Bill Text: TX HB623 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the funding, issuing, and litigation of certain marriage licenses.
Spectrum: Partisan Bill (Republican 46-0)
Status: (Introduced - Dead) 2015-02-23 - Referred to State Affairs [HB623 Detail]
Download: Texas-2015-HB623-Introduced.html
By: Bell | H.B. No. 623 |
|
||
|
||
relating to the funding, issuing, and litigation of certain | ||
marriage licenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Preservation of | ||
Sovereignty and Marriage Act. | ||
SECTION 2. Section 2.001, Family Code, is amended to read as | ||
follows: | ||
(c) State or local taxpayer funds or governmental salaries | ||
may not be used for an activity that includes the licensing or | ||
support of same-sex marriage. | ||
(d) A state or local governmental employee officially may | ||
not recognize, grant, or enforce a same-sex marriage license. If an | ||
employee violates this subsection, the employee may not continue to | ||
receive a salary, pension, or other employee benefit at the expense | ||
of the taxpayers of this State. | ||
(e) Taxes or public funds may not be utilized to enforce a | ||
court order requiring the issuance or recognition of a same-sex | ||
marriage license. | ||
(f) A court of this State shall dismiss a legal action | ||
challenging a provision of this section and shall award costs and | ||
attorney's fees to a person or entity named as a defendant in the | ||
legal action. | ||
(g) A person employed by this State or a local governmental | ||
entity who violates or interferes with the implementation of this | ||
section may not continue to receive a salary, pension, or other | ||
employee benefit. | ||
(h) The State is not subject to suit in law or equity | ||
pursuant to the eleventh amendment of the United States | ||
Constitution for complying with the provisions of this section, | ||
regardless of a contrary federal court ruling. | ||
SECTION 3. If any section, subsection, paragraph, | ||
subparagraph, sentence, clause, phrase, or word of this Act is for | ||
any reason held to be unconstitutional or invalid, such holding | ||
shall not affect the constitutionality or validity of the remaining | ||
portions of this Act, the legislature hereby declaring that it | ||
would have passed this, and each and every section, subsection, | ||
paragraph, subparagraph, sentence, clause, phrase, and word | ||
thereof, irrespective of the fact that any one or more other | ||
sections, subsections, paragraphs, subparagraphs, sentences, | ||
clauses, phrases, or words hereof may be declared to be | ||
unconstitutional, invalid, or otherwise ineffective. All | ||
constitutionally valid applications of this Act shall be severed | ||
from any applications that a court finds to be invalid, leaving the | ||
valid applications in force, because it is the legislature's intent | ||
and priority that the valid applications be allowed to stand alone. | ||
SECTION 4. 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. |