Bill Text: TX HB547 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation and dissolution of a covenant marriage.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-08 - Left pending in committee [HB547 Detail]
Download: Texas-2015-HB547-Introduced.html
84R82 EES-D | ||
By: White of Tyler | H.B. No. 547 |
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relating to the creation and dissolution of a covenant marriage. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2, Family Code, is amended | ||
by adding Section 2.0041 to read as follows: | ||
Sec. 2.0041. AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT | ||
MARRIAGE. (a) This section applies only to a county: | ||
(1) with a population of not less than 54,000 or more | ||
than 56,000 and in which more than 250 divorces are granted each | ||
year; or | ||
(2) in which the commissioners court has adopted an | ||
order authorizing persons to enter into covenant marriages. | ||
(b) Notwithstanding Subsection (a), a county described by | ||
Subsection (a)(1) continues to be subject to this section after the | ||
initial year of applicability regardless of whether the county | ||
continues to be described by that subsection. A commissioners | ||
court may not revoke an order described by Subsection (a)(2). | ||
(c) The applicants for a marriage license in a county to | ||
which this section applies may enter into a covenant marriage by | ||
submitting with the application for the license a signed and | ||
notarized affidavit of intent to enter into a covenant marriage. | ||
(d) The affidavit of intent to enter into a covenant | ||
marriage must contain the following statement: | ||
"We do solemnly declare that marriage is a covenant between a | ||
man and a woman who agree to live together as husband and wife for so | ||
long as they both may live. We understand the nature, purpose, and | ||
responsibilities of marriage and have received counseling on the | ||
obligations of a covenant marriage. We have read the pamphlet on | ||
covenant marriage and understand that a covenant marriage is for | ||
life. We understand that we can get divorced or separated only for a | ||
reason stated in the pamphlet on covenant marriage. If we | ||
experience marital difficulties, we commit ourselves to take all | ||
reasonable efforts to preserve our marriage, including marital | ||
counseling. | ||
With full knowledge of what this commitment means, we declare | ||
our intent to enter into a covenant marriage that will be bound by | ||
Texas law on covenant marriage and we promise to love, honor, and | ||
care for one another as husband and wife for the rest of our lives." | ||
SECTION 2. Section 2.009, Family Code, is amended by adding | ||
Subsection (e) to read as follows: | ||
(e) The county clerk shall indicate on the marriage license | ||
whether the license is for a covenant marriage. | ||
SECTION 3. Chapter 2, Family Code, is amended by adding | ||
Subchapter G to read as follows: | ||
SUBCHAPTER G. COVENANT MARRIAGE | ||
Sec. 2.601. DESIGNATING EXISTING MARRIAGE AS COVENANT | ||
MARRIAGE. (a) In a county to which Section 2.0041 applies, a | ||
married couple residing in the county may designate their marriage | ||
as a covenant marriage by filing with the county clerk: | ||
(1) a signed and notarized affidavit of intent to | ||
designate a marriage as a covenant marriage; and | ||
(2) a copy of the couple's marriage license. | ||
(b) The affidavit of intent to designate a marriage as a | ||
covenant marriage must contain the following statement: | ||
"We do solemnly declare that marriage is a covenant between a | ||
man and a woman who agree to live together as husband and wife for so | ||
long as they both may live. We understand the nature, purpose, and | ||
responsibilities of marriage and have received counseling on the | ||
obligations of a covenant marriage. We have read the pamphlet on | ||
covenant marriage and understand that a covenant marriage is for | ||
life. We understand that we can get divorced or separated only for a | ||
reason stated in the pamphlet on covenant marriage. If we | ||
experience marital difficulties, we commit ourselves to take all | ||
reasonable efforts to preserve our marriage, including marital | ||
counseling. | ||
With full knowledge of what this commitment means, we declare | ||
that our marriage will be bound by Texas law on covenant marriage | ||
and we renew our promise to love, honor, and care for one another as | ||
husband and wife for the rest of our lives." | ||
(c) On receipt of the affidavit and marriage license under | ||
Subsection (a), the county clerk shall: | ||
(1) designate on the marriage license that the | ||
marriage is a covenant marriage; and | ||
(2) attach a copy of the affidavit to the marriage | ||
license. | ||
(d) A marriage becomes a covenant marriage when a couple | ||
files the affidavit of intent to designate a marriage as a covenant | ||
marriage with the county clerk. | ||
Sec. 2.602. COUNSELING REQUIREMENT. (a) Before a couple | ||
may enter into a covenant marriage or designate a marriage as a | ||
covenant marriage, the couple must complete at least eight hours of | ||
premarital counseling from a person legally authorized to engage in | ||
marriage counseling. The counselor must use a science-based | ||
counseling program. | ||
(b) The counselor shall: | ||
(1) ensure that the couple discusses important | ||
personal issues, including financial issues and conflict | ||
resolution; | ||
(2) discuss the seriousness of a covenant marriage; | ||
(3) inform the couple that a covenant marriage is a | ||
commitment for life; and | ||
(4) inform the couple of the obligation to seek | ||
marital counseling in times of marital difficulties. | ||
(c) The counselor may discuss any other topic the counselor | ||
considers important to the couple's understanding of the marital | ||
commitment. | ||
Sec. 2.603. PAMPHLET ON COVENANT MARRIAGE. (a) The | ||
attorney general shall select a not-for-profit organization to | ||
prepare and publish a pamphlet consistent with the requirements of | ||
this subchapter providing a full explanation of the terms and | ||
conditions of a covenant marriage. To be eligible for selection, an | ||
organization must agree to prepare and publish the pamphlet | ||
completely at the expense of the organization. The pamphlet must | ||
list the grounds for dissolution of a covenant marriage under | ||
Section 6.903 and the grounds for legal separation under Section | ||
6.905. The attorney general shall prepare and publish the pamphlet | ||
if a not-for-profit organization is not available. | ||
(b) The attorney general shall provide the pamphlet to the | ||
county clerks in counties in which a couple may enter into or | ||
designate their marriage as a covenant marriage. A county clerk | ||
shall provide the pamphlet to each person applying for a license for | ||
a covenant marriage or seeking to designate an existing marriage as | ||
a covenant marriage. | ||
Sec. 2.604. MATERIAL FOR COUNTY CLERK. The attorney | ||
general shall develop material to educate county clerks in affected | ||
counties about the requirements for issuing a covenant marriage | ||
license and the differences between a covenant marriage and a | ||
noncovenant marriage. | ||
SECTION 4. Subchapter A, Chapter 6, Family Code, is amended | ||
by adding Section 6.009 to read as follows: | ||
Sec. 6.009. APPLICATION TO COVENANT MARRIAGE. Except as | ||
provided by Section 6.904, this subchapter does not apply to a | ||
covenant marriage. | ||
SECTION 5. Chapter 6, Family Code, is amended by adding | ||
Subchapter K to read as follows: | ||
SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL | ||
SEPARATION | ||
Sec. 6.901. DISSOLUTION OR LEGAL SEPARATION. (a) A spouse | ||
in a covenant marriage who meets the requirements of this | ||
subchapter may file a suit for: | ||
(1) dissolution of the covenant marriage; or | ||
(2) legal separation. | ||
(b) The procedures in this chapter for a suit for | ||
dissolution of a marriage apply to a suit for dissolution of a | ||
covenant marriage or for legal separation of a covenant marriage. | ||
Sec. 6.902. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a) | ||
Except as provided by Section 6.903 or 6.904, a spouse in a covenant | ||
marriage may not obtain a divorce unless the parties to the marriage | ||
have received counseling from a licensed marriage and family | ||
therapist or other licensed mental health professional described by | ||
Subsection (b) in an attempt to reconcile the marriage. The couple | ||
must participate in the counseling until the counselor or both | ||
spouses determine that the marriage is not salvageable. | ||
(b) A licensed mental health professional may perform the | ||
counseling required by this section if the license holder has | ||
completed at least six hours of continuing education in subjects | ||
related to counseling married couples during each licensing period. | ||
Sec. 6.903. GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE. | ||
(a) The court may grant a divorce in a covenant marriage if: | ||
(1) the other spouse has committed adultery; | ||
(2) the other spouse has: | ||
(A) been convicted of a felony; | ||
(B) been imprisoned for at least one year in a | ||
state penitentiary, a federal penitentiary, or a penitentiary of | ||
another state; and | ||
(C) not been pardoned; | ||
(3) the other spouse: | ||
(A) left the complaining spouse with the | ||
intention of abandonment; and | ||
(B) remained away from the complaining spouse for | ||
at least two years; | ||
(4) the spouses have lived apart without cohabitation | ||
for at least three years; | ||
(5) an order of legal separation has been issued to one | ||
of the spouses under Section 6.905 and the spouses have lived apart | ||
without reconciliation for at least: | ||
(A) two years after the date a separation order | ||
is rendered if there are no minor children from the marriage; or | ||
(B) two years and six months after the date a | ||
separation order is rendered if there is a minor child from the | ||
marriage; or | ||
(6) the spouses have completed the counseling required | ||
by Section 6.902 and: | ||
(A) the spouses agree to dissolve the marriage; | ||
or | ||
(B) the counselor determines that, in the | ||
counselor's professional opinion, it is in the best interest of | ||
both spouses to dissolve the marriage. | ||
(b) The court may not grant a divorce under Subsection | ||
(a)(2) if the spouse who was convicted of a felony was convicted | ||
solely on the testimony of the other spouse. | ||
Sec. 6.904. DISSOLUTION OF MARRIAGE: FAMILY VIOLENCE. A | ||
spouse who files with the petition in a suit for dissolution of a | ||
covenant marriage an affidavit stating that the other spouse | ||
committed family violence, as defined by Section 71.004, against | ||
the spouse may file the suit under Subchapter A. | ||
Sec. 6.905. LEGAL SEPARATION. (a) A spouse in a covenant | ||
marriage may file a suit to obtain from the court an order of legal | ||
separation if: | ||
(1) the other spouse has committed adultery; | ||
(2) the other spouse has: | ||
(A) been convicted of a felony; | ||
(B) been imprisoned for at least one year in a | ||
state penitentiary, a federal penitentiary, or a penitentiary of | ||
another state; and | ||
(C) not been pardoned; | ||
(3) the other spouse: | ||
(A) left the complaining spouse with the | ||
intention of abandonment; and | ||
(B) remained away from the complaining spouse for | ||
at least one year; | ||
(4) the other spouse committed family violence as | ||
defined by Section 71.004 and the spouse reported the family | ||
violence to a law enforcement agency and has filed for a protective | ||
order; | ||
(5) the spouses have lived apart without cohabitation | ||
for at least three years; or | ||
(6) the other spouse habitually abuses illegal drugs | ||
or alcohol. | ||
(b) The court may not render an order of legal separation | ||
under Subsection (a)(2) if the spouse who was convicted of a felony | ||
was convicted solely on the testimony of the other spouse. | ||
SECTION 6. Subchapter B, Chapter 8, Family Code, is amended | ||
by adding Section 8.0511 to read as follows: | ||
Sec. 8.0511. TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS | ||
INVOLVING COVENANT MARRIAGE. Notwithstanding any other provision | ||
of this subchapter, the court shall render a temporary order for | ||
maintenance in favor of a spouse who files for: | ||
(1) legal separation of a covenant marriage based on | ||
abandonment under Section 6.905(a)(3); or | ||
(2) dissolution of a covenant marriage. | ||
SECTION 7. Section 194.001, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 194.001. REPORT OF MARRIAGE. (a) The county clerk | ||
shall file with the bureau of vital statistics a copy of each | ||
completed marriage license application and a copy of any affidavit | ||
of an absent applicant or affidavit of intent to enter into a | ||
covenant marriage submitted with an application. The clerk shall | ||
file the copies not later than the 90th day after the date of the | ||
application. The clerk may not collect a fee for filing the | ||
copies. | ||
(b) The county clerk shall file with the bureau of vital | ||
statistics a copy of each declaration of informal marriage executed | ||
under Section 2.402 [ |
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copy not later than the 90th day after the date on which the | ||
declaration is executed. | ||
(c) The county clerk shall file with the bureau of vital | ||
statistics a copy of each affidavit of intent to designate a | ||
marriage as a covenant marriage executed under Section 2.601, | ||
Family Code. The clerk shall file the copy not later than the 90th | ||
day after the date on which the affidavit is executed. | ||
SECTION 8. Section 194.0011, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS; DESIGNATING | ||
MARRIAGE AS COVENANT MARRIAGE. (a) The executive commissioner of | ||
the Health and Human Services Commission [ |
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prescribe the format and content of the: | ||
(1) form used for the marriage license application; | ||
(2) affidavit of intent to enter into a covenant | ||
marriage; and | ||
(3) affidavit of intent to designate a marriage as a | ||
covenant marriage. | ||
(b) The bureau of vital statistics shall print and | ||
distribute the marriage license application form [ |
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county clerk throughout the state and the affidavits to the county | ||
clerks in counties in which a couple may enter into or designate | ||
their marriage as a covenant marriage. | ||
(c) The form and affidavits adopted by the executive | ||
commissioner [ |
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affidavits. | ||
(d) A county clerk may reproduce the executive | ||
commissioner's [ |
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SECTION 9. Section 118.011, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (g) to | ||
read as follows: | ||
(a) A county clerk shall collect the following fees for | ||
services rendered to any person: | ||
(1) Personal Property Records Filing (Sec. 118.012): | ||
for the first page $ 5.00 | ||
for each additional page or part of a page on which | ||
there are visible marks of any kind $ 4.00 | ||
(2) Real Property Records Filing (Sec. 118.013): | ||
for the first page $ 5.00 | ||
for each additional page or part of a page on which | ||
there are visible marks of any kind $ 4.00 | ||
for all or part of each 8-1/2" X 14" attachment | ||
or rider $ 4.00 | ||
for each name in excess of five names that has to | ||
be indexed in all records in which the document must be | ||
indexed $ 0.25 | ||
(3) Certified Papers (Sec. 118.014): | ||
for the clerk's certificate $ 5.00 | ||
plus a fee for each page or part of a | ||
page $ 1.00 | ||
(4) Noncertified Papers (Sec. 118.0145): | ||
for each page or part of a page $ 1.00 | ||
(5) Birth or Death Certificate (Sec. | ||
118.015) same as state registrar | ||
(6) Bond Approval (Sec. 118.016) $ 3.00 | ||
(7) Noncovenant Marriage License | ||
(Sec. 118.018) $60.00 | ||
(8) Declaration of Informal Marriage (Sec. | ||
118.019) $25.00 | ||
(9) Brand Registration (Sec. 118.020)$ 5.00 | ||
(10) Oath Administration (Sec. 118.021)$ 1.00 | ||
(g) A county clerk may not charge a fee for issuing a | ||
covenant marriage license or designating on a marriage license that | ||
the marriage is a covenant marriage. | ||
SECTION 10. The heading to Section 118.018, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 118.018. NONCOVENANT MARRIAGE LICENSE. | ||
SECTION 11. Sections 118.018(a) and (b-1), Local Government | ||
Code, are amended to read as follows: | ||
(a) The fee for a "Noncovenant Marriage License" under | ||
Section 118.011 is for issuing a noncovenant marriage license. The | ||
fee must be paid at the time the license is issued, except as | ||
provided by Subsection (b-1). | ||
(b-1) The county clerk shall issue a noncovenant marriage | ||
license without collecting a noncovenant marriage license fee from | ||
an applicant who: | ||
(1) completes a premarital education course described | ||
by Section 2.013, Family Code; and | ||
(2) provides to the county clerk a premarital | ||
education course completion certificate indicating completion of | ||
the premarital education course not more than one year before the | ||
date the noncovenant marriage license application is filed with the | ||
clerk. | ||
SECTION 12. This Act takes effect September 1, 2015. |