Bill Text: TX HB1745 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the funding and issuing of marriage licenses and certifications and the recognition of certain marriages.
Spectrum: Partisan Bill (Republican 30-0)
Status: (Introduced - Dead) 2015-03-25 - Left pending in committee [HB1745 Detail]
Download: Texas-2015-HB1745-Introduced.html
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| By: Bell | H.B. No. 1745 | |
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| relating to the funding and issuing of marriage licenses and | ||
| certifications and the recognition of certain marriages. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. (a) This Act may be cited as the Preservation of | ||
| Sovereignty and Marriage Act. | ||
| (b) The purpose of the Preservation of Sovereignty and | ||
| Marriage Act is to clarify that no state or local governmental | ||
| employee may be compelled to recognize a marriage or grant or | ||
| enforce a marriage license that violates a personal religious | ||
| belief. | ||
| SECTION 2. Subtitle A, Title 1, Family Code, is amended by | ||
| adding Chapter 1A to read as follows: | ||
| CHAPTER 1A. SECRETARY OF STATE | ||
| Sec. 1A.001. ISSUER OF MARRIAGE LICENSES. (a) The | ||
| secretary of state is the sole issuer of marriage licenses or | ||
| certificates or declarations of informal marriage in this state. | ||
| (b) The secretary of state shall perform the secretary's | ||
| duties under this chapter in compliance with Section 32, Article I, | ||
| Texas Constitution. | ||
| Sec. 1A.002. LOCAL AGREEMENTS FOR DELEGATION; RULES. (a) | ||
| The secretary of state may adopt rules for county clerks to issue | ||
| marriage licenses and certify declarations of informal marriage | ||
| under the supervision of the secretary of state. | ||
| (b) The secretary of state may withhold or withdraw | ||
| authorization for a county clerk to issue marriage licenses or | ||
| certify declarations of informal marriage if the clerk: | ||
| (1) violates this chapter, Chapter 2, or the rules of | ||
| the secretary of state; or | ||
| (2) issues a marriage license or certifies a | ||
| declaration of informal marriage inconsistent with the provisions | ||
| of Section 32, Article I, Texas Constitution. | ||
| SECTION 3. Chapter 2, Family Code, is amended by adding | ||
| Subchapter G to read as follows: | ||
| SUBCHAPTER G. PUBLIC POLICY | ||
| Sec. 2.601. RECOGNITION AND FUNDING FOR CERTAIN VOIDABLE | ||
| MARRIAGES. (a) State or local funds may not be used for an activity | ||
| that includes the licensing, registering, certifying, or support of | ||
| a marriage not defined by Section 32, Article I, Texas | ||
| Constitution. | ||
| (b) A state or local governmental employee may not | ||
| recognize, grant, or enforce a marriage license or certification or | ||
| declaration of informal marriage, except a license or certification | ||
| for a marriage that conforms to Section 32, Article I, Texas | ||
| Constitution. | ||
| (c) State or local funds may not be used to enforce an order | ||
| requiring the issuance or recognition of a marriage license or | ||
| certification or declaration of informal marriage, except a | ||
| marriage license or certification or declaration of informal | ||
| marriage defined under Section 32, Article I, Texas Constitution. | ||
| SECTION 4. The severability provisions of Section 311.032, | ||
| Government Code, apply to this Act. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
