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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) The applicants for a marriage license may enter into |
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a covenant marriage by submitting with the application for the |
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license a signed and notarized affidavit of intent to enter into a |
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covenant marriage. |
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(b) 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 |
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two people who agree to live together as spouses for so long as they |
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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 understand that a covenant |
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marriage is for life. We understand that we can get divorced or |
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separated. If we experience marital difficulties, we commit |
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ourselves to take all reasonable efforts to preserve our marriage, |
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including marital 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 for the rest of our lives." |
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SECTION 2. Section 2.009(e), Family Code, is amended to |
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read as follows: |
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(e) A license issued by a county clerk under this section: |
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(1) must: |
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(A) identify the county in which the license is |
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issued; and |
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(B) indicate whether the license is for a |
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covenant marriage; and |
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(2) may include the name of the county clerk. |
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SECTION 3. Chapter 2, Family Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. COVENANT MARRIAGE |
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Sec. 2.651. DESIGNATING EXISTING MARRIAGE AS COVENANT |
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MARRIAGE. (a) A married couple may designate their marriage as a |
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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 |
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two people who agree to live together as spouses for so long as they |
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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 understand that a covenant |
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marriage is for life. We understand that we can get divorced or |
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separated. If we experience marital difficulties, we commit |
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ourselves to take all reasonable efforts to preserve our marriage, |
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including marital 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 |
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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. 2.652. COUNSELING REQUIREMENT. (a) A couple may not |
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enter into a covenant marriage or designate a marriage as a covenant |
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marriage unless the couple, at least seven days before the date the |
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marriage is solemnized or designated, completes at least five hours |
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of premarital counseling from a clergy member or a person legally |
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authorized to engage in marriage counseling. |
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(b) The clergy member or counselor must use a faith-based or |
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science-based counseling program. |
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(c) The clergy member or 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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(d) The clergy member or counselor may discuss any other |
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topic the clergy member or counselor considers important to the |
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couple's understanding of the marital commitment. |
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Sec. 2.653. 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. Chapter 6, Family Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE |
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Sec. 6.851. DISSOLUTION OF COVENANT MARRIAGE. (a) The |
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court may grant a divorce on the ground of insupportability under |
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Section 6.001 to a couple who has entered into a covenant marriage |
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only if the parties to the marriage: |
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(1) agree to the granting of a divorce under that |
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section; and |
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(2) have completed the counseling required by Section |
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6.852. |
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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. |
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Sec. 6.852. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a) |
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The parties to a covenant marriage may obtain a divorce on the |
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ground of insupportability under Section 6.001 only if the parties |
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have received at least five hours of counseling from a clergy member |
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or a licensed marriage and family therapist or other licensed |
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mental health professional described by Subsection (b) in an |
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attempt to reconcile the marriage. The couple may participate in |
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the counseling as long as both parties wish to continue |
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participation. |
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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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SECTION 5. 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. MAINTENANCE IN PROCEEDINGS INVOLVING COVENANT |
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MARRIAGE. The court may order maintenance in accordance with this |
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chapter in proceedings for the dissolution of a covenant marriage. |
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Notwithstanding any other provision of this chapter, the court may |
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also order maintenance in accordance with this chapter in |
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proceedings for legal separation of a covenant marriage. |
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SECTION 6. Section 194.001, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The county clerk shall file with the vital statistics |
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unit a copy of each completed marriage license application and a |
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copy of any affidavit of an absent applicant or affidavit of intent |
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to enter into a covenant marriage submitted with an application. |
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The clerk shall file the copies not later than the 90th day after |
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the date of the application. The clerk may not collect a fee for |
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filing the copies. |
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(c) The county clerk shall file with the vital statistics |
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unit a copy of each affidavit of intent to designate a marriage as a |
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covenant marriage executed under Section 2.651, Family Code. The |
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clerk shall file the copy not later than the 90th day after the date |
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on which the affidavit is executed. |
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SECTION 7. 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. (a) The |
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executive commissioner by rule shall prescribe the format and |
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content of the: |
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(1) department form used for the marriage license |
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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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(a-1) The department form used for the marriage license |
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application must: |
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(1) require identification of the county in which the |
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application is submitted; and |
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(2) allow, but may not require, the name of the county |
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clerk to appear on the application. |
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(b) The vital statistics unit shall print and distribute the |
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department marriage license application form and the prescribed |
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affidavits of intent to enter into a covenant marriage or designate |
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a marriage as a covenant marriage [forms] to each county clerk |
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throughout the state. |
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(c) The department form and prescribed affidavits shall |
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replace locally adopted forms and affidavits. |
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(d) A county clerk may reproduce the department form and |
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prescribed affidavits locally. |
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SECTION 8. Section 118.011, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (h) 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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(A) for the first page . . . . . . $ 5.00; |
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(B) for each additional page or part of a page on |
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which 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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(A) for the first page . . . . . . $ 5.00; |
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(B) for each additional page or part of a page on |
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which there are visible marks of any kind . . . . . . $ 4.00; |
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(C) for all or part of each 8-1/2" X |
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14" attachment or rider . . . . . . $ 4.00; |
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(D) for each name in excess of five names that has |
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to be indexed in all records in which the document must be indexed |
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. . . . . . $ 0.25; |
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(3) Certified Papers (Sec. 118.014): |
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(A) for the clerk's certificate . . . . . . |
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$5.00; |
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(B) printed on paper, plus a fee for each page or |
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part of a page . . . . . . $ 1.00; |
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(C) that is a paper document converted to |
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electronic format, for each page or part of a page . . . . . . $1; |
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(D) that is an electronic copy of an electronic |
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document: |
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(i) for each document up to 10 pages in |
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length . . . . . . $1; |
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(ii) for each page or part of a page of a |
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document over 10 pages . . . . . . $0.10; |
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(4) Noncertified Papers (Sec. 118.0145): |
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(A) printed on paper, for each page or part of a |
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page . . . . . . $ 1.00; |
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(B) that is a paper document converted to |
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electronic format, for each page or part of a page . . . . . . $1; |
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(C) that is an electronic copy of an electronic |
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document: |
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(i) for each document up to 10 pages in |
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length . . . . . . $1; |
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(ii) for each page or part of a page of a |
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document over 10 pages . . . . . . $0.10; |
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(5) Birth or Death Certificate (Sec. 118.015) |
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. . . . . . same as state registrar; |
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(6) Bond Approval (Sec. 118.016) . . . . . . $ 3.00; |
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(7) Noncovenant Marriage License (Sec. 118.018) |
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. . . . . . $60.00; |
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(8) Declaration of Informal Marriage (Sec. 118.019) |
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. . . . . . $25.00; |
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(9) Brand Registration (Sec. 118.020) . . . . . . |
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$5.00; |
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(10) Oath Administration (Sec. 118.021) . . . . . . |
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$1.00. |
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(h) 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 9. The heading to Section 118.018, Local Government |
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Code, is amended to read as follows: |
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Sec. 118.018. NONCOVENANT MARRIAGE LICENSE. |
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SECTION 10. Sections 118.018(a) and (b-1), Local Government |
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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; |
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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; and |
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(3) provides proof satisfactory to the county clerk |
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that the applicant is a resident of this state. |
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SECTION 11. This Act takes effect September 1, 2025. |