Honorable Tryon D. Lewis, Chair, House Committee On Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB460 by Cortez (Relating to authorizing the county clerk in certain counties to conduct a marriage ceremony and collect a related fee.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend the Family Code to authorize a county clerk and any deputy clerk in a county with a population of 1.3 million or more to conduct a marriage ceremony. Based on the population criteria, the provisions of the bill would apply only to certain counties.
The bill would amend the Government Code to require a clerk or a deputy clerk who conducts a marriage ceremony to collect a $25 fee to be used by the county solely to fund charitable organizations that assist or provide care for victims of family violence, child abuse or neglect, or family violence prevention services.
Local Government Impact
The Comptroller of Public Accounts provided information from three counties that met the 1.3 million population requirement. The fiscal year for all three counties begins October 1, 2013. Based on information obtained from the counties, the fiscal impact on all units of local government cannot be estimated.
Bexar County reported the startup cost would be minimal and projected expenditures would be dependent upon the amount of revenue generated from the fees collected during the prior year. Currently, there are six clerks in the county clerk’s marriage license section who would assume the duty of performing the ceremonies. Bexar County judges performed 10,279 marriage ceremonies in 2010. The county estimated that if those couples were married by clerks for a fee of $25 it would generate approximately $256,975 per year or $1.54 million total for fiscal years 2013–18. The county added that not all individuals would choose to be married in the county clerk’s office.
Dallas County reported an estimated 15 ceremonies may be conducted each month by the county clerk. The county estimated collecting $375 in monthly fees based on 15 ceremonies at a rate of $25. The county indicated there would be no expenditures. The county's ability to project expenditures would be determined if and when business processes are established; and added that there are other variables to consider. The majority of marriage ceremonies derive from the 72-hour waiver which is granted by a district judge who may also perform the ceremony and waive the fee.
Tarrant County reported the startup cost would be $50,000. The county also estimated a total cost of $450,000; and a total fee collection of $375,000 for fiscal years 2013–18.