79R5892 JMM-F

By:  Eiland                                                       H.B. No. 2620



A BILL TO BE ENTITLED

AN ACT

relating to the recognition of an informal marriage.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 194.001, Health and Safety Code, is 
amended to read as follows:
	Sec. 194.001.  REPORT OF MARRIAGE.  [(a)]  The county clerk 
shall file with the bureau of vital statistics a copy of each 
completed marriage license application.  The clerk shall file the 
copy not later than the 90th day after the date of the application.  
The clerk may not collect a fee for filing the copy.
	[(b)  The county clerk shall file with the bureau of vital 
statistics a copy of each declaration of informal marriage executed 
under Section 1.92, Family Code.  The clerk shall file the copy not 
later than the 90th day after the date on which the declaration is 
executed.]
	SECTION 2.  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)  Marriage License (Sec. 118.018)        $30.00                            
		(8)  [Declaration   of   Informal   Marriage   (Sec. 
118.019) $25.00
		[(9)]  Brand Registration (Sec. 118.020)  $5.00              
		(9) [(10)]  Oath Administration (Sec. 118.021)  $1.00 
	SECTION 3.  Section 118.022(a), Local Government Code, is 
amended to read as follows:
	(a)  The county clerk shall deposit, as provided by 
Subchapter B, Chapter 133, $12.50 of each fee collected for 
issuance of a marriage license [or declaration of informal 
marriage] to be sent to the comptroller and deposited as provided by 
Subsection (b).
	SECTION 4.  Subchapter E, Chapter 2, Family Code, and 
Section 118.019, Local Government Code, are repealed.
	SECTION 5.  (a) A person may not enter into an informal 
marriage after the effective date of this Act.  An informal marriage 
entered into before the effective date of this Act is governed by 
the law in effect immediately before the effective date of this Act, 
and the former law is continued in effect for that purpose.
	(b)  An informal marriage entered into before the effective 
date of this Act may be proved as provided by Section 2.401, Family 
Code, as that section existed immediately before the effective date 
of this Act.
	SECTION 6.  This Act takes effect September 1, 2005.