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