1-1 By: Haywood, Van de Putte, Lucio S.B. No. 70
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 11, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 2; April 11, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapleigh
1-7 Amend S.B. No. 70 as follows:
1-8 (1) Between SECTIONS 3 and 4 of the bill (Introduced
1-9 version, page 2, between lines 12 and 15), insert the following
1-10 appropriately numbered SECTION:
1-11 SECTION ____. Subsection (c), Section 2.014, Family Code, is
1-12 amended to read as follows:
1-13 (c) The premarital education handbook under Subsection
1-14 (b)(1) shall be distributed to each applicant for a marriage
1-15 license as provided by Section 2.009(c)(5) and shall contain
1-16 information on:
1-17 (1) conflict management;
1-18 (2) communication skills;
1-19 (3) children and parenting responsibilities; [and]
1-20 (4) financial responsibilities; and
1-21 (5) covenant marriage.
1-22 (2) In SECTION 4 of the bill, in added Section 2.601, Family
1-23 Code (Introduced version, page 2, line 29), strike "read the
1-24 pamphlet on covenant marriage" and substitute "received the
1-25 premarital education handbook".
1-26 (3) In SECTION 4 of the bill, in added Section 2.601, Family
1-27 Code (Introduced version, page 2, line 32), strike "pamphlet on
1-28 covenant marriage" and substitute "premarital education handbook".
1-29 (4) In SECTION 4 of the bill, in added Section 2.602, Family
1-30 Code (Introduced version, page 2, lines 49 and 50), strike "read
1-31 the pamphlet on covenant marriage" and substitute "received the
1-32 premarital education handbook".
1-33 (5) In SECTION 4 of the bill, in added Section 2.602, Family
1-34 Code (Introduced version, page 2, line 52), strike "pamphlet on
1-35 covenant marriage" and substitute "premarital education handbook".
1-36 (6) In SECTION 4 of the bill, strike added Section 2.604,
1-37 Family Code (Introduced version, page 3, lines 15-24, and
1-38 substitute the following:
1-39 Sec. 2.604. INFORMATION FOR APPLICANTS. The attorney
1-40 general shall include in the premarital education handbook
1-41 described by Section 2.014, a full explanation of the terms and
1-42 conditions of a covenant marriage, including the grounds for a
1-43 divorce under Section 6.903 and the grounds for legal separation
1-44 under Section 6.904.
1-45 (7) Renumber the SECTIONS of the bill accordingly.
1-46 A BILL TO BE ENTITLED
1-47 AN ACT
1-48 relating to creating a covenant marriage.
1-49 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-50 SECTION 1. Section 2.002, Family Code, is amended to read as
1-51 follows:
1-52 Sec. 2.002. APPLICATION FOR LICENSE. (a) Except as
1-53 provided by Section 2.006, each person applying for a license must:
1-54 (1) appear before the county clerk;
1-55 (2) submit the person's proof of identity and age as
1-56 provided by this subchapter;
1-57 (3) provide the information applicable to that person
1-58 for which spaces are provided in the application for a marriage
1-59 license;
1-60 (4) mark the appropriate boxes provided in the
1-61 application; and
1-62 (5) take the oath printed on the application and sign
1-63 the application before the county clerk.
2-1 (b) A person applying for a license for a covenant marriage
2-2 must complete an affidavit of intent to contract a covenant
2-3 marriage described by Section 2.601.
2-4 SECTION 2. Section 2.004, Family Code, is amended by adding
2-5 Subsection (c) to read as follows:
2-6 (c) The application form for a covenant marriage must
2-7 include the following statement:
2-8 "We, (name of husband) and (name of wife), declare our intent
2-9 to contract a covenant marriage and, accordingly, have executed an
2-10 affidavit of intent to contract a covenant marriage attached to
2-11 this application."
2-12 SECTION 3. Section 2.009, Family Code, is amended by adding
2-13 Subsection (e) to read as follows:
2-14 (e) The county clerk shall indicate on the marriage license
2-15 whether the license is for a covenant marriage.
2-16 SECTION 4. Chapter 2, Family Code, is amended by adding
2-17 Subchapter G to read as follows:
2-18 SUBCHAPTER G. COVENANT MARRIAGE
2-19 Sec. 2.601. AFFIDAVIT OF INTENT TO CONTRACT COVENANT
2-20 MARRIAGE. Each applicant for a covenant marriage shall submit a
2-21 signed and notarized affidavit of intent to enter a covenant
2-22 marriage. The affidavit must contain the following statement:
2-23 "We do solemnly declare that marriage is a covenant between a
2-24 man and a woman who agree to live together as husband and wife for
2-25 so long as they both may live. We have chosen each other carefully
2-26 and disclosed to one another everything that could adversely affect
2-27 the decision to enter into this marriage. We have received
2-28 premarital counseling on the nature, purposes, and responsibilities
2-29 of marriage. We have read the pamphlet on covenant marriage and
2-30 understand that a covenant marriage is for life. We understand
2-31 that we can get divorced or separated only for a reason stated in
2-32 the pamphlet on covenant marriage. If we experience marital
2-33 difficulties, we commit ourselves to take all reasonable efforts to
2-34 preserve our marriage, including marital counseling.
2-35 With full knowledge of what this commitment means, we do
2-36 hereby declare that our marriage will be bound by Texas law on
2-37 covenant marriage and we promise to love, honor, and care for one
2-38 another as husband and wife for the rest of our lives."
2-39 Sec. 2.602. DESIGNATING EXISTING MARRIAGE AS COVENANT
2-40 MARRIAGE. (a) A married couple may designate their marriage as a
2-41 covenant marriage by filing a signed and notarized affidavit of
2-42 intent to designate the marriage as a covenant marriage.
2-43 (b) The affidavit of intent to designate a marriage as a
2-44 covenant marriage must contain the following statement:
2-45 "We do solemnly declare that marriage is a covenant between a
2-46 man and a woman who agree to live together as husband and wife for
2-47 so long as they both may live. We understand the nature, purpose,
2-48 and responsibilities of marriage and have received counseling on
2-49 the obligations of a covenant marriage. We have read the pamphlet
2-50 on covenant marriage and understand that a covenant marriage is for
2-51 life. We understand that we can get divorced or separated only for
2-52 a reason stated in the pamphlet on covenant marriage. If we
2-53 experience marital difficulties, we commit ourselves to take all
2-54 reasonable efforts to preserve our marriage, including marital
2-55 counseling.
2-56 With full knowledge of what this commitment means, we do
2-57 hereby declare that our marriage will be bound by Texas law on
2-58 covenant marriage and we renew our promise to love, honor, and care
2-59 for one another as husband and wife for the rest of our lives."
2-60 (c) The applicants must file the affidavit with:
2-61 (1) the clerk of the county that issued the marriage
2-62 license under which the applicants were married; or
2-63 (2) if the marriage was entered into outside this
2-64 state, the clerk of the county in which the couple resides.
2-65 (d) A marriage becomes a covenant marriage when a couple
2-66 files the affidavit of intent to designate a marriage as a covenant
2-67 marriage with the county clerk.
2-68 Sec. 2.603. COUNSELING REQUIREMENT. (a) Before a couple
2-69 may enter into a covenant marriage or designate a marriage as a
3-1 covenant marriage, the couple must receive counseling from a person
3-2 legally authorized to engage in marriage counseling.
3-3 (b) The counselor shall:
3-4 (1) ensure that the couple discusses important
3-5 personal issues, including financial issues and conflict
3-6 resolution;
3-7 (2) discuss the seriousness of a covenant marriage;
3-8 (3) inform the couple that a covenant marriage is a
3-9 commitment for life; and
3-10 (4) inform the couple of the obligation to seek
3-11 marital counseling in times of marital difficulties.
3-12 (c) The counselor may discuss any other topic the counselor
3-13 considers important to the couple's understanding of the marital
3-14 commitment.
3-15 Sec. 2.604. PAMPHLET ON COVENANT MARRIAGE. (a) The
3-16 attorney general shall prepare a pamphlet consistent with the
3-17 requirements of this subchapter providing a full explanation of the
3-18 terms and conditions of a covenant marriage. The pamphlet must
3-19 list the grounds for divorce under Section 6.903 and the grounds
3-20 for legal separation under Section 6.904.
3-21 (b) The attorney general shall provide the pamphlet to the
3-22 county clerks in the state. A county clerk shall provide the
3-23 pamphlet to each person applying for a license for a covenant
3-24 marriage.
3-25 SECTION 5. Subchapter A, Chapter 6, Family Code, is amended
3-26 by adding Section 6.009 to read as follows:
3-27 Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
3-28 subchapter does not apply to a covenant marriage.
3-29 SECTION 6. Chapter 6, Family Code, is amended by adding
3-30 Subchapter J to read as follows:
3-31 SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
3-32 SEPARATION
3-33 Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. A spouse in a
3-34 covenant marriage who meets the requirements of this subchapter may
3-35 file a suit for:
3-36 (1) dissolution of the covenant marriage; or
3-37 (2) legal separation.
3-38 Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A
3-39 spouse in a covenant marriage may not file a suit to dissolve a
3-40 covenant marriage unless the parties to the marriage have received
3-41 counseling from a person legally authorized to engage in marriage
3-42 counseling in an attempt to reconcile the marriage. The couple
3-43 shall participate in the counseling until the counselor or both
3-44 spouses determine that the marriage is not salvageable.
3-45 Sec. 6.903. GROUNDS FOR DIVORCE OF COVENANT MARRIAGE.
3-46 (a) The court may grant a divorce in a covenant marriage in favor
3-47 of a spouse if:
3-48 (1) the other spouse has committed adultery;
3-49 (2) the other spouse has:
3-50 (A) been convicted of a felony;
3-51 (B) been imprisoned for at least one year in a
3-52 state penitentiary, a federal penitentiary, or a penitentiary of
3-53 another state; and
3-54 (C) not been pardoned;
3-55 (3) the other spouse:
3-56 (A) left the complaining spouse with the
3-57 intention of abandonment; and
3-58 (B) remained away from the complaining spouse
3-59 for at least two years;
3-60 (4) the other spouse committed family violence as
3-61 defined by Section 71.004;
3-62 (5) the spouses have lived apart without cohabitation
3-63 for at least three years; or
3-64 (6) an order of legal separation has been issued to
3-65 one of the spouses under Section 6.904 and the spouses have lived
3-66 apart without reconciliation for at least:
3-67 (A) two years after the date a separation order
3-68 is entered if there are no minor children from the marriage; or
3-69 (B) two years and six months after the date a
4-1 separation order is entered if there is a minor child from the
4-2 marriage.
4-3 (b) The court may not grant a divorce under Subsection
4-4 (a)(2) if the spouse who was convicted of a felony was convicted
4-5 solely on the testimony of the other spouse.
4-6 Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant
4-7 marriage may file a suit to obtain from the court an order of legal
4-8 separation if:
4-9 (1) the other spouse has committed adultery;
4-10 (2) the other spouse has:
4-11 (A) been convicted of a felony;
4-12 (B) been imprisoned for at least one year in a
4-13 state penitentiary, a federal penitentiary, or a penitentiary of
4-14 another state; and
4-15 (C) not been pardoned;
4-16 (3) the other spouse:
4-17 (A) left the complaining spouse with the
4-18 intention of abandonment; and
4-19 (B) remained away from the complaining spouse
4-20 for at least one year;
4-21 (4) the other spouse committed family violence as
4-22 defined by Section 71.004;
4-23 (5) the spouses have lived apart without cohabitation
4-24 for at least three years; or
4-25 (6) the other spouse habitually abuses illegal drugs
4-26 or alcohol.
4-27 (b) The court may not issue an order of legal separation
4-28 under Subsection (a)(2) if the spouse who was convicted of a felony
4-29 was convicted on the testimony of the other spouse.
4-30 (c) The procedures in this chapter for a suit for
4-31 dissolution of a marriage apply to a suit for legal separation of a
4-32 covenant marriage.
4-33 SECTION 7. Section 8.002, Family Code, is amended by adding
4-34 Subsection (c) to read as follows:
4-35 (c) The court shall issue a temporary order for maintenance
4-36 in favor of a spouse who files for:
4-37 (1) legal separation of a covenant marriage based on
4-38 abandonment under Section 6.904(a)(3); or
4-39 (2) dissolution of a covenant marriage.
4-40 SECTION 8. Subsection (a), Section 118.011, Local Government
4-41 Code, is amended to read as follows:
4-42 (a) A county clerk shall collect the following fees for
4-43 services rendered to any person:
4-44 (1) Personal Property Records Filing (Sec.
4-45 118.012) ................................................... $ 2.00
4-46 (2) Real Property Records Filing (Sec. 118.013):
4-47 for the first page ............................ $ 3.00
4-48 for each additional page or part of a page on which
4-49 there are visible marks of any kind ........................ $ 2.00
4-50 for all or part of each 8 1/2" X 14" attachment or
4-51 rider ...................................................... $ 2.00
4-52 for each name in excess of five names that has
4-53 to be indexed in all records in which the document must be
4-54 indexed .................................................... $ 0.25
4-55 (3) Certified Papers (Sec. 118.014):
4-56 for the clerk's certificate ................... $ 5.00
4-57 plus a fee for each page or part of a page .... $ 1.00
4-58 (4) Noncertified Papers (Sec. 118.0145):
4-59 for each page or part of a page ............... $ 1.00
4-60 (5) Birth or Death Certificate (Sec.
4-61 118.015) .................................. same as state registrar
4-62 (6) Bond Approval (Sec. 118.016) .............. $ 3.00
4-63 (7) Marriage License (Sec. 118.018) ........... $30.00
4-64 (8) Covenant Marriage License (Sec. 118.018) .. $12.50
4-65 (9) Affidavit of Intent to Designate a Marriage as a
4-66 Covenant Marriage (Sec. 118.018) ........................... $12.50
4-67 (10) Declaration of Informal Marriage (Sec.
4-68 118.019) ................................................... $25.00
4-69 (11) [(9)] Brand Registration (Sec. 118.020) .. $ 5.00
5-1 (12) [(10)] Oath Administration (Sec.
5-2 118.021) ................................................... $ 1.00
5-3 SECTION 9. Subsection (a), Section 118.018, Local Government
5-4 Code, is amended to read as follows:
5-5 (a) The fee for a "Marriage License," "Covenant Marriage
5-6 License," or "Affidavit of Intent to Designate a Marriage as a
5-7 Covenant Marriage" under Section 118.011 is for issuing a marriage
5-8 license. The fee must be paid at the time the license is issued.
5-9 SECTION 10. This Act takes effect September 1, 2001.
5-10 * * * * *