|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain requirements relating to the issuance of a |
|
|
marriage license or the recording of a declaration of informal |
|
|
marriage and to the maintenance of marriage and divorce indexes by |
|
|
the bureau of vital statistics. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Effective January 1, 2009, Subchapter A, Chapter |
|
|
2, Family Code, is amended by adding Section 2.0075 to read as |
|
|
follows: |
|
|
Sec. 2.0075. STATE INDEX VERIFICATION REQUIRED. (a) The |
|
|
clerk shall verify, using the online state index maintained by the |
|
|
bureau of vital statistics under Section 194.003, Health and Safety |
|
|
Code, that neither applicant is listed on the index as being |
|
|
presently married. |
|
|
(b) An applicant may provide to the clerk a certified copy |
|
|
of a decree of divorce or annulment as proof that a marriage of the |
|
|
applicant that is listed on the index has been dissolved. |
|
|
SECTION 2. Effective January 1, 2009, Subsections (a) and |
|
|
(b), Section 2.009, Family Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsections (b) and (d), the |
|
|
county clerk may not issue a license if either applicant: |
|
|
(1) fails to provide the information required by this |
|
|
subchapter; |
|
|
(2) fails to submit proof of age and identity; |
|
|
(3) is under 16 years of age and has not been granted a |
|
|
court order as provided by Section 2.103; |
|
|
(4) is 16 years of age or older but under 18 years of |
|
|
age and has not presented at least one of the following: |
|
|
(A) parental consent as provided by Section |
|
|
2.102; |
|
|
(B) documents establishing that a prior marriage |
|
|
of the applicant has been dissolved; or |
|
|
(C) a court order as provided by Section 2.103; |
|
|
(5) checks "false" in response to a statement in the |
|
|
application, except as provided by Subsection (b) or (d), or fails |
|
|
to make a required declaration in an affidavit required of an absent |
|
|
applicant; [or] |
|
|
(6) indicates that the applicant has been divorced by |
|
|
a decree of a court of this state within the last 30 days, unless: |
|
|
(A) the applicants were divorced from each other; |
|
|
or |
|
|
(B) the prohibition against remarriage is waived |
|
|
as provided by Section 6.802; or |
|
|
(7) is listed on the state index under Section |
|
|
194.003, Health and Safety Code, as being presently married to a |
|
|
person other than the other applicant and has not provided to the |
|
|
clerk under Section 2.0075(b) proof that the marriage of the |
|
|
applicant has been dissolved. |
|
|
(b) If an applicant is listed on the online state index |
|
|
under Section 194.003, Health and Safety Code, as being presently |
|
|
married to the other applicant or an applicant checks "false" in |
|
|
response to the statement "I am not presently married and the other |
|
|
applicant is not presently married," the county clerk shall inquire |
|
|
as to whether the applicant is presently married to the other |
|
|
applicant. If the applicant states that the applicant is currently |
|
|
married to the other applicant, the county clerk shall record that |
|
|
statement on the license before the administration of the oath. The |
|
|
county clerk may not refuse to issue a license on the ground that |
|
|
the applicants are already married to each other. |
|
|
SECTION 3. Effective January 1, 2009, Subchapter E, Chapter |
|
|
2, Family Code, is amended by adding Section 2.4035 to read as |
|
|
follows: |
|
|
Sec. 2.4035. STATE INDEX VERIFICATION REQUIRED. (a) The |
|
|
clerk shall verify, using the online state index maintained by the |
|
|
bureau of vital statistics under Section 194.003, Health and Safety |
|
|
Code, that neither party to the declaration of informal marriage is |
|
|
listed on the index as being presently married. |
|
|
(b) A party may provide to the clerk a certified copy of a |
|
|
decree of divorce or annulment as proof that a marriage of the party |
|
|
that is listed on the index has been dissolved. |
|
|
SECTION 4. Effective January 1, 2009, Subsection (b), |
|
|
Section 2.404, Family Code, is amended to read as follows: |
|
|
(b) The county clerk may not certify or record the |
|
|
declaration if: |
|
|
(1) either party fails to supply any information or |
|
|
provide any document required by this subchapter; |
|
|
(2) either party is under 18 years of age; [or] |
|
|
(3) either party checks "false" in response to the |
|
|
statement of relationship to the other party; or |
|
|
(4) either party is listed on the state index as being |
|
|
presently married to a person other than the other party and has not |
|
|
provided to the clerk under Section 2.4035(b) proof that the |
|
|
marriage of the party has been dissolved. |
|
|
SECTION 5. Section 194.003, Health and Safety Code, is |
|
|
amended by adding Subsections (c) and (d) to read as follows: |
|
|
(c) The bureau of vital statistics shall make available on |
|
|
its Internet website the indexes required by this section. To the |
|
|
extent practicable using the fees imposed by Sections 118.018(d) |
|
|
and 118.019(b), Local Government Code, the bureau shall enhance the |
|
|
search capabilities of its database of information regarding |
|
|
marriages, divorces, or annulments of marriages and ensure that the |
|
|
indexes required by this section are up-to-date, accurate, and |
|
|
easily accessible to interested members of the public. |
|
|
(d) The executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules for the administration of |
|
|
this section, including rules to ensure that: |
|
|
(1) the index provides county clerks with online |
|
|
access to any identifying information necessary for a county clerk |
|
|
to verify that an applicant for a marriage license is a person |
|
|
listed on the index; |
|
|
(2) any confidential identifying information |
|
|
maintained on the index for use by a county clerk under Subdivision |
|
|
(1) is secure and may not be accessed by members of the public; and |
|
|
(3) a county clerk of a county that lacks online access |
|
|
to the index receives the assistance required for the clerk to |
|
|
satisfy any duty relating to accessing the information on the index |
|
|
that is imposed on the clerk by other law. |
|
|
SECTION 6. Section 118.018, Local Government Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) In addition to other fees collected under this section, |
|
|
a county clerk shall collect from a marriage license applicant a fee |
|
|
not to exceed $5 to be sent to the bureau of vital statistics of the |
|
|
Department of State Health Services for updating, developing, and |
|
|
maintaining the state index of marriage license applications and |
|
|
declarations of informal marriage and the state index of reports of |
|
|
divorces or annulments of marriage under Section 194.003, Health |
|
|
and Safety Code. |
|
|
SECTION 7. Section 118.019, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The |
|
|
fee for "Declaration of Informal Marriage" under Section 118.011 is |
|
|
for all services rendered in connection with the execution of a |
|
|
declaration of informal marriage under Section 2.404 [1.92], Family |
|
|
Code. The fee shall be collected at the time the service is |
|
|
rendered. |
|
|
(b) In addition to the fee described by Subsection (a), a |
|
|
county clerk shall collect from the parties to a declaration of |
|
|
informal marriage a fee not to exceed $5 to be sent to the bureau of |
|
|
vital statistics of the Department of State Health Services for |
|
|
updating, developing, and maintaining the state index of marriage |
|
|
license applications and declarations of informal marriage and the |
|
|
state index of reports of divorces or annulments of marriage under |
|
|
Section 194.003, Health and Safety Code. |
|
|
SECTION 8. Subsection (a), Section 118.022, 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, |
|
|
other than a fee imposed under Section 118.018(d) or 118.019(b), to |
|
|
be sent to the comptroller and deposited as provided by Subsection |
|
|
(b). |
|
|
SECTION 9. Subsections (a) and (b), Section 2.009, and |
|
|
Subsection (b), Section 2.404, Family Code, as amended by this Act, |
|
|
apply only to an application for a marriage license filed, or a |
|
|
declaration of an informal marriage executed, as applicable, on or |
|
|
after January 1, 2009. An application filed or declaration |
|
|
executed before that date is governed by the law in effect on the |
|
|
date the application was filed or the declaration was executed, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 10. The executive commissioner of the Health and |
|
|
Human Services Commission shall: |
|
|
(1) adopt rules for the administration of Section |
|
|
194.003, Health and Safety Code, as required by this Act, as soon as |
|
|
practicable after the effective date of this Act; and |
|
|
(2) ensure that the enhancements to the state index |
|
|
required by this Act are completed and available for access by |
|
|
county clerks not later than January 1, 2009. |
|
|
SECTION 11. The changes in law made by this Act to Sections |
|
|
118.018, 118.019, and 118.022, Local Government Code, apply only to |
|
|
a fee imposed for a marriage license application filed, or a |
|
|
declaration of an informal marriage executed, as applicable, on or |
|
|
after the effective date of this Act. A fee imposed for an |
|
|
application filed or declaration executed before the effective date |
|
|
of this Act is governed by the law in effect on the date the |
|
|
application was filed or the declaration was executed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 12. This Act takes effect September 1, 2007. |