78R9569 KSD-D


By:  Chisum, Geren, Kuempel, Campbell, Hopson,                    H.B. No. 38 
 
    et al.                                                                   

Substitute the following for H.B. No. 38:                                     

By:  Madden                                                   C.S.H.B. No. 38 



A BILL TO BE ENTITLED

AN ACT

relating to the recognition of a same-sex marriage or a civil union.          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter C, Chapter 6, Family Code, is amended 
by adding Section 6.204 to read as follows:
	Sec. 6.204.  RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL 
UNION.  (a)  In this section, "civil union" means any relationship 
status other than marriage that:
		(1)  is intended as an alternative to marriage or 
applies primarily to cohabitating persons; and
		(2)  grants to the parties of the relationship legal 
protections, benefits, or responsibilities granted to the spouses 
of a marriage.
	(b)  A marriage between persons of the same sex or a civil 
union is contrary to the public policy of this state and is void in 
this state.
	(c)  The state or an agency or political subdivision of the 
state may not give effect to a:
		(1)  public act, record, or judicial proceeding that 
creates, recognizes, or validates a marriage between persons of the 
same sex or a civil union in this state or in any other 
jurisdiction; or
		(2)  right or claim to any legal protection, benefit, 
or responsibility asserted as a result of a marriage between 
persons of the same sex or a civil union in this state or in any 
other jurisdiction.
	SECTION 2.  The legislature finds that through the 
designation of guardians, the appointment of agents, and the use of 
private contracts persons may adequately and properly appoint 
guardians and arrange rights relating to hospital visitation, 
property, and the entitlement to proceeds of life insurance 
policies without the existence of any legally recognized familial 
relationship between the persons.
	SECTION 3.  This Act applies to a same-sex marriage or a 
civil union regardless of whether the marriage or civil union was 
entered into before, on, or after the effective date of this Act.
	SECTION 4.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.