By Wohlgemuth H.B. No. 352
77R1803 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of 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) In addition to the requirements of Subsection (a), a
1-19 person applying for a license for a covenant marriage must complete
1-20 an affidavit of intent to contract a covenant marriage described
1-21 by Section 2.601.
1-22 SECTION 2. Section 2.004, Family Code, is amended by adding
1-23 Subsection (c) to read as follows:
1-24 (c) In addition to the requirements of Subsection (b), the
2-1 application form for a covenant marriage must include the following
2-2 statement:
2-3 "We, (name of husband) and (name of wife), declare our intent
2-4 to contract a covenant marriage and, accordingly, have executed an
2-5 affidavit of intent to contract a covenant marriage attached to
2-6 this application."
2-7 SECTION 3. Section 2.009, Family Code, is amended by adding
2-8 Subsection (e) to read as follows:
2-9 (e) The county clerk shall indicate on the marriage license
2-10 whether the license is for a covenant marriage.
2-11 SECTION 4. Chapter 2, Family Code, is amended by adding
2-12 Subchapter G to read as follows:
2-13 SUBCHAPTER G. COVENANT MARRIAGE
2-14 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-15 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-16 signed and notarized affidavit of intent to enter a covenant
2-17 marriage. The affidavit must contain the following statement:
2-18 "We do solemnly declare that marriage is a covenant between a
2-19 man and a woman who agree to live together as husband and wife for
2-20 so long as they both may live. We have chosen each other carefully
2-21 and disclosed to one another everything that could adversely affect
2-22 the decision to enter into this marriage. We have received
2-23 premarital counseling on the nature, purposes, and responsibilities
2-24 of marriage. We have read the pamphlet on covenant marriage and
2-25 understand that a covenant marriage is for life. We understand
2-26 that we can get divorced or separated only for a reason stated in
2-27 the pamphlet on covenant marriage. If we experience marital
3-1 difficulties, we commit ourselves to take all reasonable efforts to
3-2 preserve our marriage, including marital counseling.
3-3 With full knowledge of what this commitment means, we do
3-4 hereby declare that our marriage will be bound by Texas law on
3-5 covenant marriage and we promise to love, honor, and care for one
3-6 another as husband and wife for the rest of our lives."
3-7 Sec. 2.602. DESIGNATING EXISTING MARRIAGE TO COVENANT
3-8 MARRIAGE. (a) A married couple may designate their marriage as a
3-9 covenant marriage by filing a signed and notarized affidavit of
3-10 intent to designate the marriage as a covenant marriage.
3-11 (b) The affidavit of intent to designate a marriage as a
3-12 covenant marriage must contain the following statement:
3-13 "We do solemnly declare that marriage is a covenant between a
3-14 man and a woman who agree to live together as husband and wife for
3-15 so long as they both may live. We understand the nature, purpose,
3-16 and responsibilities of marriage and have received counseling on
3-17 the obligations of a covenant marriage. We have read the pamphlet
3-18 on covenant marriage and understand that a covenant marriage is for
3-19 life. We understand that we can get divorced or separated only for
3-20 a reason stated in the pamphlet on covenant marriage. If we
3-21 experience marital difficulties, we commit ourselves to take all
3-22 reasonable efforts to preserve our marriage, including marital
3-23 counseling.
3-24 With full knowledge of what this commitment means, we do
3-25 hereby declare that our marriage will be bound by Texas law on
3-26 covenant marriage and we renew our promise to love, honor, and care
3-27 for one another as husband and wife for the rest of our lives."
4-1 (c) The applicants must file the affidavit with:
4-2 (1) the clerk of the county that issued the marriage
4-3 license under which the applicants were married; or
4-4 (2) if the marriage was entered into outside this
4-5 state, the clerk of the county in which the couple resides.
4-6 (d) A marriage becomes a covenant marriage when a couple
4-7 files the affidavit of intent to designate a marriage as a covenant
4-8 marriage with the county clerk.
4-9 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
4-10 may enter into a covenant marriage or designate a marriage as a
4-11 covenant marriage, the couple must receive counseling from a person
4-12 legally authorized to engage in marriage counseling.
4-13 (b) The counselor shall:
4-14 (1) ensure that the couple discusses important
4-15 personal issues, including financial issues and conflict
4-16 resolution;
4-17 (2) discuss the seriousness of a covenant marriage;
4-18 (3) inform the couple that a covenant marriage is a
4-19 commitment for life; and
4-20 (4) inform the couple of the obligation to seek
4-21 marital counseling in times of marital difficulties.
4-22 (c) The counselor may discuss any other topic the counselor
4-23 considers important to the couple's understanding of the marital
4-24 commitment.
4-25 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
4-26 attorney general shall prepare a pamphlet consistent with the
4-27 requirements of this subchapter providing a full explanation of the
5-1 terms and conditions of a covenant marriage. The pamphlet must
5-2 list the grounds for dissolution of a covenant marriage under
5-3 Section 6.903 and the grounds for legal separation under Section
5-4 6.904.
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 AND LEGAL
5-16 SEPARATION
5-17 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse
5-18 in a covenant marriage who meets the requirements of this
5-19 subchapter may file a suit for:
5-20 (1) dissolution of the covenant marriage; or
5-21 (2) legal separation.
5-22 (b) The procedures in this chapter for a suit for
5-23 dissolution of a marriage apply to a suit for dissolution of a
5-24 covenant marriage or for legal separation of a covenant marriage.
5-25 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A
5-26 spouse in a covenant marriage may not file a suit to dissolve a
5-27 covenant marriage unless the parties to the marriage have received
6-1 counseling from a person legally authorized to engage in marriage
6-2 counseling in an attempt to reconcile the marriage. The couple
6-3 must participate in the counseling until the counselor or both
6-4 spouses determine that the marriage is not salvageable.
6-5 Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE.
6-6 (a) The court may grant a divorce in a covenant marriage in favor
6-7 of a spouse if:
6-8 (1) the other spouse has committed adultery;
6-9 (2) the other spouse has:
6-10 (A) been convicted of a felony;
6-11 (B) been imprisoned for at least one year in a
6-12 state penitentiary, a federal penitentiary, or a penitentiary of
6-13 another state; and
6-14 (C) not been pardoned;
6-15 (3) the other spouse:
6-16 (A) left the complaining spouse with the
6-17 intention of abandonment; and
6-18 (B) remained away from the complaining spouse
6-19 for at least two years;
6-20 (4) the other spouse committed family violence as
6-21 defined by Section 71.004;
6-22 (5) the spouses have lived apart without cohabitation
6-23 for at least three years; or
6-24 (6) an order of legal separation has been issued to
6-25 one of the spouses under Section 6.904 and the spouses have lived
6-26 apart without reconciliation for at least:
6-27 (A) two years after the date a separation order
7-1 is rendered if there are no minor children from the marriage; or
7-2 (B) two years and six months after the date a
7-3 separation order is rendered if there is a minor child from the
7-4 marriage.
7-5 (b) The court may not grant a divorce under Subsection
7-6 (a)(2) if the spouse who was convicted of a felony was convicted
7-7 solely on the testimony of the other spouse.
7-8 Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant
7-9 marriage may file a suit to obtain from the court an order of legal
7-10 separation if:
7-11 (1) the other spouse has committed adultery;
7-12 (2) the other spouse has:
7-13 (A) been convicted of a felony;
7-14 (B) been imprisoned for at least one year in a
7-15 state penitentiary, a federal penitentiary, or a penitentiary of
7-16 another state; and
7-17 (C) not been pardoned;
7-18 (3) the other spouse:
7-19 (A) left the complaining spouse with the
7-20 intention of abandonment; and
7-21 (B) remained away from the complaining spouse
7-22 for at least one year;
7-23 (4) the other spouse committed family violence as
7-24 defined by Section 71.004;
7-25 (5) the spouses have lived apart without cohabitation
7-26 for at least three years; or
7-27 (6) the other spouse habitually abuses illegal drugs
8-1 or alcohol.
8-2 (b) The court may not render an order of legal separation
8-3 under Subsection (a)(2) if the spouse who was convicted of a felony
8-4 was convicted on the testimony of the other spouse.
8-5 SECTION 7. Section 8.002, Family Code, is amended by adding
8-6 Subsection (c) to read as follows:
8-7 (c) The court shall render a temporary order for maintenance
8-8 in favor of a spouse who files for:
8-9 (1) legal separation of a covenant marriage based on
8-10 abandonment under Section 6.904(a)(3); or
8-11 (2) dissolution of a covenant marriage.
8-12 SECTION 8. Section 118.011(a), Local Government Code, is
8-13 amended to read as follows:
8-14 (a) A county clerk shall collect the following fees for
8-15 services rendered to any person:
8-16 (1) Personal Property Records Filing (Sec.
8-17 118.012) ...................................... $ 2.00
8-18 (2) Real Property Records Filing (Sec. 118.013):
8-19 for the first page ............................ $ 3.00
8-20 for each additional page or part of a page on
8-21 which there are visible marks of any kind ..... $ 2.00
8-22 for all or part of each 8 1/2" X 14" attachment or
8-23 rider ......................................... $ 2.00
8-24 for each name in excess of five names that has
8-25 to be indexed in all records in which the document
8-26 must be indexed .............................. $ 0.25
8-27 (3) Certified Papers (Sec. 118.014):
9-1 for the clerk's certificate ................... $ 5.00
9-2 plus a fee for each page or part of a page .... $ 1.00
9-3 (4) Noncertified Papers (Sec. 118.0145):
9-4 for each page or part of a page ............... $ 1.00
9-5 (5) Birth or Death Certificate (Sec.
9-6 118.015) ..................... same as state registrar
9-7 (6) Bond Approval (Sec. 118.016) .................... $ 3.00
9-8 (7) Marriage License (Sec. 118.018) ................. $30.00
9-9 (8) Covenant Marriage License (Sec. 118.018) ........ $12.50
9-10 (9) Affidavit of Intent to Designate a Marriage as a
9-11 Covenant Marriage (Sec. 118.018) .............. $12.50
9-12 (10) Declaration of Informal Marriage (Sec.
9-13 118.019) ...................................... $25.00
9-14 (11) [(9)] Brand Registration (Sec. 118.020) ........ $ 5.00
9-15 (12) [(10)] Oath Administration (Sec. 118.021) ...... $ 1.00
9-16 SECTION 9. Section 118.018(a), Local Government Code, is
9-17 amended to read as follows:
9-18 (a) The fee for a "Marriage License," "Covenant Marriage
9-19 License," or "Affidavit of Intent to Designate a Marriage as a
9-20 Covenant Marriage," under Section 118.011 is for issuing a marriage
9-21 license. The fee must be paid at the time the license is issued.
9-22 SECTION 10. This Act takes effect September 1, 2001.