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.