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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for issuance of a marriage |
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license, including an optional premarital education course. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.013, Family Code, is amended to read |
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as follows: |
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Sec. 2.013. PREMARITAL EDUCATION COURSES [REQUIREMENTS;
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WAIVER]. (a) Each person applying for a marriage license is |
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encouraged to attend a premarital education course of at least |
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eight [four] hours during the year preceding the date of the |
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application for the license. |
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(b) [The course under Subsection (a) may be completed by:
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[(1)personal instruction;
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[(2)videotape instruction;
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[(3)instruction through an electronic medium; or
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[(4)a combination of these methods.
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[(c)] A premarital education course must [should] include |
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instruction in: |
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(1) conflict management; and |
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(2) communication skills[;
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[(3)children and parenting responsibilities; and
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[(4)financial responsibilities]. |
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(c) [(d)] A course under this section should be offered by |
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instructors trained and certified in a skill-based marriage |
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preparation curricula. The following individuals and |
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organizations may provide courses: |
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(1) marriage educators [a mental health professional
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who holds at least a master's degree with a background in family
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therapy]; [or] |
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(2) clergy or their designees; |
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(3) licensed mental health professionals; |
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(4) faith-based organizations; and |
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(5) community-based organizations [a religious
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practitioner who performs counseling consistent with the laws of
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this state or another person designated as a program counselor by a
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church or religious institution]. |
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(d) The curricula of a premarital education course must meet |
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the requirements of this section and provide the skill-based and |
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research-based curricula of: |
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(1) the United States Department of Health and Human |
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Services healthy marriage initiative; |
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(2) the Coalition for Marriage, Family, and Couples |
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Education; or |
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(3) other similar resources. |
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(e) [Each county clerk may maintain a roster of area course
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providers who meet the requirements of this section, including
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providers who offer the course on a sliding scale or without charge.
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The clerk may provide a copy of the roster on request to an
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applicant for a marriage license.
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[(f)] An applicant for a marriage license who takes a course |
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under this section shall pay any fee charged for the course. An |
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applicant who is unable to pay the course fee may apply for a |
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scholarship under this subsection. The executive commissioner of |
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health and human services by rule shall provide for the |
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establishment of a scholarship program funded by money available |
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under the federal Temporary Assistance for Needy Families block |
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grant during each state fiscal biennium to fund programs that |
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support the development of healthy marriages or strengthen |
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families. The executive commissioner shall establish guidelines |
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that use a sliding scale if practicable. In awarding scholarships, |
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the Health and Human Services Commission shall give equal |
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consideration to courses provided by secular and faith-based |
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programs. |
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(f) [(g)] A person who provides a premarital education |
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course shall provide a signed and dated completion certificate to |
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each individual who completes the course. The certificate must |
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include the name of the course, the name of the course provider, and |
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the completion date [seeks to be listed as a course provider on a
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list maintained under Subsection (e) shall notify the county clerk
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of the county in which the person intends to offer a course. The
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notification must include the applicant's professional license
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number or evidence of the person's position or affiliation with a
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church or religious institution, as appropriate, and an address at
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which the course provider may be contacted]. |
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SECTION 2. Section 2.204(b), Family Code, is amended to |
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read as follows: |
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(b) The 72-hour waiting period after issuance of a marriage |
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license does not apply to an applicant who: |
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(1) is a member of the armed forces of the United |
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States and on active duty; |
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(2) is not a member of the armed forces of the United |
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States but performs work for the United States Department of |
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Defense as a department employee or under a contract with the |
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department; [or] |
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(3) obtains a written waiver under Subsection (c); or |
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(4) completes a premarital education course described |
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by Section 2.013, and who provides to the county clerk a premarital |
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education course completion certificate indicating completion of |
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the premarital education course not more than one year before the |
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date the marriage license application is filed with the clerk. |
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SECTION 3. 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 or |
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rider$ 4.00 |
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for each name in excess of five names that has to be |
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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 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) Marriage License (Sec. 118.018)$60.00 [$30.00] |
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(8) Declaration of Informal Marriage (Sec. |
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118.019)$25.00 |
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(9) Brand Registration (Sec. 118.020)$ 5.00 |
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(10) Oath Administration (Sec. 118.021)$ 1.00 |
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SECTION 4. Section 118.018, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (b-1) to |
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read as follows: |
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(a) The fee for "Marriage License" under Section 118.011 is |
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for issuing a marriage license. The fee must be paid at the time the |
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license is issued, except as provided by Subsection (b-1). |
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(b-1) The county clerk shall issue a marriage license without |
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collecting a fee from an applicant who: |
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(1) completes a premarital education course described |
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by Section 2.013, Family Code; and |
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(2) provides to the county clerk a premarital |
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education course completion certificate indicating completion of |
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the premarital education course not more than one year before the |
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date the marriage license application is filed with the clerk. |
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SECTION 5. Section 118.022(a), Local Government Code, is |
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amended to read as follows: |
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(a) If the county clerk collects a fee for issuing a |
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marriage license, the [The] county clerk shall deposit, as provided |
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by Subchapter B, Chapter 133, $30 [$12.50] of each fee collected for |
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issuing [issuance of] a marriage license or $12.50 of each fee for |
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recording a declaration of informal marriage to be sent to the |
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comptroller and deposited as provided by Subsection (b). |
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SECTION 6. This Act takes effect September 1, 2007. |