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CRIMINAL JUSTICE IMPACT
It is the committee's opinion
that this bill does not expressly create a criminal offense, increase the
punishment for an existing criminal offense or category of offenses, or
change the eligibility of a person for community supervision, parole, or
mandatory supervision.
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ANALYSIS
C.S.H.B. 4105 amends the Health
and Safety Code to prohibit a county clerk from filing, and to prohibit the
vital statistics unit of the Department of State Health Services from
entering into the vital statistics system, copies of certain marriage-related
documents that are associated with a union other than a union between one man
and one woman and, if the vital statistics unit determines that such a
document copy is associated with a union other than a union between one man
and one woman, to require the vital statistics unit to provide the document
copy to the attorney general.
C.S.H.B. 4105 amends the Local
Government Code to require a county clerk to remit $30 or $12.50 to the
comptroller of public accounts if a state agency determines that a marriage
license fee or declaration of informal marriage fee, respectively, was
collected for a marriage license or declaration of informal marriage that is
associated with a union other than a union between one man and one woman. The
bill requires the comptroller to deposit these remitted funds into the
general revenue fund.
C.S.H.B. 4105 specifies that
its provisions amending the Health and Safety Code and Local Government Code
do not apply to a marriage license issued or declaration of informal marriage
recorded before June 1, 2015, if the bill takes effect before that date.
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. This Act may be
cited as the Preservation of Sovereignty and Marriage Act.
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SECTION 1. Same as introduced
version.
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No
equivalent provision.
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SECTION 2. The purpose of
this Act is to affirm that the definition and regulation of marriage is
within the sole authority and realm of the separate states and the people
within those states.
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SECTION 2. Section 2.001,
Family Code, is amended to read as follows:
(c) State or local funds
may not be used for an activity that includes the licensing or support of a
same-sex marriage.
(d) A state or local
governmental employee may not recognize, grant, or enforce a same-sex
marriage license.
(e) State or local funds
may not be used to enforce an order requiring the issuance or recognition
of a same-sex marriage license.
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No
equivalent provision. (But see SECTION 3 below.)
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No
equivalent provision. (But see SECTION 2 above.)
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SECTION 3. Subchapter B,
Chapter 1, Family Code, is amended by adding Section 1.109 to read as
follows:
Sec. 1.109. CERTAIN
MARRIAGE LICENSES AND DECLARATIONS OF INFORMAL MARRIAGE PROHIBITED. (a)
This state or a political subdivision of this state may not use any funds
to issue, enforce, or recognize a marriage license or declaration of
informal marriage for a union other than a union between one man and one
woman.
(b) An employee or
official of this state or a political subdivision of this state may not
issue, enforce, or recognize a marriage license or declaration of informal
marriage for a union other than a union between one man and one woman.
(c) This state or a
political subdivision of this state may not use any funds to enforce an
order requiring the issuance, enforcement, or recognition of a marriage
license or declaration of informal marriage for a union other than a union
between one man and one woman.
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No
equivalent provision.
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SECTION 4. Section 194.001,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) A county clerk may not
file, and the vital statistics unit may not enter into the vital statistics
system, a document copy described by Subsection (a) or (b) that is
associated with a union other than a union between one man and one woman.
If the vital statistics unit determines that the document copy is
associated with a union other than a union between one man and one woman,
the vital statistics unit shall provide the document copy to the attorney
general.
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No
equivalent provision.
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SECTION 5. Section 118.018,
Local Government Code, is amended by adding Subsection (d) to read as
follows:
(d) If a state agency
determines that a marriage license fee was collected for a marriage license
that is associated with a union other than a union between one man and one
woman, the county clerk shall remit $30 to the comptroller. The
comptroller shall deposit funds remitted under this subsection into the
general revenue fund.
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No
equivalent provision.
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SECTION 6. Section 118.019,
Local Government Code, is amended to read as follows:
Sec. 118.019. DECLARATION OF
INFORMAL MARRIAGE. (a) The fee for "Declaration of Informal
Marriage" under Section 118.011 is for all services rendered in
connection with the execution of a declaration of informal marriage under
Section 1.92, Family Code. The fee shall be collected at the time the
service is rendered.
(b) If a state agency
determines that a declaration of informal marriage fee was collected for a
declaration of informal marriage that is associated with a union other than
a union between one man and one woman, the county clerk shall remit $12.50
to the comptroller. The comptroller shall deposit funds remitted under
this subsection into the general revenue fund.
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SECTION 3. Sec.
118.022, Local Government Code, is amended to read as follows:
(a) If the county clerk
collects a fee for issuing a marriage license, the county clerk shall remit
monthly to the Comptroller any amount collected for the application of a
marriage license [deposit], as provided by Subchapter B, Chapter
133[:].
(1) $20 of each fee
collected for issuing a marriage license or $12.50 of each fee for
recording a declaration of informal marriage shall be [to be sent
to the comptroller and] deposited as provided by Subsection (b);
(2) $10 of each fee
collected for issuing a marriage license shall be [to be sent to
the comptroller and] deposited as provided by Subsection (c); and
(3) if applicable, the $5
voluntary contribution collected to promote healthy early childhood by
supporting the Texas Home Visiting Program administered by the Office of
Early Childhood Coordination of the Health and Human Services Commission shall
be [to be sent to the comptroller and] deposited as provided by
Subsection (d).
(b) The comptroller shall
deposit the money received under Subsection (a)(1) to the credit of the
child abuse and neglect prevention trust fund account established under
Section 40.105, Human Resources Code.
(c) The comptroller shall
deposit the money received under Subsection (a)(2) to the credit of the
family trust fund account established under Section 2.014, Family Code.
(d) The comptroller shall
deposit the money received under Subsection (a)(3) in the Texas Home
Visiting Program trust fund under Section 531.287, Government Code.
(e) The Comptroller shall
return any remaining fees collected in compliance with Family Code
2.001(b). Any fees that cannot be returned shall be deposited to General
Revenue.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 7. Except as
otherwise provided by this section, Section 194.001(c), Health and Safety
Code, and Sections 118.018(d) and 118.019(b), Local Government Code, as
added by this Act, apply only to a marriage license issued or declaration
of informal marriage recorded on or after the effective date of this Act.
If this Act takes effect before June 1, 2015, Section 194.001(c), Health
and Safety Code, and Sections 118.018(d) and 118.019(b), Local Government
Code, as added by this Act, do not apply to a marriage license issued or
declaration of informal marriage recorded before that date.
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SECTION 4. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
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SECTION 8. Same as introduced
version.
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