78R1217 KSD-D

By:  Chisum                                                       H.B. No. 38 



A BILL TO BE ENTITLED

AN ACT

relating to the recognition of a same-sex marriage or civil union.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter B, Chapter 1, Family Code, is amended 
by adding Section 1.109 to read as follows:
	Sec. 1.109.  RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL 
UNION.  (a)  In this section, "civil union" means any relationship 
status that grants to the parties of the relationship the same legal 
protections, benefits, and responsibilities as are granted to the 
spouses of a marriage.
	(b)  The state may not give effect to a:                                
		(1)  public act, record, or judicial proceeding that 
recognizes or validates a marriage or civil union between persons 
of the same sex; or
		(2)  right or claim asserted as a result of the 
purported marriage or civil union.
	SECTION 2.   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.