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.