Bill Text: TX HB623 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the funding, issuing, and litigation of certain marriage licenses.
Sponsorship: Partisan Bill (Republican 46)
Status: (Introduced - Dead) 2015-02-23 - Referred to State Affairs [HB623 Detail]
Download: Texas-2015-HB623-Introduced.html
| By: Bell | H.B. No. 623 | |
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| 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. | ||
