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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 funds may not be used for an activity that |
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includes the licensing or support of a same-sex marriage. |
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(d) A state or local governmental employee may not |
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recognize, grant, or enforce a same-sex marriage license. |
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(e) State or local funds may not be used to enforce an order |
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requiring the issuance or recognition of a same-sex marriage |
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license. |
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SECTION 3. Sec. 118.022, Local Government Code, is amended |
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to 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 remit monthly to the |
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Comptroller any amount collected for the application of a marriage |
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license [deposit], as provided by 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 shall be [to be sent to the comptroller and] |
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deposited as provided by Subsection (b); |
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(2) $10 of each fee collected for issuing a marriage |
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license shall be [to be sent to the comptroller and] deposited as |
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provided by 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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shall be [to be sent to the comptroller and] deposited as provided |
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by Subsection (d). |
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(b) The comptroller shall deposit the money received under |
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Subsection (a)(1) to the credit of the child abuse and neglect |
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prevention trust fund account established under Section 40.105, |
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Human Resources Code. |
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(c) The comptroller shall deposit the money received under |
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Subsection (a)(2) to the credit of the family trust fund account |
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established under Section 2.014, Family Code. |
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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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(e) The Comptroller shall return any remaining fees |
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collected in compliance with Family Code 2.001(b). Any fees that |
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cannot be returned shall be deposited to General Revenue. |
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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. |