By: Elkins (Senate Sponsor - Huffman) H.B. No. 984

(In the Senate - Received from the House April 4, 2013; April 17, 2013, read first time and referred to Committee on Jurisprudence; May 20, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 20, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 984 By: Campbell

A BILL TO BE ENTITLED

AN ACT

relating to certain information required to be provided to an applicant for a marriage license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.009(c), Family Code, is amended to read as follows:

(c) On the proper execution of the application, the clerk shall:

(1) prepare the license;

(2) enter on the license the names of the licensees, the date that the license is issued, and, if applicable, the name of the person appointed to act as proxy for an absent applicant, if any;

(3) record the time at which the license was issued;

(4) distribute to each applicant written notice of the online location of the information prepared under Section 2.010 regarding [printed materials about] acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) and note on the license that the distribution was made; and

(5) inform [distribute to] each applicant:

(A) that a premarital education handbook developed [provided] by the child support division of the office of the attorney general under Section 2.014 is available on the child support division's Internet website; or

(B) if the applicant does not have Internet access, how the applicant may obtain a paper copy of the handbook described by Paragraph (A).

SECTION 2. Section 2.010, Family Code, is amended to read as follows:

Sec. 2.010. AIDS INFORMATION; POSTING ON INTERNET. The [Materials providing information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) shall be prepared and provided to the clerk by the Texas] Department of State Health Services [and] shall prepare and make available to the public on its Internet website information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV). The information must be designed to inform an applicant for a marriage license [the applicants] about:

(1) the incidence and mode of transmission of AIDS and HIV;

(2) the local availability of medical procedures, including voluntary testing, designed to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and

(3) available and appropriate counseling services regarding AIDS and HIV infection.

SECTION 3. Section 2.014(c), Family Code, is amended to read as follows:

(c) The premarital education handbook under Subsection (b)(1) must:

(1) as provided by Section 2.009(c)(5), [shall] be made available [distributed] to each applicant for a marriage license in an electronic form on the Internet website of the child support division of the office of the attorney general or, for an applicant who does not have Internet access, in paper copy form; [as provided by Section 2.009(c)(5)] and

(2) [shall] contain information on:

(A) [(1)] conflict management;

(B) [(2)] communication skills;

(C) [(3)] children and parenting responsibilities; and

(D) [(4)] financial responsibilities.

SECTION 4. The changes in law made by this Act apply only to an application for a marriage license submitted to a county clerk on or after the effective date of this Act. An application for a marriage license submitted before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2013.

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