| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the performance of a marriage by a county clerk, |
|
|
statutory county clerk or district clerk. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2.202, Family Code, is amended to read as |
|
|
follows: |
|
|
SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE |
|
|
Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (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, clerk of the county courts, |
|
|
statutory county courts or district 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. |
|
|
SECTION 2. Section 51.402, Government Code, is amended to |
|
|
read as follows: |
|
|
SUBCHAPTER E. COUNTY CLERKS |
|
|
Sec. 51.402. DUTIES AND POWERS. (a) The clerk of a county |
|
|
court may: |
|
|
(1) issue marriage licenses; [and] |
|
|
(2) perform marriages, pursuant to their authority |
|
|
under Section 2.202, Family Code; and |
|
|
(3) [(2)] take affidavits and depositions. |
|
|
(b) On the last day of each term of the court, the clerk |
|
|
shall make a written statement of fines and jury fees received since |
|
|
the last statement. The statement must include the name of the |
|
|
party from whom a fine or jury fee was received, the name of each |
|
|
juror who served during the term, the number of days served, and the |
|
|
amount due the juror for the services. The statement shall be |
|
|
recorded in the minutes of the court after it is approved and signed |
|
|
by the presiding judge. |
|
|
(c) The clerk shall deposit fines and jury fees received by |
|
|
the clerk in the county treasury for the use of the county. |
|
|
(d) The clerk shall deposit Marriage Fees received by the |
|
|
clerk in the county treasury for use by the county commissioners |
|
|
court to fund the prevention of or recovery from domestic violence. |
|
|
SECTION 3. Chapter 51, SUBCHAPTER D, Government Code, is |
|
|
amended by adding section 51.303(g) to read as follows: |
|
|
(g) In addition to the other powers and duties of this |
|
|
section, a district clerk may perform marriages pursuant to the |
|
|
clerk's authority under Section 2.202, Family Code. The clerk |
|
|
shall deposit Marriage Fees received by the clerk in the county |
|
|
treasury for use by the county commissioners court to fund the |
|
|
prevention of or recovery from domestic violence. |
|
|
SECTION 4. Chapter 51, SUBCHAPTER G, Government Code, is |
|
|
amended by adding section 51.608 to read as follows: |
|
|
SUBCHAPTER G. MISCELLANEOUS PROVISIONS |
|
|
Sec. 51.608. MARRIAGE FEE. (a) The district clerk shall |
|
|
collect a Marriage Fee for each marriage performed, pursuant to the |
|
|
clerk's authority under Section 51.402(a)(2), Government Code. A |
|
|
$25 fee shall be collected for each marriage performed by the |
|
|
district clerk at office of the district clerk, or a $50 fee shall |
|
|
be collected for each marriage performed by the district clerk at a |
|
|
location other than the office of the district clerk. The clerk of |
|
|
a county court or statutory county court shall collect a Marriage |
|
|
fee for each marriage performed, pursuant to the clerk's authority |
|
|
under Section 51.402(a)(2), Government Code. A $25 fee shall be |
|
|
collected for each marriage performed by the county clerk at the |
|
|
office of the county clerk, or statutory county clerk, or a $50 fee |
|
|
shall be collected for each marriage performed by the county clerk, |
|
|
or statutory county clerk, at a location other than the office of |
|
|
the county clerk, or statutory county clerk. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |