By Wentworth                                          S.B. No. 1162
         76R7703 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration and funding of certain marital
 1-3     education courses, including courses required to obtain a marriage
 1-4     license.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2.002, Family Code, is amended to read as
 1-7     follows:
 1-8           Sec. 2.002.  APPLICATION FOR LICENSE.  Except as provided by
 1-9     Section 2.006, each person applying for a license must:
1-10                 (1)  appear before the county clerk;
1-11                 (2)  submit the person's proof of identity and age as
1-12     provided by this subchapter;
1-13                 (3)  provide the information applicable to that person
1-14     for which spaces are provided in the application for a marriage
1-15     license;
1-16                 (4)  mark the appropriate boxes provided in the
1-17     application;
1-18                 (5)  provide proof of completion of a premarital
1-19     education course or submit an affidavit of waiver of that
1-20     requirement as provided by Section 2.013; and
1-21                 (6) [(5)]  take the oath printed on the application and
1-22     sign the application before the county clerk.
1-23           SECTION 2.  Section 2.009, Family Code, is amended to conform
1-24     to Section 1, Chapter 698, Acts of the 75th Legislature, Regular
 2-1     Session, 1997, and amended by amending Subsections (a) and (c) and
 2-2     adding Subsection (e) to read as follows:
 2-3           (a)  Except as provided by Subsections (b) and (d), the
 2-4     county clerk may not issue a license if either applicant:
 2-5                 (1)  fails to provide the information required by this
 2-6     subchapter;
 2-7                 (2)  fails to submit proof of age and identity;
 2-8                 (3)  is under 14 years of age and has not been granted
 2-9     a court order as provided by Section 2.103;
2-10                 (4)  is 14 years of age or older but under 18 years of
2-11     age and has not presented at least one of the following:
2-12                       (A)  parental consent as provided by Section
2-13     2.102;
2-14                       (B)  documents establishing that a prior marriage
2-15     of the applicant has been dissolved; or
2-16                       (C)  a court order as provided by Section 2.103;
2-17                 (5)  checks "false" in response to a statement in the
2-18     application, except as provided by Subsection (b) or (d), or fails
2-19     to make a required declaration in an affidavit required of an
2-20     absent applicant; [or]
2-21                 (6)  indicates that the applicant has been divorced by
2-22     a decree of a court of this state within the last 30 days, unless:
2-23                       (A)  the applicants were divorced from each
2-24     other; or
2-25                       (B)  the prohibition against remarriage is waived
2-26     as provided by Section 6.802; or
2-27                 (7)  fails to submit proof of completion of a
 3-1     premarital education course or an affidavit of waiver of that
 3-2     requirement as provided by Section 2.013.
 3-3           (c)  On the proper execution of the application, the clerk
 3-4     shall:
 3-5                 (1)  prepare the license;
 3-6                 (2)  enter on [record on the reverse side of] the
 3-7     license the names of the licensees, the date that the license is
 3-8     issued, and, if applicable, the name of the person appointed to act
 3-9     as proxy for an absent applicant, if any;
3-10                 (3)  record the time at which the license was issued;
3-11     [and]
3-12                 (4)  distribute to each applicant printed materials
3-13     about acquired immune deficiency syndrome (AIDS) and human
3-14     immunodeficiency virus (HIV) and note on the license that the
3-15     distribution was made; and
3-16                 (5)  distribute to each applicant an unsigned anonymous
3-17     informational questionnaire that the applicant may complete and
3-18     return to the clerk.
3-19           (e)  The clerk shall maintain each questionnaire returned
3-20     under Subsection (c)(5) in a separate file to preserve the
3-21     confidentiality of the information and shall provide the
3-22     questionnaires on request to the researchers from the Texas Tech
3-23     University human development and family studies department.  The
3-24     researchers shall develop the questionnaire and provide sufficient
3-25     copies to the county clerk of each county.
3-26           SECTION 3.  Subchapter A, Chapter 2, Family Code, is amended
3-27     by adding Sections 2.013 and 2.014 to read as follows:
 4-1           Sec. 2.013.  PREMARITAL EDUCATION REQUIREMENTS; WAIVER.  (a)
 4-2     Each person applying for a marriage license must present a
 4-3     certificate of completion of a premarital education course that is
 4-4     signed by the course provider.  The course must consist of at least
 4-5     four hours and have been completed not more than one year before
 4-6     the date of the application for the license.  The certificate may
 4-7     not be issued to a person before the person has completed the
 4-8     course.
 4-9           (b)  The certificate under Subsection (a) must indicate:
4-10                 (1)  the name of the participant;
4-11                 (2)  the name of the course provider;
4-12                 (3)  the date the course was completed; and
4-13                 (4)  whether the course was completed by:
4-14                       (A)  personal instruction;
4-15                       (B)  videotape instruction;
4-16                       (C)  instruction through an electronic medium; or
4-17                       (D)  a combination of these methods.
4-18           (c)  A premarital education course must include instruction
4-19     in:
4-20                 (1)  conflict management;
4-21                 (2)  communication skills;
4-22                 (3)  children and parenting responsibilities;
4-23                 (4)  financial responsibilities; and
4-24                 (5)  other problems reported by married persons who
4-25     seek marital or individual counseling.
4-26           (d)  A person required to complete a course under this
4-27     section may take the course from:
 5-1                 (1)  a licensed marriage and family therapist;
 5-2                 (2)  a licensed psychologist;
 5-3                 (3)  a licensed master social worker who is recognized
 5-4     as an advanced clinical practitioner;
 5-5                 (4)  a licensed professional counselor;
 5-6                 (5)  a religious practitioner who performs counseling
 5-7     consistent with the laws of this state or another person designated
 5-8     as a program counselor by a church or religious institution; or
 5-9                 (6)  any other person designated as a course provider
5-10     by the county clerk, including a properly trained school counselor.
5-11           (e)  Each county clerk shall maintain a roster of area course
5-12     providers, including providers who offer the course on a sliding
5-13     scale or without charge.  The clerk shall provide a copy of the
5-14     roster on request to an applicant for a marriage license.
5-15           (f)  An applicant for a marriage license who takes a course
5-16     under this section shall pay the fee charged for the course.
5-17           (g)  A person who seeks to act as a course provider shall
5-18     submit a written application to the county clerk of the county in
5-19     which the person intends to offer a course.  The application must
5-20     be in the form of an affidavit that includes the applicant's
5-21     professional license number or evidence of the person's position or
5-22     affiliation with a church or religious institution, as appropriate,
5-23     and an address at which the course provider may be contacted.
5-24           (h)  The Texas Tech University human development and family
5-25     studies department shall evaluate premarital education courses
5-26     offered under this section throughout the state to determine the
5-27     effectiveness of the courses.  The department may create premarital
 6-1     education pilot programs to be administered by course providers.  A
 6-2     course offered in a pilot program shall use the statistical
 6-3     information and data obtained by department researchers.
 6-4           (i)  The requirement to complete a premarital education
 6-5     course under this section does not apply to an applicant for a
 6-6     marriage license who submits to the county clerk an affidavit of
 6-7     waiver that is signed by the applicant and states that the
 6-8     applicant did not complete the course because of hardship,
 6-9     inability to participate in a course, or refusal to take the
6-10     course.
6-11           Sec. 2.014.  FAMILY TRUST FUND.  (a)  The family trust fund
6-12     is created as a trust fund with the state comptroller and shall be
6-13     administered by the attorney general for the beneficiaries of the
6-14     fund.
6-15           (b)  Money in the trust fund is derived from depositing $10
6-16     of each marriage license fee as authorized under Section
6-17     118.018(c), Local Government Code, and may be used only for:
6-18                 (1)  the development and distribution of a family law
6-19     handbook by the family law council of the State Bar of Texas;
6-20                 (2)  grants to institutions of higher education having
6-21     academic departments that are capable of research on marriage and
6-22     divorce that will assist in determining programs, courses, and
6-23     policies to help strengthen families and assist children whose
6-24     parents are divorcing;
6-25                 (3)  support for counties to create or administer free
6-26     or low-cost premarital education courses;
6-27                 (4)  programs intended to reduce the amount of
 7-1     delinquent child support; and
 7-2                 (5)  other programs the attorney general determines
 7-3     will assist families in this state.
 7-4           SECTION 4.  Section 118.011(a), Local Government Code, is
 7-5     amended to read as follows:
 7-6           (a)  A county clerk shall collect the following fees for
 7-7     services rendered to any person:
 7-8                 (1)  Personal Property Records Filing (Sec. 118.012)
 7-9                        ......................................... $ 2.00
7-10                 (2)  Real Property Records Filing (Sec. 118.013):
7-11                      for the first page ........................ $ 3.00
7-12                      for each  additional  page  or  part  of  a page
7-13                        on  which  there  are visible  marks  of  any
7-14                        kind .................................... $ 2.00
7-15                      or all or part of each 8 1/2" X 14" attachment or
7-16                        rider ................................... $ 2.00
7-17                      for each name in excess of five names that has to
7-18                        be indexed in all records in which the document
7-19                        must be indexed ......................... $ 0.25
7-20                 (3)  Certified Papers (Sec. 118.014):
7-21                      for the clerk's certificate ............... $ 5.00
7-22                      plus  a  fee  for  each  page  or  part  of   a
7-23                        page .................................... $ 1.00
7-24                 (4)  Noncertified Papers (Sec. 118.0145):
7-25                      for each page or part of a page ........... $ 1.00
7-26                 (5)  Birth or Death Certificate (Sec. 118.015)
7-27                        ........................ same as state registrar
 8-1                 (6)  Bond Approval (Sec. 118.016) .............. $ 3.00
 8-2                 (7)  Marriage License (Sec. 118.018):
 8-3                      for an applicant who completed a premarital
 8-4                        education course ........................ $25.00
 8-5                      for an applicant who submitted an affidavit of
 8-6                        waiver of the premarital education course
 8-7                        requirement ............................. $35.00
 8-8                 (8)  Declaration of Informal Marriage (Sec. 118.019)
 8-9                        ......................................... $25.00
8-10                 (9)  Brand Registration (Sec. 118.020) ......... $ 5.00
8-11                 (10)  Oath Administration (Sec. 118.021) ....... $ 1.00
8-12           SECTION 5.  Section 118.018, Local Government Code, is
8-13     amended by adding Subsection (c) to read as follows:
8-14           (c)  A county clerk who collects a fee under this section
8-15     from a marriage license applicant who submits an affidavit of
8-16     waiver of the premarital education course requirement shall remit
8-17     $10 of that fee to the comptroller for deposit in the family trust
8-18     fund established under Section 2.014, Family Code.
8-19           SECTION 6.  (a)  The family law council of the State Bar of
8-20     Texas may create a handbook to explain provisions of state law that
8-21     pertain to the rights of married persons and the responsibilities
8-22     married persons have to each other and to their children, both
8-23     during marriage and after dissolution of the marriage.  The
8-24     material in the handbook may be provided on videotape or another
8-25     electronic method.  The handbook must be reviewed for accuracy by a
8-26     committee appointed by the supreme court.
8-27           (b)  A handbook created under this section shall be made
 9-1     available by the county clerk at the time a person applies for a
 9-2     marriage license.  The clerk may also make the information
 9-3     available on videotape or another electronic method.
 9-4           (c)  The handbook must be updated annually and may include
 9-5     information on the following:
 9-6                 (1)  prenuptial agreements as a contract and as an
 9-7     opportunity to structure financial arrangements and other aspects
 9-8     of the marital relationship;
 9-9                 (2)  shared parental responsibility for children,
9-10     including the determination of the primary residence or custody of
9-11     a child, visitation issues, telephone access, and requirements
9-12     relating to providing notice of changes of information;
9-13                 (3)  child support requirements;
9-14                 (4)  property rights, including equitable distribution,
9-15     premarital property, and nonmarital property;
9-16                 (5)  family violence and child abuse and neglect,
9-17     including the penalties for those behaviors;
9-18                 (6)  court procedures for marriage dissolution with or
9-19     without legal assistance, including who may attend, the recording
9-20     of proceedings, access to records, and the costs of accessing
9-21     records;
9-22                 (7)  any parent education course requirements
9-23     established for dissolution of a marriage in which there are
9-24     children under 18 years of age; and
9-25                 (8)  community resources available to divorcing parents
9-26     and their children.
9-27           SECTION 7.  (a)  Section 1, Chapter 698, Acts of the 75th
 10-1    Legislature, Regular Session, 1997, is repealed.
 10-2          (b)  To the extent of any conflict, this Act prevails over
 10-3    another Act of the 76th Legislature, Regular Session, 1999,
 10-4    relating to nonsubstantive additions to and corrections in enacted
 10-5    codes.
 10-6          SECTION 8.  (a)  This Act takes effect September 1, 1999.
 10-7          (b)  The change in law made by this Act applies to an
 10-8    application for a marriage license filed on or after the effective
 10-9    date of this Act.  An application filed before the effective date
10-10    of this Act is governed by the law in effect on the date the
10-11    application was filed, and the former law is continued in effect
10-12    for that purpose.
10-13          SECTION 9.  The importance of this legislation and the
10-14    crowded condition of the calendars in both houses create an
10-15    emergency and an imperative public necessity that the
10-16    constitutional rule requiring bills to be read on three several
10-17    days in each house be suspended, and this rule is hereby suspended.