78R6195 MCK-D
By: Wohlgemuth H.B. No. 1795
A BILL TO BE ENTITLED
AN ACT
relating to the creation and dissolution of a covenant marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.004(b), Family Code, is amended to
read as follows:
(b) The application form must contain:
(1) a heading entitled "Application for Marriage
License, ____________ County, Texas";
(2) spaces for each applicant's full name, including
the woman's maiden surname, address, social security number, if
any, date of birth, and place of birth, including city, county, and
state;
(3) a space for indicating the document tendered by
each applicant as proof of identity and age;
(4) spaces for indicating whether each applicant has
been divorced within the last 30 days;
(5) an instruction for the applicants to mark one of
the boxes beside the following statements and to sign the statement
in the space immediately below the printed statement:
(A) "We, (name of male applicant) and (name of
female applicant), declare our intent to contract a covenant
marriage. We do hereby declare that our marriage will be bound by
Texas law on covenant marriage and we promise to love, honor, and
care for one another as husband and wife for the rest of our
lives."; or
(B) "We, (name of male applicant) and (name of
female applicant), do not wish to enter into a covenant marriage.";
(6) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently married.";
(7) [(6)] printed boxes for each applicant to check
"true" or "false" in response to the following statement: "The
other applicant is not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption; or
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption.";
(8) [(7)] printed boxes for each applicant to check
"true" or "false" in response to the following statement: "I am not
presently delinquent in the payment of court-ordered child
support.";
(9) [(8)] a printed oath reading: "I SOLEMNLY SWEAR
(OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(10) [(9)] spaces immediately below the printed oath
for the applicants' signatures;
(11) [(10)] a certificate of the county clerk that:
(A) each applicant made the oath and the date and
place that it was made; or
(B) an applicant did not appear personally but
the prerequisites for the license have been fulfilled as provided
by this chapter;
(12) [(11)] spaces for indicating the date of the
marriage and the county in which the marriage is performed; and
(13) [(12)] a space for the address to which the
applicants desire the completed license to be mailed.
SECTION 2. Section 2.009, Family Code, is amended by adding
Subsection (e) to read as follows:
(e) The county clerk shall indicate on the marriage license
whether the license is for a covenant marriage.
SECTION 3. Chapter 2, Family Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. COVENANT MARRIAGE
Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT
MARRIAGE. (a) A married couple may designate their marriage as a
covenant marriage by filing a signed and notarized affidavit of
intent to designate the marriage as a covenant marriage.
(b) The affidavit of intent to designate a marriage as a
covenant marriage must contain the following statement:
"We do solemnly declare that marriage is a covenant between a
man and a woman who agree to live together as husband and wife for so
long as they both may live. We understand the nature, purpose, and
responsibilities of marriage and have received counseling on the
obligations of a covenant marriage. We have read the pamphlet on
covenant marriage and understand that a covenant marriage is for
life. We understand that we can get divorced or separated only for a
reason stated in the pamphlet on covenant marriage. If we
experience marital difficulties, we commit ourselves to take all
reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we do
hereby declare that our marriage will be bound by Texas law on
covenant marriage and we renew our promise to love, honor, and care
for one another as husband and wife for the rest of our lives."
(c) The applicants must file the affidavit with:
(1) the clerk of the county that issued the marriage
license under which the applicants were married; or
(2) if the marriage was entered into outside this
state, the clerk of the county in which the couple resides.
(d) A marriage becomes a covenant marriage when a couple
files the affidavit of intent to designate a marriage as a covenant
marriage with the county clerk.
Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple
may enter into a covenant marriage or designate a marriage as a
covenant marriage, the couple must receive counseling from a person
legally authorized to engage in marriage counseling.
(b) The counselor shall:
(1) ensure that the couple discusses important
personal issues, including financial issues and conflict
resolution;
(2) discuss the seriousness of a covenant marriage;
(3) inform the couple that a covenant marriage is a
commitment for life; and
(4) inform the couple of the obligation to seek
marital counseling in times of marital difficulties.
(c) The counselor may discuss any other topic the counselor
considers important to the couple's understanding of the marital
commitment.
Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The
attorney general shall prepare a pamphlet consistent with the
requirements of this subchapter providing a full explanation of the
terms and conditions of a covenant marriage. The pamphlet must list
the grounds for dissolution of a covenant marriage under Section
6.903 and the grounds for legal separation under Section 6.904.
(b) The attorney general shall provide the pamphlet to the
county clerks in the state. A county clerk shall provide the
pamphlet to each person applying for a license for a covenant
marriage.
Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney
general shall develop material to educate county clerks about the
requirements for issuing a covenant marriage license and the
differences between a covenant marriage and a noncovenant marriage.
SECTION 4. Subchapter A, Chapter 6, Family Code, is amended
by adding Section 6.009 to read as follows:
Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This
subchapter does not apply to a covenant marriage.
SECTION 5. Chapter 6, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
SEPARATION
Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse
in a covenant marriage who meets the requirements of this
subchapter may file a suit for:
(1) dissolution of the covenant marriage; or
(2) legal separation.
(b) The procedures in this chapter for a suit for
dissolution of a marriage apply to a suit for dissolution of a
covenant marriage or for legal separation of a covenant marriage.
Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A
spouse in a covenant marriage may not file a suit to dissolve a
covenant marriage unless the parties to the marriage have received
counseling from a person legally authorized to engage in marriage
counseling in an attempt to reconcile the marriage. The couple must
participate in the counseling until the counselor or both spouses
determine that the marriage is not salvageable.
Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE.
(a) The court may grant a divorce in a covenant marriage in favor of
a spouse if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least two years;
(4) the other spouse committed family violence as
defined by Section 71.004 and the spouse reported the family
violence to a law enforcement agency and has filed for a protective
order;
(5) the spouses have lived apart without cohabitation
for at least three years; or
(6) an order of legal separation has been issued to one
of the spouses under Section 6.904 and the spouses have lived apart
without reconciliation for at least:
(A) two years after the date a separation order
is rendered if there are no minor children from the marriage; or
(B) two years and six months after the date a
separation order is rendered if there is a minor child from the
marriage.
(b) The court may not grant a divorce under Subsection
(a)(2) if the spouse who was convicted of a felony was convicted
solely on the testimony of the other spouse.
Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant
marriage may file a suit to obtain from the court an order of legal
separation if:
(1) the other spouse has committed adultery;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned for at least one year in a
state penitentiary, a federal penitentiary, or a penitentiary of
another state; and
(C) not been pardoned;
(3) the other spouse:
(A) left the complaining spouse with the
intention of abandonment; and
(B) remained away from the complaining spouse for
at least one year;
(4) the other spouse committed family violence as
defined by Section 71.004 and the spouse reported the family
violence to a law enforcement agency and has filed for a protective
order;
(5) the spouses have lived apart without cohabitation
for at least three years; or
(6) the other spouse habitually abuses illegal drugs
or alcohol.
(b) The court may not render an order of legal separation
under Subsection (a)(2) if the spouse who was convicted of a felony
was convicted solely on the testimony of the other spouse.
SECTION 6. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.0511 to read as follows:
Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS
INVOLVING COVENANT MARRIAGE. The court shall render a temporary
order for maintenance in favor of a spouse who files for:
(1) legal separation of a covenant marriage based on
abandonment under Section 6.904(a)(3); or
(2) dissolution of a covenant marriage.
SECTION 7. Section 118.011(a), Local Government Code, is
amended to read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec.
118.012) $ 2.00
(2) Real Property Records Filing (Sec. 118.013):
for the first page $ 3.00
for each additional page or part of a page on which
there are visible marks of any kind $ 2.00
for all or part of each 8 1/2" X 14" attachment or
rider $ 2.00
for each name in excess of five names that has to be
indexed in all records in which the document must be
indexed $ 0.25
(3) Certified Papers (Sec. 118.014):
for the clerk's certificate $ 5.00
plus a fee for each page or part of a page $ 1.00
(4) Noncertified Papers (Sec. 118.0145):
for each page or part of a page $ 1.00
(5) Birth or Death Certificate (Sec.
118.015) same as state registrar
(6) Bond Approval (Sec. 118.016) $ 3.00
(7) Noncovenant Marriage License (Sec.
118.018) $30.00
(8) Covenant Marriage License (Sec. 118.018) $12.50
(9) Affidavit of Intent to Designate a Marriage as a
Covenant Marriage (Sec. 118.018) $12.50
(10) Declaration of Informal Marriage (Sec.
118.019) $25.00
(11) [(9)] Brand Registration (Sec. 118.020) $ 5.00
(12) [(10)] Oath Administration (Sec.
118.021) $ 1.00
SECTION 8. Section 118.018(a), Local Government Code, is
amended to read as follows:
(a) The fee for a "Marriage License," "Covenant Marriage
License," or "Affidavit of Intent to Designate a Marriage as a
Covenant Marriage," under Section 118.011 is for issuing a marriage
license. The fee must be paid at the time the license is issued.
SECTION 9. This Act takes effect September 1, 2003.