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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding, issuing, and litigation of certain |
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marriage licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Preservation of |
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Sovereignty and Marriage Act. |
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SECTION 2. Section 2.001, Family Code, is amended to read as |
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follows: |
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(c) State or local taxpayer funds or governmental salaries |
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may not be used for an activity that includes the licensing or |
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support of same-sex marriage. |
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(d) A state or local governmental employee officially may |
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not recognize, grant, or enforce a same-sex marriage license. If an |
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employee violates this subsection, the employee may not continue to |
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receive a salary, pension, or other employee benefit at the expense |
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of the taxpayers of this State. |
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(e) Taxes or public funds may not be utilized to enforce a |
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court order requiring the issuance or recognition of a same-sex |
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marriage license. |
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(f) A court of this State shall dismiss a legal action |
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challenging a provision of this section and shall award costs and |
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attorney's fees to a person or entity named as a defendant in the |
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legal action. |
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(g) A person employed by this State or a local governmental |
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entity who violates or interferes with the implementation of this |
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section may not continue to receive a salary, pension, or other |
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employee benefit. |
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(h) The State is not subject to suit in law or equity |
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pursuant to the eleventh amendment of the United States |
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Constitution for complying with the provisions of this section, |
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regardless of a contrary federal court ruling. |
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SECTION 3. If any section, subsection, paragraph, |
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subparagraph, sentence, clause, phrase, or word of this Act is for |
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any reason held to be unconstitutional or invalid, such holding |
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shall not affect the constitutionality or validity of the remaining |
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portions of this Act, the legislature hereby declaring that it |
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would have passed this, and each and every section, subsection, |
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paragraph, subparagraph, sentence, clause, phrase, and word |
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thereof, irrespective of the fact that any one or more other |
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sections, subsections, paragraphs, subparagraphs, sentences, |
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clauses, phrases, or words hereof may be declared to be |
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unconstitutional, invalid, or otherwise ineffective. All |
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constitutionally valid applications of this Act shall be severed |
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from any applications that a court finds to be invalid, leaving the |
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valid applications in force, because it is the legislature's intent |
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and priority that the valid applications be allowed to stand alone. |
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SECTION 4. 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, 2015. |