79R3368 MCK-D

By:  Delisi                                                       H.B. No. 1228



A BILL TO BE ENTITLED

AN ACT

relating to persons who are authorized to conduct a marriage 
ceremony.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.202(a), Family Code, is amended to 
read as follows:    
	(a)  The following persons are authorized to conduct a 
marriage ceremony:    
		(1)  a licensed or ordained Christian minister or 
priest;                   
		(2)  a Jewish rabbi;                                                          
		(3)  a person who is an officer of a religious 
organization and who is authorized by the organization to conduct a 
marriage ceremony; [and]
		(4)  a justice of the supreme court, judge of the court 
of criminal appeals, justice of the courts of appeals, judge of the 
district, county, and probate courts, judge of the county courts at 
law, judge of the courts of domestic relations, judge of the 
juvenile courts, retired justice or judge of those courts, justice 
of the peace, retired justice of the peace, or judge or magistrate 
of a federal court of this state;
		(5)  a current member of the state legislature;                        
		(6)  a former member of the state legislature who held 
that office on or after September 1, 2005;
		(7)  a current statewide-elected state official; and                   
		(8)  a former statewide-elected state official who held 
that office on or after September 1, 2005.
	SECTION 2.  Subchapter C, Chapter 572, Government Code, is 
amended by adding Section 572.060 to read as follows:
	Sec. 572.060.  USE OF STATE EMPLOYEES OR CERTAIN STATE 
PROPERTY; PROHIBITION OF REMUNERATION.  (a)  A person authorized to 
conduct a marriage ceremony under Section 2.202(a)(5) or (7), 
Family Code, may not use in the course of any duties associated with 
conducting a ceremony:
		(1)  the services of a state employee during the 
employee's normal working hours; or
		(2)  postage or stationery purchased with state funds.                 
	(b)  A person authorized to conduct a marriage ceremony under 
Section 2.202(a)(5) or (7), Family Code, may not receive:
		(1)  remuneration for performance of the ceremony; or                  
		(2)  any gift with a value greater than $50 for 
performance of the ceremony.
	SECTION 3.  The change in law made by this Act applies only 
to a marriage between a man and a woman.  Nothing in this Act may be 
construed to authorize a same-sex marriage.
	SECTION 4.  This Act takes effect September 1, 2005.