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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and dissolution of a covenant marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.004(b), Family Code, is amended to |
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read as follows: |
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(b) The application form must contain: |
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(1) a heading entitled "Application for Marriage |
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License, ___________ County, Texas"; |
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(2) spaces for each applicant's full name, including |
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the woman's maiden surname, address, social security number, if |
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any, date of birth, and place of birth, including city, county, and |
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state; |
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(3) a space for indicating the document tendered by |
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each applicant as proof of identity and age; |
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(4) spaces for indicating whether each applicant has |
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been divorced within the last 30 days; |
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(5) an instruction for the applicants to mark one of |
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the boxes beside the following statements and to sign the statement |
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in the space immediately below the printed statement: |
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(A) "We, (name of male applicant) and (name of |
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female applicant), declare our intent to contract a covenant |
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marriage. We do hereby declare that our marriage will be bound by |
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Texas law on covenant marriage and we promise to love, honor, and |
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care for one another as husband and wife for the rest of our |
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lives."; or |
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(B) "We, (name of male applicant) and (name of |
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female applicant), do not wish to enter into a covenant marriage."; |
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(6) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "I am not |
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presently married and the other applicant is not presently |
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married."; |
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(7) [(6)] printed boxes for each applicant to check |
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"true" or "false" in response to the following statement: "The |
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other applicant is not related to me as: |
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(A) an ancestor or descendant, by blood or |
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adoption; |
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(B) a brother or sister, of the whole or half |
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blood or by adoption; |
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(C) a parent's brother or sister, of the whole or |
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half blood or by adoption; |
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(D) a son or daughter of a brother or sister, of |
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the whole or half blood or by adoption; |
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(E) a current or former stepchild or stepparent; |
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or |
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(F) a son or daughter of a parent's brother or |
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sister, of the whole or half blood or by adoption."; |
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(8) [(7)] printed boxes for each applicant to check |
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"true" or "false" in response to the following statement: "I am not |
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presently delinquent in the payment of court-ordered child |
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support."; |
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(9) [(8)] a printed oath reading: "I SOLEMNLY SWEAR |
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(OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS |
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CORRECT."; |
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(10) [(9)] spaces immediately below the printed oath |
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for the applicants' signatures; |
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(11) [(10)] a certificate of the county clerk that: |
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(A) each applicant made the oath and the date and |
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place that it was made; or |
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(B) an applicant did not appear personally but |
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the prerequisites for the license have been fulfilled as provided |
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by this chapter; |
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(12) [(11)] spaces for indicating the date of the |
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marriage and the county in which the marriage is performed; and |
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(13) [(12)] a space for the address to which the |
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applicants desire the completed license to be mailed. |
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SECTION 2. Section 2.009, Family Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) The county clerk shall indicate on the marriage license |
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whether the license is for a covenant marriage. |
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SECTION 3. Chapter 2, Family Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. COVENANT MARRIAGE |
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Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT |
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MARRIAGE. (a) A married couple may designate their marriage as a |
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covenant marriage by filing: |
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(1) a signed and notarized affidavit of intent to |
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designate a marriage as a covenant marriage; and |
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(2) a copy of the couple's marriage license. |
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(b) The affidavit of intent to designate a marriage as a |
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covenant marriage must contain the following statement: |
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"We do solemnly declare that marriage is a covenant between a |
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man and a woman who agree to live together as husband and wife for so |
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long as they both may live. We understand the nature, purpose, and |
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responsibilities of marriage and have received counseling on the |
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obligations of a covenant marriage. We have read the pamphlet on |
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covenant marriage and understand that a covenant marriage is for |
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life. We understand that we can get divorced or separated only for a |
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reason stated in the pamphlet on covenant marriage. If we |
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experience marital difficulties, we commit ourselves to take all |
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reasonable efforts to preserve our marriage, including marital |
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counseling. |
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With full knowledge of what this commitment means, we do |
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hereby declare that our marriage will be bound by Texas law on |
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covenant marriage and we renew our promise to love, honor, and care |
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for one another as husband and wife for the rest of our lives." |
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(c) The applicants must file the affidavit and marriage |
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license with: |
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(1) the clerk of the county that issued the marriage |
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license under which the applicants were married; or |
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(2) if the marriage was entered into outside this |
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state, the clerk of the county in which the couple resides. |
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(d) On receipt of the affidavit and marriage license under |
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Subsection (a), the county clerk shall: |
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(1) designate on the marriage license that the |
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marriage is a covenant marriage; and |
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(2) attach a copy of the affidavit to the marriage |
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license. |
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(e) A marriage becomes a covenant marriage when a couple |
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files the affidavit of intent to designate a marriage as a covenant |
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marriage with the county clerk. |
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Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple |
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may enter into a covenant marriage or designate a marriage as a |
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covenant marriage, the couple must receive counseling from a person |
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legally authorized to engage in marriage counseling. |
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(b) The counselor shall: |
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(1) ensure that the couple discusses important |
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personal issues, including financial issues and conflict |
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resolution; |
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(2) discuss the seriousness of a covenant marriage; |
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(3) inform the couple that a covenant marriage is a |
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commitment for life; and |
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(4) inform the couple of the obligation to seek |
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marital counseling in times of marital difficulties. |
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(c) The counselor may discuss any other topic the counselor |
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considers important to the couple's understanding of the marital |
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commitment. |
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Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The |
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attorney general shall prepare a pamphlet consistent with the |
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requirements of this subchapter providing a full explanation of the |
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terms and conditions of a covenant marriage. The pamphlet must list |
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the grounds for dissolution of a covenant marriage under Section |
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6.903 and the grounds for legal separation under Section 6.904. |
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(b) The attorney general shall provide the pamphlet to the |
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county clerks in the state. A county clerk shall provide the |
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pamphlet to each person applying for a license for a covenant |
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marriage. |
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Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney |
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general shall develop material to educate county clerks about the |
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requirements for issuing a covenant marriage license and the |
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differences between a covenant marriage and a noncovenant marriage. |
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SECTION 4. Subchapter A, Chapter 6, Family Code, is amended |
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by adding Section 6.009 to read as follows: |
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Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. This |
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subchapter does not apply to a covenant marriage. |
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SECTION 5. Chapter 6, Family Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL |
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SEPARATION |
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Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse |
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in a covenant marriage who meets the requirements of this |
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subchapter may file a suit for: |
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(1) dissolution of the covenant marriage; or |
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(2) legal separation. |
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(b) The procedures in this chapter for a suit for |
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dissolution of a marriage apply to a suit for dissolution of a |
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covenant marriage or for legal separation of a covenant marriage. |
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Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. A |
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spouse in a covenant marriage may not file a suit to dissolve a |
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covenant marriage unless the parties to the marriage have received |
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counseling from a person legally authorized to engage in marriage |
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counseling in an attempt to reconcile the marriage. The couple must |
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participate in the counseling until the counselor or both spouses |
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determine that the marriage is not salvageable. |
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Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE. |
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(a) The court may grant a divorce in a covenant marriage in favor of |
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a spouse if: |
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(1) the other spouse has committed adultery; |
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(2) the other spouse has: |
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(A) been convicted of a felony; |
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(B) been imprisoned for at least one year in a |
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state penitentiary, a federal penitentiary, or a penitentiary of |
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another state; and |
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(C) not been pardoned; |
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(3) the other spouse: |
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(A) left the complaining spouse with the |
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intention of abandonment; and |
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(B) remained away from the complaining spouse for |
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at least two years; |
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(4) the other spouse committed family violence as |
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defined by Section 71.004 and the spouse reported the family |
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violence to a law enforcement agency and has filed for a protective |
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order; |
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(5) the spouses have lived apart without cohabitation |
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for at least three years; or |
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(6) an order of legal separation has been issued to one |
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of the spouses under Section 6.904 and the spouses have lived apart |
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without reconciliation for at least: |
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(A) two years after the date a separation order |
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is rendered if there are no minor children from the marriage; or |
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(B) two years and six months after the date a |
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separation order is rendered if there is a minor child from the |
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marriage. |
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(b) The court may not grant a divorce under Subsection |
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(a)(2) if the spouse who was convicted of a felony was convicted |
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solely on the testimony of the other spouse. |
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Sec. 6.904. LEGAL SEPARATION. (a) A spouse in a covenant |
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marriage may file a suit to obtain from the court an order of legal |
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separation if: |
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(1) the other spouse has committed adultery; |
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(2) the other spouse has: |
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(A) been convicted of a felony; |
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(B) been imprisoned for at least one year in a |
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state penitentiary, a federal penitentiary, or a penitentiary of |
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another state; and |
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(C) not been pardoned; |
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(3) the other spouse: |
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(A) left the complaining spouse with the |
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intention of abandonment; and |
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(B) remained away from the complaining spouse for |
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at least one year; |
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(4) the other spouse committed family violence as |
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defined by Section 71.004 and the spouse reported the family |
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violence to a law enforcement agency and has filed for a protective |
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order; |
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(5) the spouses have lived apart without cohabitation |
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for at least three years; or |
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(6) the other spouse habitually abuses illegal drugs |
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or alcohol. |
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(b) The court may not render an order of legal separation |
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under Subsection (a)(2) if the spouse who was convicted of a felony |
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was convicted solely on the testimony of the other spouse. |
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SECTION 6. Subchapter B, Chapter 8, Family Code, is amended |
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by adding Section 8.0511 to read as follows: |
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Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS |
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INVOLVING COVENANT MARRIAGE. The court shall render a temporary |
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order for maintenance in favor of a spouse who files for: |
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(1) legal separation of a covenant marriage based on |
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abandonment under Section 6.904(a)(3); or |
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(2) dissolution of a covenant marriage. |
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SECTION 7. Section 194.001, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) The county clerk shall file with the bureau of vital |
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statistics a copy of each declaration of informal marriage executed |
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under Section 2.402 [1.92], Family Code. The clerk shall file the |
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copy not later than the 90th day after the date on which the |
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declaration is executed. |
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(c) The county clerk shall file with the bureau of vital |
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statistics a copy of each affidavit of intent to designate a |
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marriage as a covenant marriage executed under Section 2.601, |
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Family Code. The clerk shall file the copy not later than the 90th |
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day after the date on which the affidavit is executed. |
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SECTION 8. Section 194.0011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING |
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MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of |
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the Health and Human Services Commission [board] by rule shall |
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prescribe the format and content of the: |
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(1) form used for the marriage license application; |
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and |
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(2) affidavit of intent to designate a marriage as a |
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covenant marriage. |
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(b) The bureau of vital statistics shall print and |
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distribute the forms and affidavits to each county clerk throughout |
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the state. |
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(c) The form and affidavit adopted by the executive |
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commissioner [board] shall replace locally adopted forms and |
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affidavits. |
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(d) A county clerk may reproduce the executive |
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commissioner's [board's] form and affidavit locally. |
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SECTION 9. Section 118.011(a), Local Government Code, is |
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amended to read as follows: |
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(a) A county clerk shall collect the following fees for |
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services rendered to any person: |
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(1) Personal Property Records Filing (Sec. 118.012): |
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for the first page $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind $ 4.00 |
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(2) Real Property Records Filing (Sec. 118.013): |
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for the first page $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind $ 4.00 |
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for all or part of each 8-1/2" X 14" attachment |
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or rider $ 4.00 |
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for each name in excess of five names that has to |
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be indexed in all records in which the document must be |
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indexed $ 0.25 |
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(3) Certified Papers (Sec. 118.014): |
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for the clerk's certificate $ 5.00 |
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plus a fee for each page or part of a |
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page $ 1.00 |
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(4) Noncertified Papers (Sec. 118.0145): |
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for each page or part of a page $ 1.00 |
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(5) Birth or Death Certificate (Sec. |
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118.015) same as state registrar |
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(6) Bond Approval (Sec. 118.016) $ 3.00 |
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(7) Noncovenant Marriage License |
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(Sec. 118.018) $30.00 |
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(8) Covenant Marriage License |
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(Sec. 118.018) $12.50 |
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(9) Affidavit of Intent to Designate a Marriage as a |
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Covenant Marriage (Sec. 118.018) $12.50 |
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(10) Declaration of Informal Marriage (Sec. |
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118.019) $25.00 |
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(11) [(9)] Brand Registration (Sec. |
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118.020) $ 5.00 |
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(12) [(10)] Oath Administration (Sec. |
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118.021) $ 1.00 |
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SECTION 10. Section 118.018(a), Local Government Code, is |
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amended to read as follows: |
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(a) The fee for a "Marriage License," "Covenant Marriage |
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License," or "Affidavit of Intent to Designate a Marriage as a |
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Covenant Marriage," under Section 118.011 is for issuing a marriage |
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license. The fee must be paid at the time the license is issued. |
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SECTION 11. This Act takes effect September 1, 2007. |