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.