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.