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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and dissolution of a covenant marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2, Family Code, is amended |
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by adding Section 2.0041 to read as follows: |
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Sec. 2.0041. AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT |
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MARRIAGE. (a) This section applies only to a county: |
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(1) with a population of not less than 54,000 or more |
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than 56,000 and in which more than 250 divorces are granted each |
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year; or |
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(2) in which the commissioners court has adopted an |
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order authorizing persons to enter into covenant marriages. |
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(b) Notwithstanding Subsection (a), a county described by |
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Subsection (a)(1) continues to be subject to this section after the |
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initial year of applicability regardless of whether the county |
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continues to be described by that subsection. A commissioners |
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court may not revoke an order described by Subsection (a)(2). |
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(c) The applicants for a marriage license in a county to |
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which this section applies may enter into a covenant marriage by |
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submitting with the application for the license a signed and |
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notarized affidavit of intent to enter into a covenant marriage. |
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(d) The affidavit of intent to enter into a covenant |
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marriage must contain the following statement: |
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"We do solemnly declare that marriage is a covenant between a |
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man and a woman who agree to live together as husband and wife for so |
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long as they both may live. We understand the nature, purpose, and |
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responsibilities of marriage and have received counseling on the |
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obligations of a covenant marriage. We have read the pamphlet on |
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covenant marriage and understand that a covenant marriage is for |
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life. We understand that we can get divorced or separated only for a |
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reason stated in the pamphlet on covenant marriage. If we |
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experience marital difficulties, we commit ourselves to take all |
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reasonable efforts to preserve our marriage, including marital |
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counseling. |
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With full knowledge of what this commitment means, we declare |
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our intent to enter into a covenant marriage that will be bound by |
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Texas law on covenant marriage and we promise to love, honor, and |
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care for one another as husband and wife for the rest of our lives." |
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SECTION 2. Section 2.009, Family Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) The county clerk shall indicate on the marriage license |
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whether the license is for a covenant marriage. |
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SECTION 3. Chapter 2, Family Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. COVENANT MARRIAGE |
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Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT |
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MARRIAGE. (a) In a county to which Section 2.0041 applies, a |
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married couple residing in the county may designate their marriage |
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as a covenant marriage by filing with the county clerk: |
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(1) a signed and notarized affidavit of intent to |
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designate a marriage as a covenant marriage; and |
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(2) a copy of the couple's marriage license. |
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(b) The affidavit of intent to designate a marriage as a |
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covenant marriage must contain the following statement: |
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"We do solemnly declare that marriage is a covenant between a |
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man and a woman who agree to live together as husband and wife for so |
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long as they both may live. We understand the nature, purpose, and |
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responsibilities of marriage and have received counseling on the |
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obligations of a covenant marriage. We have read the pamphlet on |
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covenant marriage and understand that a covenant marriage is for |
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life. We understand that we can get divorced or separated only for a |
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reason stated in the pamphlet on covenant marriage. If we |
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experience marital difficulties, we commit ourselves to take all |
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reasonable efforts to preserve our marriage, including marital |
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counseling. |
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With full knowledge of what this commitment means, we declare |
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that our marriage will be bound by Texas law on covenant marriage |
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and we renew our promise to love, honor, and care for one another as |
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husband and wife for the rest of our lives." |
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(c) On receipt of the affidavit and marriage license under |
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Subsection (a), the county clerk shall: |
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(1) designate on the marriage license that the |
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marriage is a covenant marriage; and |
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(2) attach a copy of the affidavit to the marriage |
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license. |
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(d) A marriage becomes a covenant marriage when a couple |
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files the affidavit of intent to designate a marriage as a covenant |
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marriage with the county clerk. |
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Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple |
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may enter into a covenant marriage or designate a marriage as a |
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covenant marriage, the couple must complete at least eight hours of |
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premarital counseling from a person legally authorized to engage in |
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marriage counseling. The counselor must use a science-based |
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counseling program. |
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(b) The counselor shall: |
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(1) ensure that the couple discusses important |
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personal issues, including financial issues and conflict |
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resolution; |
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(2) discuss the seriousness of a covenant marriage; |
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(3) inform the couple that a covenant marriage is a |
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commitment for life; and |
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(4) inform the couple of the obligation to seek |
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marital counseling in times of marital difficulties. |
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(c) The counselor may discuss any other topic the counselor |
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considers important to the couple's understanding of the marital |
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commitment. |
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Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The |
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attorney general shall select a not-for-profit organization to |
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prepare and publish a pamphlet consistent with the requirements of |
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this subchapter providing a full explanation of the terms and |
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conditions of a covenant marriage. To be eligible for selection, an |
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organization must agree to prepare and publish the pamphlet |
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completely at the expense of the organization. The pamphlet must |
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list the grounds for dissolution of a covenant marriage under |
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Section 6.903 and the grounds for legal separation under Section |
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6.905. The attorney general shall prepare and publish the pamphlet |
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if a not-for-profit organization is not available. |
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(b) The attorney general shall provide the pamphlet to the |
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county clerks in counties in which a couple may enter into or |
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designate their marriage as a covenant marriage. A county clerk |
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shall provide the pamphlet to each person applying for a license for |
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a covenant marriage or seeking to designate an existing marriage as |
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a covenant marriage. |
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Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney |
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general shall develop material to educate county clerks in affected |
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counties about the requirements for issuing a covenant marriage |
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license and the differences between a covenant marriage and a |
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noncovenant marriage. |
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SECTION 4. Subchapter A, Chapter 6, Family Code, is amended |
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by adding Section 6.009 to read as follows: |
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Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Except as |
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provided by Section 6.904, this subchapter does not apply to a |
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covenant marriage. |
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SECTION 5. Chapter 6, Family Code, is amended by adding |
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Subchapter K to read as follows: |
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SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL |
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SEPARATION |
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Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse |
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in a covenant marriage who meets the requirements of this |
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subchapter may file a suit for: |
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(1) dissolution of the covenant marriage; or |
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(2) legal separation. |
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(b) The procedures in this chapter for a suit for |
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dissolution of a marriage apply to a suit for dissolution of a |
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covenant marriage or for legal separation of a covenant marriage. |
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Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a) |
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Except as provided by Section 6.903 or 6.904, a spouse in a covenant |
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marriage may not obtain a divorce unless the parties to the marriage |
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have received counseling from a licensed marriage and family |
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therapist or other licensed mental health professional described by |
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Subsection (b) in an attempt to reconcile the marriage. The couple |
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must participate in the counseling until the counselor or both |
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spouses determine that the marriage is not salvageable. |
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(b) A licensed mental health professional may perform the |
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counseling required by this section if the license holder has |
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completed at least six hours of continuing education in subjects |
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related to counseling married couples during each licensing period. |
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Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE. |
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(a) The court may grant a divorce in a covenant marriage if: |
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(1) the other spouse has committed adultery; |
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(2) the other spouse has: |
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(A) been convicted of a felony; |
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(B) been imprisoned for at least one year in a |
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state penitentiary, a federal penitentiary, or a penitentiary of |
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another state; and |
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(C) not been pardoned; |
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(3) the other spouse: |
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(A) left the complaining spouse with the |
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intention of abandonment; and |
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(B) remained away from the complaining spouse for |
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at least two years; |
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(4) the spouses have lived apart without cohabitation |
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for at least three years; |
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(5) an order of legal separation has been issued to one |
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of the spouses under Section 6.905 and the spouses have lived apart |
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without reconciliation for at least: |
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(A) two years after the date a separation order |
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is rendered if there are no minor children from the marriage; or |
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(B) two years and six months after the date a |
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separation order is rendered if there is a minor child from the |
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marriage; or |
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(6) the spouses have completed the counseling required |
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by Section 6.902 and: |
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(A) the spouses agree to dissolve the marriage; |
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or |
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(B) the counselor determines that, in the |
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counselor's professional opinion, it is in the best interest of |
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both spouses to dissolve the marriage. |
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(b) The court may not grant a divorce under Subsection |
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(a)(2) if the spouse who was convicted of a felony was convicted |
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solely on the testimony of the other spouse. |
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Sec. 6.904. DISSOLUTION OF MARRIAGE: FAMILY VIOLENCE. A |
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spouse who files with the petition in a suit for dissolution of a |
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covenant marriage an affidavit stating that the other spouse |
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committed family violence, as defined by Section 71.004, against |
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the spouse may file the suit under Subchapter A. |
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Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant |
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marriage may file a suit to obtain from the court an order of legal |
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separation if: |
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(1) the other spouse has committed adultery; |
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(2) the other spouse has: |
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(A) been convicted of a felony; |
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(B) been imprisoned for at least one year in a |
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state penitentiary, a federal penitentiary, or a penitentiary of |
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another state; and |
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(C) not been pardoned; |
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(3) the other spouse: |
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(A) left the complaining spouse with the |
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intention of abandonment; and |
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(B) remained away from the complaining spouse for |
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at least one year; |
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(4) the other spouse committed family violence as |
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defined by Section 71.004 and the spouse reported the family |
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violence to a law enforcement agency and has filed for a protective |
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order; |
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(5) the spouses have lived apart without cohabitation |
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for at least three years; or |
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(6) the other spouse habitually abuses illegal drugs |
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or alcohol. |
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(b) The court may not render an order of legal separation |
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under Subsection (a)(2) if the spouse who was convicted of a felony |
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was convicted solely on the testimony of the other spouse. |
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SECTION 6. Subchapter B, Chapter 8, Family Code, is amended |
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by adding Section 8.0511 to read as follows: |
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Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS |
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INVOLVING COVENANT MARRIAGE. Notwithstanding any other provision |
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of this subchapter, the court shall render a temporary order for |
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maintenance in favor of a spouse who files for: |
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(1) legal separation of a covenant marriage based on |
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abandonment under Section 6.905(a)(3); or |
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(2) dissolution of a covenant marriage. |
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SECTION 7. Section 194.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 194.001. REPORT OF MARRIAGE. (a) The county clerk |
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shall file with the bureau of vital statistics a copy of each |
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completed marriage license application and a copy of any affidavit |
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of an absent applicant or affidavit of intent to enter into a |
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covenant marriage submitted with an application. The clerk shall |
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file the copies not later than the 90th day after the date of the |
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application. The clerk may not collect a fee for filing the |
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copies. |
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(b) The county clerk shall file with the bureau of vital |
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statistics a copy of each declaration of informal marriage executed |
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under Section 2.402 [1.92], Family Code. The clerk shall file the |
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copy not later than the 90th day after the date on which the |
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declaration is executed. |
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(c) The county clerk shall file with the bureau of vital |
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statistics a copy of each affidavit of intent to designate a |
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marriage as a covenant marriage executed under Section 2.601, |
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Family Code. The clerk shall file the copy not later than the 90th |
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day after the date on which the affidavit is executed. |
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SECTION 8. Section 194.0011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING |
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MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of |
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the Health and Human Services Commission [board] by rule shall |
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prescribe the format and content of the: |
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(1) form used for the marriage license application; |
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(2) affidavit of intent to enter into a covenant |
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marriage; and |
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(3) affidavit of intent to designate a marriage as a |
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covenant marriage. |
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(b) The bureau of vital statistics shall print and |
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distribute the marriage license application form [forms] to each |
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county clerk throughout the state and the affidavits to the county |
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clerks in counties in which a couple may enter into or designate |
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their marriage as a covenant marriage. |
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(c) The form and affidavits adopted by the executive |
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commissioner [board] shall replace locally adopted forms and |
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affidavits. |
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(d) A county clerk may reproduce the executive |
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commissioner's [board's] form and affidavits locally. |
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SECTION 9. Section 118.011, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (g) to |
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read as follows: |
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(a) A county clerk shall collect the following fees for |
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services rendered to any person: |
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(1) Personal Property Records Filing (Sec. 118.012): |
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for the first page $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind $ 4.00 |
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(2) Real Property Records Filing (Sec. 118.013): |
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for the first page $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind $ 4.00 |
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for all or part of each 8-1/2" X 14" attachment |
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or rider $ 4.00 |
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for each name in excess of five names that has to |
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be indexed in all records in which the document must be |
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indexed $ 0.25 |
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(3) Certified Papers (Sec. 118.014): |
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for the clerk's certificate $ 5.00 |
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plus a fee for each page or part of a |
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page $ 1.00 |
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(4) Noncertified Papers (Sec. 118.0145): |
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for each page or part of a page $ 1.00 |
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(5) Birth or Death Certificate (Sec. |
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118.015) same as state registrar |
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(6) Bond Approval (Sec. 118.016) $ 3.00 |
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(7) Noncovenant Marriage License |
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(Sec. 118.018) $60.00 |
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(8) Declaration of Informal Marriage (Sec. |
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118.019) $25.00 |
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(9) Brand Registration (Sec. 118.020)$ 5.00 |
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(10) Oath Administration (Sec. 118.021)$ 1.00 |
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(g) A county clerk may not charge a fee for issuing a |
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covenant marriage license or designating on a marriage license that |
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the marriage is a covenant marriage. |
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SECTION 10. The heading to Section 118.018, Local |
|
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Government Code, is amended to read as follows: |
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Sec. 118.018. NONCOVENANT MARRIAGE LICENSE. |
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SECTION 11. Sections 118.018(a) and (b-1), Local Government |
|
|
Code, are amended to read as follows: |
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(a) The fee for a "Noncovenant Marriage License" under |
|
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Section 118.011 is for issuing a noncovenant marriage license. The |
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fee must be paid at the time the license is issued, except as |
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provided by Subsection (b-1). |
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(b-1) The county clerk shall issue a noncovenant marriage |
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license without collecting a noncovenant marriage license fee from |
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an applicant who: |
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(1) completes a premarital education course described |
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by Section 2.013, Family Code; and |
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(2) provides to the county clerk a premarital |
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education course completion certificate indicating completion of |
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the premarital education course not more than one year before the |
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date the noncovenant marriage license application is filed with the |
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clerk. |
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SECTION 12. This Act takes effect September 1, 2015. |