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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of the Texas Home Visiting Program; |
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authorizing voluntary contributions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 2.004, Family Code, is |
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amended to read as follows: |
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(b) The application form must contain: |
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(1) a heading entitled "Application for Marriage |
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License, ____________ County, Texas"; |
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(2) spaces for each applicant's full name, including |
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the woman's maiden surname, address, social security number, if |
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any, date of birth, and place of birth, including city, county, and |
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state; |
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(3) a space for indicating the document tendered by |
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each applicant as proof of identity and age; |
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(4) spaces for indicating whether each applicant has |
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been divorced within the last 30 days; |
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(5) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "I am not |
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presently married and the other applicant is not presently |
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married."; |
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(6) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "The other |
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applicant is not related to me as: |
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(A) an ancestor or descendant, by blood or |
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adoption; |
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(B) a brother or sister, of the whole or half |
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blood or by adoption; |
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(C) a parent's brother or sister, of the whole or |
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half blood or by adoption; |
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(D) a son or daughter of a brother or sister, of |
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the whole or half blood or by adoption; |
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(E) a current or former stepchild or stepparent; |
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or |
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(F) a son or daughter of a parent's brother or |
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sister, of the whole or half blood or by adoption."; |
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(7) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "I am not |
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presently delinquent in the payment of court-ordered child |
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support."; |
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(8) a printed oath reading: "I SOLEMNLY SWEAR (OR |
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AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS |
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CORRECT."; |
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(9) spaces immediately below the printed oath for the |
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applicants' signatures; |
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(10) a certificate of the county clerk that: |
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(A) each applicant made the oath and the date and |
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place that it was made; or |
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(B) an applicant did not appear personally but |
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the prerequisites for the license have been fulfilled as provided |
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by this chapter; |
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(11) spaces for indicating the date of the marriage |
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and the county in which the marriage is performed; [and] |
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(12) a space for the address to which the applicants |
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desire the completed license to be mailed; and |
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(13) a printed box for each applicant to check |
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indicating that the applicant wishes to make a voluntary |
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contribution of $5 to promote healthy early childhood by supporting |
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the Texas Home Visiting Program administered by the Office of Early |
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Childhood Coordination of the Health and Human Services Commission. |
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SECTION 2. Subchapter H, Chapter 531, Government Code, is |
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amended by adding Section 531.287 to read as follows: |
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Sec. 531.287. TEXAS HOME VISITING PROGRAM TRUST FUND. |
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(a) The Texas Home Visiting Program trust fund is created as a |
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trust fund outside the treasury with the comptroller and shall be |
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administered by the office under this section and rules adopted by |
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the executive commissioner. Credits of money in the fund are not |
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state funds or subject to legislative appropriation. |
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(b) The trust fund consists of money from voluntary |
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contributions under Section 191.0048, Health and Safety Code, and |
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Section 118.018, Local Government Code. |
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(c) Money in the fund may be spent without appropriation by |
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the office only for the purpose of the Texas Home Visiting Program |
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administered by the commission. |
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(d) Interest and income from the assets of the trust fund |
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shall be credited to and deposited in the trust fund. |
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SECTION 3. Subchapter A, Chapter 191, Health and Safety |
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Code, is amended by adding Section 191.0048 to read as follows: |
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Sec. 191.0048. VOLUNTARY CONTRIBUTION TO TEXAS HOME |
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VISITING PROGRAM. (a) A person requesting a copy or certified |
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copy of a birth, marriage, or divorce record may make a voluntary |
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contribution of $5 to promote healthy early childhood by supporting |
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the Texas Home Visiting Program administered by the Office of Early |
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Childhood Coordination of the Health and Human Services Commission. |
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(b) On each paper or electronic application form for a copy |
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or certified copy of a birth, marriage, or divorce record, the |
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bureau of vital statistics shall include a printed box for the |
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applicant to check indicating that the applicant wishes to make a |
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voluntary contribution of $5 to promote healthy early childhood by |
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supporting the Texas Home Visiting Program administered by the |
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Office of Early Childhood Coordination of the Health and Human |
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Services Commission. |
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(c) Notwithstanding Section 191.0045, a local registrar or |
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county clerk may collect the additional voluntary contribution |
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under this section. |
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(d) Notwithstanding Section 191.005, the local registrar or |
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county clerk who collects the voluntary contribution under this |
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section shall send the voluntary contribution to the comptroller, |
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who shall deposit the voluntary contribution in the Texas Home |
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Visiting Program trust fund under Section 531.287, Government Code. |
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SECTION 4. 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) A person applying for a marriage license may make a |
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voluntary contribution of $5 to promote healthy early childhood by |
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supporting the Texas Home Visiting Program administered by the |
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Office of Early Childhood Coordination of the Health and Human |
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Services Commission. A county clerk shall collect the additional |
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voluntary contribution under this section. |
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SECTION 5. Section 118.022, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) If the county clerk collects a fee for issuing a |
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marriage license, the county clerk shall deposit, as provided by |
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Subchapter B, Chapter 133: |
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(1) $20 of each fee collected for issuing a marriage |
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license or $12.50 of each fee for recording a declaration of |
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informal marriage to be sent to the comptroller and deposited as |
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provided by Subsection (b); [and] |
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(2) $10 of each fee collected for issuing a marriage |
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license to be sent to the comptroller and deposited as provided by |
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Subsection (c); and |
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(3) if applicable, the $5 voluntary contribution |
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collected to promote healthy early childhood by supporting the |
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Texas Home Visiting Program administered by the Office of Early |
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Childhood Coordination of the Health and Human Services Commission |
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to be sent to the comptroller and deposited as provided by |
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Subsection (d). |
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(d) The comptroller shall deposit the money received under |
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Subsection (a)(3) in the Texas Home Visiting Program trust fund |
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under Section 531.287, Government Code. |
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SECTION 6. The change in law made by this Act applies only |
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to a person who applies for a marriage license or requests a copy or |
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certified copy of a birth, marriage, or divorce record on or after |
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January 1, 2014. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |