By: Haywood, et al. S.B. No. 70
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating 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) A person applying for a license for a covenant marriage
1-19 must complete an affidavit of intent to contract a covenant
1-20 marriage described by Section 2.601.
1-21 SECTION 2. Section 2.004, Family Code, is amended by adding
1-22 Subsection (c) to read as follows:
1-23 (c) The application form for a covenant marriage must
1-24 include the following statement:
1-25 "We, (name of husband) and (name of wife), declare our intent
2-1 to contract a covenant marriage and, accordingly, have executed an
2-2 affidavit of intent to contract a covenant marriage attached to
2-3 this application."
2-4 SECTION 3. Section 2.009, Family Code, is amended by adding
2-5 Subsection (e) to read as follows:
2-6 (e) The county clerk shall indicate on the marriage license
2-7 whether the license is for a covenant marriage.
2-8 SECTION 4. Subsection (c), Section 2.014, Family Code, is
2-9 amended to read as follows:
2-10 (c) The premarital education handbook under Subsection
2-11 (b)(1) shall be distributed to each applicant for a marriage
2-12 license as provided by Section 2.009(c)(5) and shall contain
2-13 information on:
2-14 (1) conflict management;
2-15 (2) communication skills;
2-16 (3) children and parenting responsibilities; [and]
2-17 (4) financial responsibilities; and
2-18 (5) covenant marriage.
2-19 SECTION 5. Chapter 2, Family Code, is amended by adding
2-20 Subchapter G to read as follows:
2-21 SUBCHAPTER G. COVENANT MARRIAGE
2-22 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-23 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-24 signed and notarized affidavit of intent to enter a covenant
2-25 marriage. The affidavit must contain the following statement:
2-26 "We do solemnly declare that marriage is a covenant between a
3-1 man and a woman who agree to live together as husband and wife for
3-2 so long as they both may live. We have chosen each other carefully
3-3 and disclosed to one another everything that could adversely affect
3-4 the decision to enter into this marriage. We have received
3-5 premarital counseling on the nature, purposes, and responsibilities
3-6 of marriage. We have received the premarital education handbook
3-7 and understand that a covenant marriage is for life. We understand
3-8 that we can get divorced or separated only for a reason stated in
3-9 the premarital education handbook. If we experience marital
3-10 difficulties, we commit ourselves to take all reasonable efforts to
3-11 preserve our marriage, including marital counseling.
3-12 With full knowledge of what this commitment means, we do
3-13 hereby declare that our marriage will be bound by Texas law on
3-14 covenant marriage and we promise to love, honor, and care for one
3-15 another as husband and wife for the rest of our lives."
3-16 Sec. 2.602. DESIGNATING EXISTING MARRIAGE AS COVENANT
3-17 MARRIAGE. (a) A married couple may designate their marriage as a
3-18 covenant marriage by filing a signed and notarized affidavit of
3-19 intent to designate the marriage as a covenant marriage.
3-20 (b) The affidavit of intent to designate a marriage as a
3-21 covenant marriage must contain the following statement:
3-22 "We do solemnly declare that marriage is a covenant between a
3-23 man and a woman who agree to live together as husband and wife for
3-24 so long as they both may live. We understand the nature, purpose,
3-25 and responsibilities of marriage and have received counseling on
3-26 the obligations of a covenant marriage. We have received the
4-1 premarital education handbook and understand that a covenant
4-2 marriage is for life. We understand that we can get divorced or
4-3 separated only for a reason stated in the premarital education
4-4 handbook. If we experience marital difficulties, we commit
4-5 ourselves to take all reasonable efforts to preserve our marriage,
4-6 including marital counseling.
4-7 With full knowledge of what this commitment means, we do
4-8 hereby declare that our marriage will be bound by Texas law on
4-9 covenant marriage and we renew our promise to love, honor, and care
4-10 for one another as husband and wife for the rest of our lives."
4-11 (c) The applicants must file the affidavit with:
4-12 (1) the clerk of the county that issued the marriage
4-13 license under which the applicants were married; or
4-14 (2) if the marriage was entered into outside this
4-15 state, the clerk of the county in which the couple resides.
4-16 (d) A marriage becomes a covenant marriage when a couple
4-17 files the affidavit of intent to designate a marriage as a covenant
4-18 marriage with the county clerk.
4-19 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
4-20 may enter into a covenant marriage or designate a marriage as a
4-21 covenant marriage, the couple must receive counseling from a person
4-22 legally authorized to engage in marriage counseling.
4-23 (b) The counselor shall:
4-24 (1) ensure that the couple discusses important
4-25 personal issues, including financial issues and conflict
4-26 resolution;
5-1 (2) discuss the seriousness of a covenant marriage;
5-2 (3) inform the couple that a covenant marriage is a
5-3 commitment for life; and
5-4 (4) inform the couple of the obligation to seek
5-5 marital counseling in times of marital difficulties.
5-6 (c) The counselor may discuss any other topic the counselor
5-7 considers important to the couple's understanding of the marital
5-8 commitment.
5-9 Sec. 2.604. INFORMATION FOR APPLICANTS. The attorney
5-10 general shall include in the premarital education handbook
5-11 described by Section 2.014, a full explanation of the terms and
5-12 conditions of a covenant marriage, including the grounds for a
5-13 divorce under Section 6.903 and the grounds for legal separation
5-14 under Section 6.904.
5-15 SECTION 6. Subchapter A, Chapter 6, Family Code, is amended
5-16 by adding Section 6.009 to read as follows:
5-17 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
5-18 subchapter does not apply to a covenant marriage.
5-19 SECTION 7. Chapter 6, Family Code, is amended by adding
5-20 Subchapter J to read as follows:
5-21 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
5-22 SEPARATION
5-23 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. A spouse in a
5-24 covenant marriage who meets the requirements of this subchapter may
5-25 file a suit for:
5-26 (1) dissolution of the covenant marriage; or
6-1 (2) legal separation.
6-2 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A
6-3 spouse in a covenant marriage may not file a suit to dissolve a
6-4 covenant marriage unless the parties to the marriage have received
6-5 counseling from a person legally authorized to engage in marriage
6-6 counseling in an attempt to reconcile the marriage. The couple
6-7 shall participate in the counseling until the counselor or both
6-8 spouses determine that the marriage is not salvageable.
6-9 Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE.
6-10 (a) The court may grant a divorce in a covenant marriage in favor
6-11 of a spouse if:
6-12 (1) the other spouse has committed adultery;
6-13 (2) the other spouse has:
6-14 (A) been convicted of a felony;
6-15 (B) been imprisoned for at least one year in a
6-16 state penitentiary, a federal penitentiary, or a penitentiary of
6-17 another state; and
6-18 (C) not been pardoned;
6-19 (3) the other spouse:
6-20 (A) left the complaining spouse with the
6-21 intention of abandonment; and
6-22 (B) remained away from the complaining spouse
6-23 for at least two years;
6-24 (4) the other spouse committed family violence as
6-25 defined by Section 71.004;
6-26 (5) the spouses have lived apart without cohabitation
7-1 for at least three years; or
7-2 (6) an order of legal separation has been issued to
7-3 one of the spouses under Section 6.904 and the spouses have lived
7-4 apart without reconciliation for at least:
7-5 (A) two years after the date a separation order
7-6 is entered if there are no minor children from the marriage; or
7-7 (B) two years and six months after the date a
7-8 separation order is entered if there is a minor child from the
7-9 marriage.
7-10 (b) The court may not grant a divorce under Subsection
7-11 (a)(2) if the spouse who was convicted of a felony was convicted
7-12 solely on the testimony of the other spouse.
7-13 Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant
7-14 marriage may file a suit to obtain from the court an order of legal
7-15 separation if:
7-16 (1) the other spouse has committed adultery;
7-17 (2) the other spouse has:
7-18 (A) been convicted of a felony;
7-19 (B) been imprisoned for at least one year in a
7-20 state penitentiary, a federal penitentiary, or a penitentiary of
7-21 another state; and
7-22 (C) not been pardoned;
7-23 (3) the other spouse:
7-24 (A) left the complaining spouse with the
7-25 intention of abandonment; and
7-26 (B) remained away from the complaining spouse
8-1 for at least one year;
8-2 (4) the other spouse committed family violence as
8-3 defined by Section 71.004;
8-4 (5) the spouses have lived apart without cohabitation
8-5 for at least three years; or
8-6 (6) the other spouse habitually abuses illegal drugs
8-7 or alcohol.
8-8 (b) The court may not issue an order of legal separation
8-9 under Subsection (a)(2) if the spouse who was convicted of a felony
8-10 was convicted on the testimony of the other spouse.
8-11 (c) The procedures in this chapter for a suit for
8-12 dissolution of a marriage apply to a suit for legal separation of a
8-13 covenant marriage.
8-14 SECTION 8. Section 8.002, Family Code, is amended by adding
8-15 Subsection (c) to read as follows:
8-16 (c) The court shall issue a temporary order for maintenance
8-17 in favor of a spouse who files for:
8-18 (1) legal separation of a covenant marriage based on
8-19 abandonment under Section 6.904(a)(3); or
8-20 (2) dissolution of a covenant marriage.
8-21 SECTION 9. Subsection (a), Section 118.011, Local Government
8-22 Code, is amended to read as follows:
8-23 (a) A county clerk shall collect the following fees for
8-24 services rendered to any person:
8-25 (1) Personal Property Records Filing (Sec.
8-26 118.012) ................................................... $ 2.00
9-1 (2) Real Property Records Filing (Sec. 118.013):
9-2 for the first page ............................ $ 3.00
9-3 for each additional page or part of a page on which
9-4 there are visible marks of any kind ........................ $ 2.00
9-5 for all or part of each 8 1/2" X 14" attachment or
9-6 rider ...................................................... $ 2.00
9-7 for each name in excess of five names that has
9-8 to be indexed in all records in which the document must be
9-9 indexed .................................................... $ 0.25
9-10 (3) Certified Papers (Sec. 118.014):
9-11 for the clerk's certificate ................... $ 5.00
9-12 plus a fee for each page or part of a page .... $ 1.00
9-13 (4) Noncertified Papers (Sec. 118.0145):
9-14 for each page or part of a page ............... $ 1.00
9-15 (5) Birth or Death Certificate (Sec.
9-16 118.015) .................................. same as state registrar
9-17 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
9-18 (7) Marriage License (Sec. 118.018) ........... $30.00
9-19 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
9-20 (9) Affidavit of Intent to Designate a Marriage as a
9-21 Covenant Marriage (Sec. 118.018) ........................... $12.50
9-22 (10) Declaration of Informal Marriage (Sec.
9-23 118.019) ................................................... $25.00
9-24 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
9-25 (12) [(10)] Oath Administration (Sec.
9-26 118.021) ................................................... $ 1.00
10-1 SECTION 10. Subsection (a), Section 118.018, Local
10-2 Government Code, is amended to read as follows:
10-3 (a) The fee for a "Marriage License," "Covenant Marriage
10-4 License," or "Affidavit of Intent to Designate a Marriage as a
10-5 Covenant Marriage" under Section 118.011 is for issuing a marriage
10-6 license. The fee must be paid at the time the license is issued.
10-7 SECTION 11. This Act takes effect September 1, 2001.