83R2003 EES-D

By: Perry H.B. No. 1673

A BILL TO BE ENTITLED

AN ACT

relating to the creation and dissolution of a covenant marriage.

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

SECTION 1. Section 2.004(b), Family Code, is amended to read as follows:

(b) The application form must contain:

(1) a heading entitled "Application for Marriage License, ___________ County, Texas";

(2) spaces for each applicant's full name, including the woman's maiden surname, address, social security number, if any, date of birth, and place of birth, including city, county, and state;

(3) a space for indicating the document tendered by each applicant as proof of identity and age;

(4) spaces for indicating whether each applicant has been divorced within the last 30 days;

(5) an instruction for the applicants to mark one of the boxes beside the following statements and to sign the statement in the space immediately below the printed statement:

(A) "We, (name of male applicant) and (name of female applicant), declare our intent to contract a covenant marriage. We do hereby declare that our marriage will be bound by Texas law on covenant marriage and we promise to love, honor, and care for one another as husband and wife for the rest of our lives."; or

(B) "We, (name of male applicant) and (name of female applicant), do not wish to enter into a covenant marriage.";

(6) printed boxes for each applicant to check "true" or "false" in response to the following statement: "I am not presently married and the other applicant is not presently married.";

(7) [(6)] printed boxes for each applicant to check "true" or "false" in response to the following statement: "The other applicant is not related to me as:

(A) an ancestor or descendant, by blood or adoption;

(B) a brother or sister, of the whole or half blood or by adoption;

(C) a parent's brother or sister, of the whole or half blood or by adoption;

(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent; or

(F) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption.";

(8) [(7)] printed boxes for each applicant to check "true" or "false" in response to the following statement: "I am not presently delinquent in the payment of court-ordered child support.";

(9) [(8)] a printed oath reading: "I SOLEMNLY SWEAR (OR AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS CORRECT.";

(10) [(9)] spaces immediately below the printed oath for the applicants' signatures;

(11) [(10)] a certificate of the county clerk that:

(A) each applicant made the oath and the date and place that it was made; or

(B) an applicant did not appear personally but the prerequisites for the license have been fulfilled as provided by this chapter;

(12) [(11)] spaces for indicating the date of the marriage and the county in which the marriage is performed; and

(13) [(12)] a space for the address to which the applicants desire the completed license to be mailed.

SECTION 2. Section 2.009, Family Code, is amended by amending Subsection (c) and adding Subsection (e) 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 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) distribute to each applicant a premarital education handbook provided by the attorney general under Section 2.014; and

(6) distribute to each applicant the printed materials about family violence created by the Department of Family and Protective Services.

(e) The county clerk shall indicate on the marriage license whether the license is for a covenant marriage.

SECTION 3. Subchapter A, Chapter 2, Family Code, is amended by adding Section 2.0105 to read as follows:

Sec. 2.0105. FAMILY VIOLENCE INFORMATION. The Department of Family and Protective Services shall prepare and provide to each county clerk in the state materials that provide information to marriage license applicants about family violence. The materials must:

(1) include the wheel of equality and the power and control wheel developed by the Domestic Abuse Intervention Project in Duluth, Minnesota; and

(2) inform the applicants about:

(A) how to identify family violence;

(B) how family violence starts;

(C) what to do if the applicant becomes a victim of family violence; and

(D) the National Domestic Violence Hotline.

SECTION 4. Chapter 2, Family Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. COVENANT MARRIAGE

Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT MARRIAGE. (a) A married couple may designate their marriage as a covenant marriage by filing:

(1) a signed and notarized affidavit of intent to designate a marriage as a covenant marriage; and

(2) a copy of the couple's marriage license.

(b) The affidavit of intent to designate a marriage as a covenant marriage must contain the following statement:

"We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We understand the nature, purpose, and responsibilities of marriage and have received counseling on the obligations of a covenant marriage. We have read the pamphlet on covenant marriage and understand that a covenant marriage is for life. We understand that we can get divorced or separated only for a reason stated in the pamphlet on covenant marriage. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.

With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Texas law on covenant marriage and we renew our promise to love, honor, and care for one another as husband and wife for the rest of our lives."

(c) The applicants must file the affidavit and marriage license with:

(1) the clerk of the county that issued the marriage license under which the applicants were married; or

(2) if the marriage was entered into outside this state, the clerk of the county in which the couple resides.

(d) On receipt of the affidavit and marriage license under Subsection (a), the county clerk shall:

(1) designate on the marriage license that the marriage is a covenant marriage; and

(2) attach a copy of the affidavit to the marriage license.

(e) A marriage becomes a covenant marriage when a couple files the affidavit of intent to designate a marriage as a covenant marriage with the county clerk.

Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple may enter into a covenant marriage or designate a marriage as a covenant marriage, the couple must complete at least eight hours of premarital counseling from a person legally authorized to engage in marriage counseling. The counselor must use a science-based counseling program.

(b) The counselor shall:

(1) ensure that the couple discusses important personal issues, including financial issues and conflict resolution;

(2) discuss the seriousness of a covenant marriage;

(3) inform the couple that a covenant marriage is a commitment for life; and

(4) inform the couple of the obligation to seek marital counseling in times of marital difficulties.

(c) The counselor may discuss any other topic the counselor considers important to the couple's understanding of the marital commitment.

Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The attorney general shall select a not-for-profit organization to prepare and publish a pamphlet consistent with the requirements of this subchapter providing a full explanation of the terms and conditions of a covenant marriage. To be eligible for selection, an organization must agree to prepare and publish the pamphlet completely at the expense of the organization. The pamphlet must list the grounds for dissolution of a covenant marriage under Section 6.903 and the grounds for legal separation under Section 6.905. The attorney general shall prepare and publish the pamphlet if a not-for-profit organization is not available.

(b) The attorney general shall provide the pamphlet to the county clerks in the state. A county clerk shall provide the pamphlet to each person applying for a license for a covenant marriage.

Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney general shall develop material to educate county clerks about the requirements for issuing a covenant marriage license and the differences between a covenant marriage and a noncovenant marriage.

SECTION 5. Subchapter A, Chapter 6, Family Code, is amended by adding Section 6.009 to read as follows:

Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Except as provided by Section 6.904, this subchapter does not apply to a covenant marriage.

SECTION 6. Chapter 6, Family Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL

SEPARATION

Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse in a covenant marriage who meets the requirements of this subchapter may file a suit for:

(1) dissolution of the covenant marriage; or

(2) legal separation.

(b) The procedures in this chapter for a suit for dissolution of a marriage apply to a suit for dissolution of a covenant marriage or for legal separation of a covenant marriage.

Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a) Except as provided by Section 6.904, a spouse in a covenant marriage may not file a suit to dissolve a covenant marriage unless the parties to the marriage have received counseling from a licensed marriage and family therapist or other licensed mental health professional described by Subsection (b) in an attempt to reconcile the marriage. The couple must participate in the counseling until the counselor or both spouses determine that the marriage is not salvageable.

(b) A licensed mental health professional may perform the counseling required by this section if the license holder has completed at least six hours of continuing education in subjects related to counseling married couples during each licensing period.

Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE. (a) The court may grant a divorce in a covenant marriage in favor of a spouse if:

(1) the other spouse has committed adultery;

(2) the other spouse has:

(A) been convicted of a felony;

(B) been imprisoned for at least one year in a state penitentiary, a federal penitentiary, or a penitentiary of another state; and

(C) not been pardoned;

(3) the other spouse:

(A) left the complaining spouse with the intention of abandonment; and

(B) remained away from the complaining spouse for at least two years;

(4) the spouses have lived apart without cohabitation for at least three years;

(5) an order of legal separation has been issued to one of the spouses under Section 6.905 and the spouses have lived apart without reconciliation for at least:

(A) two years after the date a separation order is rendered if there are no minor children from the marriage; or

(B) two years and six months after the date a separation order is rendered if there is a minor child from the marriage; or

(6) the spouses have completed the counseling required by Section 6.902 and:

(A) the spouses agree to dissolve the marriage; or

(B) the counselor determines that, in the counselor's professional opinion, it is in the best interest of both spouses to dissolve the marriage.

(b) The court may not grant a divorce under Subsection (a)(2) if the spouse who was convicted of a felony was convicted solely on the testimony of the other spouse.

Sec. 6.904. DISSOLUTION OF MARRIAGE: FAMILY VIOLENCE. A spouse who files with the petition in a suit for dissolution of a covenant marriage an affidavit stating that the other spouse committed family violence against the spouse may file the suit under Subchapter A.

Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant marriage may file a suit to obtain from the court an order of legal separation if:

(1) the other spouse has committed adultery;

(2) the other spouse has:

(A) been convicted of a felony;

(B) been imprisoned for at least one year in a state penitentiary, a federal penitentiary, or a penitentiary of another state; and

(C) not been pardoned;

(3) the other spouse:

(A) left the complaining spouse with the intention of abandonment; and

(B) remained away from the complaining spouse for at least one year;

(4) the other spouse committed family violence as defined by Section 71.004 and the spouse reported the family violence to a law enforcement agency and has filed for a protective order;

(5) the spouses have lived apart without cohabitation for at least three years; or

(6) the other spouse habitually abuses illegal drugs or alcohol.

(b) The court may not render an order of legal separation under Subsection (a)(2) if the spouse who was convicted of a felony was convicted solely on the testimony of the other spouse.

SECTION 7. Subchapter B, Chapter 8, Family Code, is amended by adding Section 8.0511 to read as follows:

Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS INVOLVING COVENANT MARRIAGE. Notwithstanding any other provision of this subchapter, the court shall render a temporary order for maintenance in favor of a spouse who files for:

(1) legal separation of a covenant marriage based on abandonment under Section 6.905(a)(3); or

(2) dissolution of a covenant marriage.

SECTION 8. Section 194.001, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) The county clerk shall file with the bureau of vital statistics a copy of each declaration of informal marriage executed under Section 2.402 [1.92], Family Code. The clerk shall file the copy not later than the 90th day after the date on which the declaration is executed.

(c) The county clerk shall file with the bureau of vital statistics a copy of each affidavit of intent to designate a marriage as a covenant marriage executed under Section 2.601, Family Code. The clerk shall file the copy not later than the 90th day after the date on which the affidavit is executed.

SECTION 9. Section 194.0011, Health and Safety Code, is amended to read as follows:

Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of the Health and Human Services Commission [board] by rule shall prescribe the format and content of the:

(1) form used for the marriage license application; and

(2) affidavit of intent to designate a marriage as a covenant marriage.

(b) The bureau of vital statistics shall print and distribute the forms and affidavits to each county clerk throughout the state.

(c) The form and affidavit adopted by the executive commissioner [board] shall replace locally adopted forms and affidavits.

(d) A county clerk may reproduce the executive commissioner's [board's] form and affidavit locally.

SECTION 10. Section 118.011, Local Government Code, is amended by amending Subsection (a) and adding Subsection (g) to read as follows:

(a) A county clerk shall collect the following fees for services rendered to any person:

(1) Personal Property Records Filing (Sec. 118.012):

for the first page $ 5.00

for each additional page or part of a page on which there are visible marks of any kind $ 4.00

(2) Real Property Records Filing (Sec. 118.013):

for the first page $ 5.00

for each additional page or part of a page on which there are visible marks of any kind $ 4.00

for all or part of each 8-1/2" X 14" attachment or rider $ 4.00

for each name in excess of five names that has to be indexed in all records in which the document must be indexed $ 0.25

(3) Certified Papers (Sec. 118.014):

for the clerk's certificate $ 5.00

plus a fee for each page or part of a page $ 1.00

(4) Noncertified Papers (Sec. 118.0145):

for each page or part of a page $ 1.00

(5) Birth or Death Certificate (Sec. 118.015) same as state registrar

(6) Bond Approval (Sec. 118.016) $ 3.00

(7) Noncovenant Marriage License (Sec. 118.018) $60.00

(8) Declaration of Informal Marriage (Sec. 118.019) $25.00

(9) Brand Registration (Sec. 118.020)$ 5.00

(10) Oath Administration (Sec. 118.021)$ 1.00

(g) A county clerk may not charge a fee for issuing a covenant marriage license or an affidavit of intent to designate a marriage as a covenant marriage.

SECTION 11. The heading to Section 118.018, Local Government Code, is amended to read as follows:

Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.

SECTION 12. Sections 118.018(a) and (b-1), Local Government Code, are amended to read as follows:

(a) The fee for a "Noncovenant Marriage License" under Section 118.011 is for issuing a noncovenant marriage license. The fee must be paid at the time the license is issued, except as provided by Subsection (b-1).

(b-1) The county clerk shall issue a noncovenant marriage license without collecting a noncovenant marriage license fee from an applicant who:

(1) completes a premarital education course described by Section 2.013, Family Code; and

(2) provides to the county clerk a premarital education course completion certificate indicating completion of the premarital education course not more than one year before the date the noncovenant marriage license application is filed with the clerk.

SECTION 13. This Act takes effect September 1, 2013.