77R15271 MCK-D                          
         By Haywood, et al.                                      S.B. No. 70
         Substitute the following for S.B. No. 70:
         By Goodman                                          C.S.S.B. No. 70
                                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.  Section 2.014(c), Family Code, is amended to read
2-12     as follows:
2-13           (c)  The premarital education handbook under Subsection
2-14     (b)(1) shall be distributed to each applicant for a marriage
2-15     license as provided by Section 2.009(c)(5) and shall contain
2-16     information on:
2-17                 (1)  conflict management;
2-18                 (2)  communication skills;
2-19                 (3)  children and parenting responsibilities; [and]
2-20                 (4)  financial responsibilities; and
2-21                 (5)  covenant marriage.
2-22           SECTION 5.  Chapter 2, Family Code, is amended by adding
2-23     Subchapter G to read as follows:
2-24                      SUBCHAPTER G.  COVENANT MARRIAGE
2-25           Sec. 2.601.  AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-26     MARRIAGE.  Each applicant for a covenant marriage shall submit a
2-27     signed and notarized affidavit of intent to enter a covenant
 3-1     marriage. The affidavit must contain the following statement:
 3-2           "We do solemnly declare that marriage is a covenant between a
 3-3     man and a woman who agree to live together as husband and wife for
 3-4     so long as they both may live.  We have chosen each other carefully
 3-5     and disclosed to one another everything that could adversely affect
 3-6     the decision to enter into this marriage.  We have received
 3-7     premarital counseling on the nature, purposes, and responsibilities
 3-8     of marriage.  We have received the premarital education handbook
 3-9     and understand that a covenant marriage is for life.  If we
3-10     experience marital difficulties, we commit ourselves to take all
3-11     reasonable efforts to preserve our marriage, including marital
3-12     counseling.
3-13           "With full knowledge of what this commitment means, we do
3-14     hereby declare that our marriage will be bound by Texas law on
3-15     covenant marriage and we promise to love, honor, and care for one
3-16     another as husband and wife for the rest of our lives."
3-17           Sec. 2.602.  DESIGNATING EXISTING MARRIAGE TO COVENANT
3-18     MARRIAGE.  (a)  A married couple may designate their marriage as a
3-19     covenant marriage by filing a signed and notarized affidavit of
3-20     intent to designate the marriage as a covenant marriage.
3-21           (b)  The affidavit of intent to designate a marriage as a
3-22     covenant marriage must contain the following statement:
3-23           "We do solemnly declare that marriage is a covenant between a
3-24     man and a woman who agree to live together as husband and wife for
3-25     so long as they both may live.  We understand the nature, purpose,
3-26     and responsibilities of marriage and have received counseling on
3-27     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.  If we experience marital difficulties, we
 4-3     commit ourselves to take all reasonable efforts to preserve our
 4-4     marriage, including marital counseling.
 4-5           "With full knowledge of what this commitment means, we do
 4-6     hereby declare that our marriage will be bound by Texas law on
 4-7     covenant marriage and we renew our promise to love, honor, and care
 4-8     for one another as husband and wife for the rest of our lives."
 4-9           (c)  The applicants must file the affidavit with:
4-10                 (1)  the clerk of the county that issued the marriage
4-11     license under which the applicants were married; or
4-12                 (2)  if the marriage was entered into outside this
4-13     state, the clerk of the county in which the couple resides.
4-14           (d)  A marriage becomes a covenant marriage when a couple
4-15     files the affidavit of intent to designate a marriage as a covenant
4-16     marriage with the county clerk.
4-17           Sec. 2.603.  COUNSELING REQUIREMENT.  (a)  Before a couple
4-18     may enter into a covenant marriage or designate a marriage as a
4-19     covenant marriage, the couple must receive counseling from a person
4-20     legally authorized to engage in marriage counseling.
4-21           (b)  The counselor shall:
4-22                 (1)  ensure that the couple discusses important
4-23     personal issues, including financial issues and conflict
4-24     resolution;
4-25                 (2)  discuss the seriousness of a covenant marriage;
4-26                 (3)  inform the couple that a covenant marriage is a
4-27     commitment for life; and
 5-1                 (4)  inform the couple of the obligation to seek
 5-2     marital counseling in times of marital difficulties.
 5-3           (c)  The counselor may discuss any other topic the counselor
 5-4     considers important to the couple's understanding of the marital
 5-5     commitment.
 5-6           Sec. 2.604.  INFORMATION FOR APPLICANTS.  The attorney
 5-7     general shall include in the premarital education handbook
 5-8     described by Section 2.014, a full explanation of the terms and
 5-9     conditions of a covenant marriage, including the grounds for
5-10     dissolution of a covenant marriage.
5-11           SECTION 6.  Chapter 6, Family Code, is amended by adding
5-12     Subchapter J to read as follows:
5-13               SUBCHAPTER J.  DISSOLUTION OF COVENANT MARRIAGE
5-14           Sec. 6.901.  SUIT FOR DISSOLUTION OF COVENANT MARRIAGE.  (a)
5-15     A spouse in a covenant marriage who meets the requirements of this
5-16     subchapter may file a suit for dissolution of the covenant
5-17     marriage.
5-18           (b)  Except as otherwise provided by this subchapter, the
5-19     grounds and procedures in this subtitle for a suit for dissolution
5-20     of a marriage apply to a suit for dissolution of a covenant
5-21     marriage.
5-22           Sec. 6.902.  COUNSELING REQUIREMENT BEFORE FILING SUIT FOR
5-23     DISSOLUTION. (a)  A spouse in a covenant marriage may not file a
5-24     suit for dissolution of a covenant marriage unless:
5-25                 (1)  the parties to the covenant marriage have received
5-26     at least one session of marriage counseling from a person legally
5-27     authorized to engage in marriage counseling in an attempt to
 6-1     reconcile the marriage; or
 6-2                 (2)  the spouse filing the petition for dissolution has
 6-3     received at least one session of marriage counseling after
 6-4     unsuccessfully attempting to schedule joint counseling.
 6-5           (b)  If both parties to a covenant marriage agree to waive
 6-6     the counseling requirements of Subsection (a), a spouse in a
 6-7     covenant marriage may file a suit for dissolution of a covenant
 6-8     marriage without receiving marriage counseling.
 6-9           Sec.  6.903.  WAITING PERIOD BEFORE DISSOLUTION. (a)  Except
6-10     as provided by Subsections (b) and (c), a court may not render an
6-11     order dissolving a covenant marriage unless:
6-12                 (1)  the spouses have lived separate and apart without
6-13     reconciliation for at least one year; and
6-14                 (2)  before or after the date of filing the suit for
6-15     dissolution:
6-16                       (A)  the parties to the covenant marriage
6-17     received at least six counseling sessions from a person legally
6-18     authorized to engage in marriage counseling in an attempt to
6-19     reconcile the marriage and at least three of the sessions were
6-20     joint sessions; or
6-21                       (B)  the spouse filing the petition for
6-22     dissolution received at least six marriage counseling sessions,
6-23     including separate sessions if the spouse unsuccessfully attempted
6-24     to schedule joint counseling.
6-25           (b)  If a spouse has committed family violence, as defined by
6-26     Section 71.004, the court may render an order dissolving a covenant
6-27     marriage:
 7-1                 (1)  after the spouses have lived separate and apart
 7-2     for at least 60 days after the date the suit for dissolution was
 7-3     filed; and
 7-4                 (2)  without either spouse receiving marriage
 7-5     counseling.
 7-6           (c)  If both parties to a covenant marriage agree to waive
 7-7     the counseling requirements of Subsection (a)(2), the court may
 7-8     render an order dissolving a covenant marriage without either
 7-9     spouse receiving marriage counseling.
7-10           Sec. 6.904.  MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD
7-11     RELATIONSHIP. (a)  The petition in a suit for dissolution of a
7-12     covenant marriage must state whether there are children born or
7-13     adopted of the marriage who are under 18 years of age or who are
7-14     otherwise entitled to child support as provided by Chapter 154.
7-15           (b)  If the parties to the suit are parents of a child, and
7-16     the child is not subject to the continuing jurisdiction of another
7-17     court as provided by Chapter 155, the suit for dissolution of a
7-18     covenant marriage must include a suit affecting the parent-child
7-19     relationship.
7-20           (c)  The provisions of Section 6.407 regarding transfer of a
7-21     suit affecting the parent-child relationship apply to a suit for
7-22     dissolution of a covenant marriage.
7-23           SECTION 7.  Section 8.002, Family Code, is amended by adding
7-24     Subsection (c) to read as follows:
7-25           (c)  If the court finds that a spouse requires maintenance in
7-26     order to meet the minimum reasonable needs of that spouse, the
7-27     court shall render a temporary order for maintenance in favor of
 8-1     that spouse in a suit for dissolution of a covenant marriage.
 8-2           SECTION 8.  Section 118.011(a), Local Government Code, is
 8-3     amended to read as follows:
 8-4           (a)  A county clerk shall collect the following fees for
 8-5     services rendered to any person:
 8-6           (1)  Personal Property Records Filing (Sec.
 8-7                  118.012) ...................................... $ 2.00
 8-8           (2)  Real Property Records Filing (Sec. 118.013):
 8-9                  for the first page ............................ $ 3.00
8-10                  for each additional page or part of a page on
8-11                  which there are visible marks of any kind ..... $ 2.00
8-12                  for all or part of each 8 1/2" X 14" attachment or
8-13                  rider ......................................... $ 2.00
8-14                  for  each  name in excess of five names that has
8-15                  to be indexed in all records in which the document
8-16                  must be indexed  .............................. $ 0.25
8-17           (3)  Certified Papers (Sec. 118.014):
8-18                  for the clerk's certificate ................... $ 5.00
8-19                  plus a fee for each page or part of a page .... $ 1.00
8-20           (4)  Noncertified Papers (Sec. 118.0145):
8-21                  for each page or part of a page ............... $ 1.00
8-22           (5)  Birth  or  Death  Certificate  (Sec.
8-23                  118.015) ..................... same as state registrar
8-24           (6)  Bond Approval (Sec. 118.016) .................... $ 3.00
8-25           (7)  Marriage License (Sec. 118.018) ................. $30.00
8-26           (8)  Covenant Marriage License (Sec. 118.018) ........ $12.50
8-27           (9)  Affidavit of Intent to Designate a Marriage as a
 9-1                  Covenant Marriage (Sec. 118.018) .............. $12.50
 9-2           (10)  Declaration of Informal Marriage (Sec.
 9-3                  118.019) ...................................... $25.00
 9-4           (11) [(9)]  Brand Registration (Sec. 118.020) ........ $ 5.00
 9-5           (12) [(10)]  Oath Administration (Sec. 118.021) ...... $ 1.00
 9-6           SECTION 9.  Section 118.018(a), Local Government Code, is
 9-7     amended to read as follows:
 9-8           (a)  The fee for a "Marriage License," "Covenant Marriage
 9-9     License," or "Affidavit of Intent to Designate a Marriage as a
9-10     Covenant Marriage," under Section 118.011 is for issuing a marriage
9-11     license.  The fee must be paid at the time the license is issued.
9-12           SECTION 10.  This Act takes effect September 1, 2001.