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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements relating to an application for a |
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marriage license and an affidavit of an absent applicant for a |
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marriage license and to the maintenance of marriage and divorce |
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indexes by the bureau of vital statistics; providing penalties. |
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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) printed boxes for each applicant to check "true" |
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or "false" in response to the following statements [statement]: |
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(A) "I am not presently married and the other |
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applicant is not presently married under the laws of this state or |
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any other jurisdiction."; |
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(B) "I do not desire to marry the other applicant |
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to circumvent immigration laws or for the sole purpose of obtaining |
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immigration benefits."; and |
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(C) "I have not received and will not accept |
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consideration or payment of any kind for marrying the other |
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applicant to circumvent immigration laws or for the sole purpose of |
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obtaining immigration benefits."; |
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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: "The other |
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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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(7) 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 delinquent in the payment of court-ordered child |
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support."; |
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(8) a printed oath reading: "I SOLEMNLY SWEAR (OR |
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AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS |
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CORRECT."; |
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(9) spaces immediately below the printed oath for the |
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applicants' signatures; |
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(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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(11) spaces for indicating the date of the marriage |
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and the county in which the marriage is performed; [and] |
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(12) a space for the address to which the applicants |
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desire the completed license to be mailed; and |
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(13) spaces for each applicant to indicate whether the |
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applicant has ever been a party to a divorce or an annulment of a |
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marriage. |
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SECTION 2. Section 2.007, Family Code, is amended to read as |
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follows: |
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Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of |
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an absent applicant must include: |
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(1) the absent applicant's full name, including the |
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maiden surname of a female applicant, address, date of birth, place |
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of birth, including city, county, and state, citizenship, and |
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social security number, if any; |
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(2) a declaration that the absent applicant has not |
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been divorced within the last 30 days; |
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(3) a declaration that the absent applicant is: |
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(A) not presently married under the laws of this |
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state or any other jurisdiction; or |
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(B) married to the other applicant and they wish |
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to marry again; |
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(4) a declaration that the other applicant is not |
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presently married and is not related to the absent applicant 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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(5) a declaration that the absent applicant desires to |
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marry and the name, age, and address of the person to whom the |
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absent applicant desires to be married; |
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(6) the approximate date on which the marriage is to |
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occur; |
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(7) the reason the absent applicant is unable to |
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appear personally before the county clerk for the issuance of the |
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license; [and] |
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(8) if the absent applicant will be unable to attend |
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the ceremony, the appointment of any adult, other than the other |
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applicant, to act as proxy for the purpose of participating in the |
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ceremony; |
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(9) a declaration that the applicant does not desire |
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to marry to circumvent immigration laws or for the sole purpose of |
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obtaining immigration benefits; |
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(10) a declaration that the applicant has not received |
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and will not accept consideration or payment of any kind for |
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marrying the absent applicant to circumvent immigration laws or for |
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the sole purpose of obtaining immigration benefits; and |
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(11) a declaration of whether the applicant has ever |
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been a party to a divorce or an annulment of a marriage. |
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SECTION 3. Section 2.009(b), Family Code, is amended to |
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read as follows: |
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(b) If an applicant checks "false" in response to the |
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statement "I am not presently married and the other applicant is not |
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presently married under the laws of this state or any other |
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jurisdiction," the county clerk shall inquire as to whether the |
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applicant is presently married to the other applicant. If the |
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applicant states that the applicant is currently married to the |
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other applicant, the county clerk shall record that statement on |
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the license before the administration of the oath. The county clerk |
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may not refuse to issue a license on the ground that the applicants |
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are already married to each other. |
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SECTION 4. Subchapter A, Chapter 2, Family Code, is amended |
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by adding Section 2.0125 to read as follows: |
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Sec. 2.0125. PROSECUTION FOR AGGRAVATED PERJURY. An |
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applicant who provides false information in an application for a |
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license under Section 2.004(b)(5) or (13), or in an affidavit under |
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Section 2.007(3)(A), (9), (10), or (11), is subject to prosecution |
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for aggravated perjury under Section 37.03, Penal Code. |
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SECTION 5. Section 194.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The county clerk shall file with the bureau of vital |
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statistics a copy of each completed marriage license application, |
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including any affidavit of an absent applicant for the license. The |
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clerk shall file the copy not later than the 90th day after the date |
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of the application. The clerk may not collect a fee for filing the |
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copy. |
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SECTION 6. Section 194.003, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) The bureau of vital statistics shall make available on |
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its Internet website the indexes required by this section. To the |
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extent practicable using the fees imposed by Sections 118.018(d) |
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and 118.019(b), Local Government Code, the bureau shall enhance the |
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search capabilities of its database of information regarding |
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marriages, divorces, or annulments of marriages and ensure that the |
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indexes required by this section are up-to-date, accurate, and |
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easily accessible to interested members of the public. |
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(d) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules for the administration of |
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this section. |
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SECTION 7. Section 118.018, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) In addition to other fees collected under this section, |
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a county clerk shall collect from a marriage license applicant a fee |
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not to exceed $5 to be sent to the bureau of vital statistics of the |
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Department of State Health Services for updating, developing, and |
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maintaining the state index of marriage license applications and |
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declarations of informal marriage and the state index of reports of |
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divorces or annulments of marriage under Section 194.003, Health |
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and Safety Code. |
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SECTION 8. Section 118.019, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The |
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fee for "Declaration of Informal Marriage" under Section 118.011 is |
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for all services rendered in connection with the execution of a |
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declaration of informal marriage under Section 1.92, Family Code. |
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The fee shall be collected at the time the service is rendered. |
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(b) In addition to the fee described by Subsection (a), a |
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county clerk shall collect from the parties to a declaration of |
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informal marriage a fee not to exceed $5 to be sent to the bureau of |
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vital statistics of the Department of State Health Services for |
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updating, developing, and maintaining the state index of marriage |
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license applications and declarations of informal marriage and the |
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state index of reports of divorces or annulments of marriage under |
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Section 194.003, Health and Safety Code. |
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SECTION 9. Section 118.022(a), Local Government Code, is |
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amended to read as follows: |
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(a) The county clerk shall deposit, as provided by |
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Subchapter B, Chapter 133, $12.50 of each fee collected for |
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issuance of a marriage license or declaration of informal marriage, |
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other than a fee imposed under Section 118.018(d) or 118.019(b), to |
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be sent to the comptroller and deposited as provided by Subsection |
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(b). |
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SECTION 10. Sections 2.004 and 2.007, Family Code, and |
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Section 194.001(a), Health and Safety Code, as amended by this Act, |
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and Section 2.0125, Family Code, as added by this Act, apply only to |
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an application for a marriage license filed, or a declaration of an |
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informal marriage executed, as applicable, on or after the |
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effective date of this Act. An application filed or declaration |
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executed before the effective date of this Act is governed by the |
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law in effect on the date the application was filed or the |
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declaration was executed, and the former law is continued in effect |
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for that purpose. |
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SECTION 11. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules for the administration |
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of Section 194.003, Health and Safety Code, as required by this Act, |
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as soon as practicable after the effective date of this Act. |
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SECTION 12. The changes in law made by this Act to Sections |
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118.018, 118.019, and 118.022, Local Government Code, apply only to |
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a fee imposed for a marriage license application filed, or a |
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declaration of an informal marriage executed, as applicable, on or |
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after the effective date of this Act. A fee imposed for an |
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application filed or declaration executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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application was filed or the declaration was executed, and the |
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former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2007. |