LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

March 31, 2007

TO:	Honorable Wayne Smith, Chair, House Committee on County Affairs
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB3938 by Villarreal (Relating to the performance of a marriage by a county clerk, statutory county clerk or district clerk.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Family Code to authorize county and district clerks to officiate weddings.  County and district clerks would be required to charge $25 for weddings performed at the clerks' office and $50 for weddings performed elsewhere. The clerks would be required to deposit marriage fees in the county treasury for use by the county commissioners court to fund prevention of or recovery from domestic violence.

The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2007.

Local Government Impact

The impact would vary by county depending on how many weddings at which a county or district clerk might be requested to officiate and whether the wedding would occur in their offices or elsewhere. However, county and district clerks assume there would not be a big demand for their services in that capacity; therefore, there would be no significant fiscal impact.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, DB