paid at the time the license is issued.
5-10 SECTION 10. This Act takes effect September 1, 1999.
5-11 SECTION 11. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.
5-16 * * * * *