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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, 2013, 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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county clerk shall verify, using the 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 copy of a decree |
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of divorce or annulment or a copy of the death certificate of the |
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person to whom the applicant was formerly married as proof that a |
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marriage of the applicant that is listed on the index has been |
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dissolved. |
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SECTION 2. Effective January 1, 2013, Section 2.009, Family |
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Code, is amended by amending Subsections (a) and (b) and adding |
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Subsection (e) to read as follows: |
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(a) Except as provided by Subsections (b), [and] (d), and |
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(e), the 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 |
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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 state index under |
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Section 194.003, Health and Safety Code, as being presently married |
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to the other applicant or an applicant checks "false" in response to |
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the statement "I am not presently married and the other applicant is |
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not presently married," the county clerk shall inquire as to |
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whether the applicant is presently married to the other applicant. |
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If the applicant states that the applicant is currently married to |
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the other applicant, the county clerk shall record that statement |
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on the license before the administration of the oath. The county |
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clerk may not refuse to issue a license on the ground that the |
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applicants are already married to each other. |
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(e) The county clerk may not refuse to issue a license on the |
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ground that an applicant 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 if the applicant provides to |
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the clerk an affidavit of the applicant declaring that the |
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applicant's name is listed on the index in error or declaring that |
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the applicant has good reason for failing to provide to the clerk |
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proof under Section 2.0075(b) that the marriage of the applicant |
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has been dissolved. The clerk shall submit to the bureau of vital |
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statistics of the Department of State Health Services a copy of an |
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affidavit provided to the clerk under this subsection. |
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SECTION 3. Effective January 1, 2013, 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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county clerk shall verify, using the 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 copy of a decree of |
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divorce or annulment or a copy of a death certificate of the person |
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to whom the applicant was formerly married as proof that a marriage |
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of the party that is listed on the index has been dissolved. |
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SECTION 4. Effective January 1, 2013, Section 2.404, Family |
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Code, is amended by amending Subsection (b) and adding Subsection |
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(f) to read as follows: |
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(b) Except as provided by Subsection (f), the [The] county |
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clerk may not certify the declaration or issue or record the |
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certificate of informal marriage or 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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(f) The county clerk may not refuse to record a declaration |
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or a certificate of informal marriage on the ground that a party is |
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listed on the state index under Section 194.003, Health and Safety |
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Code, as being presently married to a person other than the other |
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party if the party provides to the clerk an affidavit of the party |
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declaring that the party's name is listed on the index in error or |
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declaring that the party has good reason for failing to provide to |
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the clerk proof under Section 2.4035(b) that the marriage of the |
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party has been dissolved. The clerk shall submit to the bureau of |
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vital statistics of the Department of State Health Services a copy |
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of an affidavit provided to the clerk under this subsection. |
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SECTION 5. Section 194.003, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) 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(c) |
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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. The index |
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must include a notation next to each marriage license application |
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or declaration of informal marriage for which an affidavit was |
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submitted under Section 2.009(e) or 2.404(f), Family Code, as |
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applicable. |
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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 require that: |
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(1) the index provide county clerks with online access |
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seven days a week to any identifying information necessary for a |
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county clerk to verify that an applicant for a marriage license is a |
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person 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) be secure and inaccessible to 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 receive the assistance required for the clerk to |
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satisfy in a timely manner any duty relating to accessing the |
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information on the index that is imposed on the clerk by other law. |
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(e) The executive commissioner of the Health and Human |
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Services Commission by rule shall establish the amount of the fee to |
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be imposed on each marriage license applicant under Section |
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118.018(c), Local Government Code, and on the parties to a |
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declaration of an informal marriage under Section 118.019(b), Local |
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Government Code. The amount of the fee may not exceed the lesser of |
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$5 or the amount the executive commissioner determines necessary |
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for updating, developing, and maintaining the state index of |
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marriage license applications and declarations of informal |
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marriage and the state index of reports of divorces or annulments of |
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marriage under this section. The executive commissioner shall |
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provide notice to the Office of Court Administration of the Texas |
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Judicial System regarding the amount of a fee established or |
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modified under this subsection. On receipt of that notification, |
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the Office of Court Administration of the Texas Judicial System |
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shall notify each county clerk in this state regarding the amount of |
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a fee to be charged under Sections 118.018(c) and 118.019(b), Local |
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Government Code. |
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SECTION 6. Section 118.018, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) 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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in the amount established by the executive commissioner of the |
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Health and Human Services Commission by rule under Section 194.003, |
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Health and Safety Code, for the purpose of updating, developing, |
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and maintaining the state index of marriage license applications |
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and declarations of informal marriage and the state index of |
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reports of divorces or annulments of marriage under that section. A |
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fee collected under this subsection shall be sent to the bureau of |
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vital statistics of the Department of State Health Services for |
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deposit to the credit of the vital statistics fund to be used for |
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the purpose of updating, developing, and maintaining the state |
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index described by this subsection. |
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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 in the amount established by the executive |
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commissioner of the Health and Human Services Commission by rule |
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under Section 194.003, Health and Safety Code, for the purpose of |
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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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that section. A fee collected under this subsection shall be sent |
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to the bureau of vital statistics of the Department of State Health |
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Services for deposit to the credit of the vital statistics fund to |
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be used for the purpose of updating, developing, and maintaining |
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the state index described by this subsection. |
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SECTION 8. Section 118.022, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Subsection (a) does not apply to a fee imposed under |
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Section 118.018(c) or 118.019(b). |
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SECTION 9. Sections 2.009(a) and (b) and 2.404(b), Family |
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Code, as amended by this Act, apply only to an application for a |
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marriage license filed, or a declaration of an informal marriage |
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executed, as applicable, on or after January 1, 2013. An |
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application filed or declaration executed before that date is |
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governed by the law in effect on the date the application was filed |
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or the declaration was executed, and the former law is continued in |
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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 amended by this Act, not later |
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than June 1, 2012; 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, 2013. |
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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. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |