|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
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relating to issuing a marriage license and conducting a marriage |
|
ceremony. |
|
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 |
|
by adding Sections 2.0001 and 2.0002 to read as follows: |
|
Sec. 2.0001. DEFINITION: CERTIFYING OFFICIAL. In this |
|
chapter, "certifying official" means a person, other than the |
|
county clerk, authorized to certify a completed application for a |
|
marriage license, administer the oath, and issue the license. |
|
Sec. 2.0002. FUNCTIONS OF CERTIFYING OFFICIAL. (a) This |
|
section applies only to a county in which the county clerk has |
|
notified the commissioners court of a sincerely held religious |
|
belief under Section 2.603. |
|
(b) The county clerk in the county in which an application |
|
for a marriage license is filed may delegate the duty to certify the |
|
application, administer the oath, and issue the license to a deputy |
|
clerk if the deputy clerk is willing and available to perform those |
|
functions. |
|
(c) A judge or magistrate who is willing and available to |
|
certify an application for a marriage license, administer the oath, |
|
and issue the license may act as the certifying official in any |
|
county, regardless of whether the magistrate or judge normally has |
|
jurisdiction in that county. |
|
(d) If the commissioners court of a county determines that a |
|
county clerk has made a notification under Section 2.603 and an |
|
insufficient number of deputy county clerks, judges, or magistrates |
|
in the county are willing and available to certify an application |
|
for a marriage license, administer the oath, and issue the license, |
|
the commissioners court shall designate one or more county |
|
employees or employ or contract with one or more individuals to |
|
provide those services as a certifying official under Section |
|
81.035, Local Government Code. A certifying official contracted |
|
with under this subsection is not required to be an employee of the |
|
county. |
|
(e) A certifying official under this section is not |
|
authorized to perform the functions of a county clerk other than |
|
certifying a completed marriage license application, administering |
|
the oath, and issuing the license. |
|
SECTION 2. Section 2.001(a), Family Code, is amended to |
|
read as follows: |
|
(a) A man and a woman desiring to enter into a ceremonial |
|
marriage must obtain a marriage license from the county clerk of any |
|
county of this state or a certifying official. |
|
SECTION 3. Section 2.002, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by |
|
Section 2.006, each person applying for a license must[:
|
|
[(1)] appear before the county clerk or certifying |
|
official, in person or by telephone or electronic means, and, in any |
|
order, shall:[;] |
|
(1) [(2)] submit the person's proof of identity and |
|
age as provided by Section 2.005(b); |
|
(2) [(3)] provide the information applicable to that |
|
person for which spaces are provided in the application for a |
|
marriage license; |
|
(3) [(4)] mark the appropriate boxes provided in the |
|
application; [and] |
|
(4) [(5)] take the oath printed on the application |
|
administered by the county clerk or certifying official; and |
|
(5) sign the application [before the county clerk]. |
|
SECTION 4. Section 2.003, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition |
|
to the other requirements provided by this chapter, a person under |
|
18 years of age applying for a license must provide to the county |
|
clerk or certifying official: |
|
(1) documents establishing, as provided by Section |
|
2.102, parental consent for the person to the marriage; |
|
(2) documents establishing that a prior marriage of |
|
the person has been dissolved; or |
|
(3) a court order granted under Section 2.103 |
|
authorizing the marriage of the person. |
|
SECTION 5. Sections 2.004(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) The county clerk or certifying official shall furnish |
|
the application form as prescribed by the bureau of vital |
|
statistics. |
|
(b) The application form must contain: |
|
(1) a heading entitled "Application for Marriage |
|
License, ____________ County, Texas"; |
|
(2) spaces for each applicant's full name, including |
|
the woman's maiden surname, address, social security number, if |
|
any, date of birth, and place of birth, including city, county, and |
|
state; |
|
(3) a space for indicating the document tendered by |
|
each applicant as proof of identity and age; |
|
(4) spaces for indicating whether each applicant has |
|
been divorced within the last 30 days; |
|
(5) printed boxes for each applicant to check "true" |
|
or "false" in response to the following statement: "I am not |
|
presently married and the other applicant is not presently |
|
married."; |
|
(6) printed boxes for each applicant to check "true" |
|
or "false" in response to the following statement: "The other |
|
applicant is not related to me as: |
|
(A) an ancestor or descendant, by blood or |
|
adoption; |
|
(B) a brother or sister, of the whole or half |
|
blood or by adoption; |
|
(C) a parent's brother or sister, of the whole or |
|
half blood or by adoption; |
|
(D) a son or daughter of a brother or sister, of |
|
the whole or half blood or by adoption; |
|
(E) a current or former stepchild or stepparent; |
|
or |
|
(F) a son or daughter of a parent's brother or |
|
sister, of the whole or half blood or by adoption."; |
|
(7) printed boxes for each applicant to check "true" |
|
or "false" in response to the following statement: "I am not |
|
presently delinquent in the payment of court-ordered child |
|
support."; |
|
(8) a printed oath reading: "I SOLEMNLY SWEAR (OR |
|
AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS |
|
CORRECT."; |
|
(9) spaces immediately below the printed oath for the |
|
applicants' signatures; |
|
(10) a certificate of the county clerk or certifying |
|
official that: |
|
(A) each applicant made the oath and the date and |
|
place that the oath [it] was made; or |
|
(B) an applicant did not appear personally but |
|
the prerequisites for the license have been fulfilled as provided |
|
by this chapter; |
|
(11) spaces for indicating the date of the marriage |
|
and the county in which the marriage is performed; |
|
(12) a space for the address to which the applicants |
|
desire the completed license to be mailed; and |
|
(13) a printed box for each applicant to check |
|
indicating that the applicant wishes to make a voluntary |
|
contribution of $5 to promote healthy early childhood by supporting |
|
the Texas Home Visiting Program administered by the Office of Early |
|
Childhood Coordination of the Health and Human Services Commission. |
|
SECTION 6. Sections 2.005(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) The county clerk or certifying official shall require |
|
proof of the identity and age of each applicant. |
|
(b) The proof must be established by: |
|
(1) a driver's license or identification card issued |
|
by this state, another state, or a Canadian province that is current |
|
or has expired not more than two years preceding the date the |
|
identification is submitted to the county clerk or certifying |
|
official in connection with an application for a license; |
|
(2) a United States passport; |
|
(3) a current passport issued by a foreign country or a |
|
consular document issued by a state or national government; |
|
(4) an unexpired Certificate of United States |
|
Citizenship, Certificate of Naturalization, United States Citizen |
|
Identification Card, Permanent Resident Card, Temporary Resident |
|
Card, Employment Authorization Card, or other document issued by |
|
the federal Department of Homeland Security or the United States |
|
Department of State including an identification photograph; |
|
(5) an unexpired military identification card for |
|
active duty, reserve, or retired personnel with an identification |
|
photograph; |
|
(6) an original or certified copy of a birth |
|
certificate issued by a bureau of vital statistics for a state or a |
|
foreign government; |
|
(7) an original or certified copy of a Consular Report |
|
of Birth Abroad or Certificate of Birth Abroad issued by the United |
|
States Department of State; |
|
(8) an original or certified copy of a court order |
|
relating to the applicant's name change or sex change; |
|
(9) school records from a secondary school or |
|
institution of higher education; |
|
(10) an insurance policy continuously valid for the |
|
two years preceding the date of the application for a license; |
|
(11) a motor vehicle certificate of title; |
|
(12) military records, including documentation of |
|
release or discharge from active duty or a draft record; |
|
(13) an unexpired military dependent identification |
|
card; |
|
(14) an original or certified copy of the applicant's |
|
marriage license or divorce decree; |
|
(15) a voter registration certificate; |
|
(16) a pilot's license issued by the Federal Aviation |
|
Administration or another authorized agency of the United States; |
|
(17) a license to carry a handgun under Subchapter H, |
|
Chapter 411, Government Code; |
|
(18) a temporary driving permit or a temporary |
|
identification card issued by the Department of Public Safety; or |
|
(19) an offender identification card issued by the |
|
Texas Department of Criminal Justice. |
|
SECTION 7. Section 2.006, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.006. ABSENT APPLICANT. (a) If an applicant is |
|
unable to appear personally before the county clerk or to appear |
|
personally or by telephone or electronic means before the |
|
certifying official to apply for a marriage license, any adult |
|
person or the other applicant may apply on behalf of the absent |
|
applicant. |
|
(b) The person applying on behalf of an absent applicant |
|
shall provide to the clerk or certifying official: |
|
(1) notwithstanding Section 132.001, Civil Practice |
|
and Remedies Code, the notarized affidavit of the absent applicant |
|
as provided by this subchapter; |
|
(2) proof of the identity and age of the absent |
|
applicant under Section 2.005(b); and |
|
(3) if required because the absent applicant is a |
|
person under 18 years of age, documents establishing that a prior |
|
marriage has been dissolved, a court order authorizing the marriage |
|
of the absent, underage applicant, or documents establishing |
|
consent by a parent or a person who has legal authority to consent |
|
to the marriage, including: |
|
(A) proof of identity of the parent or person |
|
with legal authority to consent to the marriage under Section |
|
2.005(b); and |
|
(B) proof that the parent or person has the legal |
|
authority to consent to the marriage for the applicant under rules |
|
adopted under Section 2.102(j). |
|
(c) Notwithstanding Subsection (a), the clerk or certifying |
|
official may not issue a marriage license for which both applicants |
|
are absent unless the person applying on behalf of each absent |
|
applicant provides to the clerk or certifying official an affidavit |
|
of the applicant declaring that the applicant is a member of the |
|
armed forces of the United States stationed in another country in |
|
support of combat or another military operation. |
|
SECTION 8. Section 2.007, Family Code, is amended to read as |
|
follows: |
|
Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of |
|
an absent applicant must include: |
|
(1) the absent applicant's full name, including the |
|
maiden surname of a female applicant, address, date of birth, place |
|
of birth, including city, county, and state, citizenship, and |
|
social security number, if any; |
|
(2) a declaration that the absent applicant has not |
|
been divorced within the last 30 days; |
|
(3) a declaration that the absent applicant is: |
|
(A) not presently married; or |
|
(B) married to the other applicant and they wish |
|
to marry again; |
|
(4) a declaration that the other applicant is not |
|
presently married and is not related to the absent applicant as: |
|
(A) an ancestor or descendant, by blood or |
|
adoption; |
|
(B) a brother or sister, of the whole or half |
|
blood or by adoption; |
|
(C) a parent's brother or sister, of the whole or |
|
half blood or by adoption; |
|
(D) a son or daughter of a brother or sister, of |
|
the whole or half blood or by adoption; |
|
(E) a current or former stepchild or stepparent; |
|
or |
|
(F) a son or daughter of a parent's brother or |
|
sister, of the whole or half blood or by adoption; |
|
(5) a declaration that the absent applicant desires to |
|
marry and the name, age, and address of the person to whom the |
|
absent applicant desires to be married; |
|
(6) the approximate date on which the marriage is to |
|
occur; |
|
(7) the reason the absent applicant is unable to |
|
appear personally before the county clerk or to appear personally |
|
or by telephone or electronic means before the certifying official |
|
for the issuance of the license; and |
|
(8) the appointment of any adult, other than the other |
|
applicant, to act as proxy for the purpose of participating in the |
|
ceremony, if the absent applicant is: |
|
(A) a member of the armed forces of the United |
|
States stationed in another country in support of combat or another |
|
military operation; and |
|
(B) unable to attend the ceremony. |
|
SECTION 9. Section 2.0071, Family Code, is amended to read |
|
as follows: |
|
Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO |
|
LICENSE FOR ABSENT APPLICANT. If a [A] county clerk or certifying |
|
official [who] issues a marriage license for an absent applicant, |
|
the clerk shall maintain the affidavit of the absent applicant and |
|
the application for the marriage license in the same manner that the |
|
clerk maintains an application for a marriage license submitted by |
|
two applicants in person. |
|
SECTION 10. Section 2.008, Family Code, is amended to read |
|
as follows: |
|
Sec. 2.008. CERTIFICATION [EXECUTION] OF APPLICATION [BY
|
|
CLERK]. (a) The county clerk or certifying official shall: |
|
(1) determine that all necessary information, other |
|
than the date of the marriage ceremony, the county in which the |
|
ceremony is conducted, and the name of the person who performs the |
|
ceremony, is recorded on the application and that all necessary |
|
documents are submitted; |
|
(2) administer the oath to each applicant appearing |
|
personally before the clerk or appearing personally or by telephone |
|
or electronic means before the certifying official; and |
|
(3) ensure that [have] each applicant appearing |
|
personally before the clerk or appearing personally or by telephone |
|
or electronic means before the certifying official has signed |
|
[sign] the application. |
|
(a-1) If the county clerk certifies the application, the |
|
clerk shall [in the clerk's presence; and
|
|
[(4)] execute the clerk's certificate on the |
|
application. If a certifying official certifies the application, |
|
the certifying official shall: |
|
(1) include on the application: |
|
(A) the county to which the marriage license is |
|
to be returned; and |
|
(B) the name, job title, and signature of the |
|
certifying official; and |
|
(2) return the certified application and any |
|
supporting documentation by facsimile or electronic or other means |
|
to the county clerk. |
|
(a-2) If the county clerk has given notice under Section |
|
2.603 that the clerk is unwilling to certify the application, |
|
administer the oath, and issue the license, and the deputy clerk is |
|
not performing those functions in that county, the clerk shall |
|
provide the applicants with notice of any certifying officials |
|
serving in that county. If no certifying official is located in the |
|
county, the county clerk shall provide the applicants with contact |
|
information for a certifying official designated under Section |
|
81.035, Local Government Code. |
|
(a-3) In the event an applicant is referred to a certifying |
|
official located outside the county under Subsection (a-2), the |
|
applicant may submit the completed application and all supporting |
|
documentation to the applicable certifying official via facsimile |
|
or electronic or other means. A certifying official described by |
|
this subsection shall: |
|
(1) determine that all necessary information, other |
|
than the date of the marriage ceremony, the county in which the |
|
ceremony is conducted, and the name of the person who performs the |
|
ceremony, is recorded on the application and that all necessary |
|
documents are submitted; |
|
(2) administer the oath to each applicant, which may |
|
be accomplished telephonically or electronically; |
|
(3) ensure that each applicant appearing by telephone |
|
or electronic means before the certifying official has signed the |
|
application; |
|
(4) certify the application and include on the |
|
application: |
|
(A) the county to which the marriage license is |
|
to be returned; and |
|
(B) the name, job title, signature, and location |
|
of the certifying official; and |
|
(5) return the certified application and any |
|
supporting documentation by facsimile or electronic or other means |
|
to the appropriate county clerk. |
|
(b) A person appearing before the clerk or certifying |
|
official on behalf of an absent applicant is not required to take |
|
the oath on behalf of the absent applicant. |
|
SECTION 11. Section 2.009, Family Code, is amended to read |
|
as follows: |
|
Sec. 2.009. ISSUANCE OF LICENSE. (a) Except as provided |
|
by Subsections (b) and (d), the county clerk or certifying official |
|
may not issue a license if either applicant: |
|
(1) fails to provide the information required by this |
|
subchapter; |
|
(2) fails to submit proof of age and identity; |
|
(3) is under 16 years of age and has not been granted a |
|
court order as provided by Section 2.103; |
|
(4) is 16 years of age or older but under 18 years of |
|
age and has not presented at least one of the following: |
|
(A) parental consent as provided by Section |
|
2.102; |
|
(B) documents establishing that a prior marriage |
|
of the applicant has been dissolved; or |
|
(C) a court order as provided by Section 2.103; |
|
(5) checks "false" in response to a statement in the |
|
application, except as provided by Subsection (b) or (d), or fails |
|
to make a required declaration in an affidavit required of an absent |
|
applicant; or |
|
(6) indicates that the applicant has been divorced |
|
within the last 30 days, unless: |
|
(A) the applicants were divorced from each other; |
|
or |
|
(B) the prohibition against remarriage is waived |
|
as provided by Section 6.802. |
|
(b) If an applicant checks "false" in response to the |
|
statement "I am not presently married and the other applicant is not |
|
presently married," the county clerk or certifying official shall |
|
inquire as to whether the applicant is presently married to the |
|
other applicant. If the applicant states that the applicant is |
|
currently married to the other applicant, the county clerk or |
|
certifying official shall record that statement on the license |
|
[before the administration of the oath]. The county clerk or |
|
certifying official may not refuse to issue a license on the ground |
|
that the applicants are already married to each other. |
|
(c) On the proper certification [execution] of the |
|
application, the clerk or certifying official, as applicable, |
|
shall: |
|
(1) prepare the license; |
|
(2) enter on the license the names of the licensees, |
|
the date that the license is issued, and, if applicable, the name of |
|
the person appointed to act as proxy for an absent applicant, if |
|
any; |
|
(3) record the time at which the license was issued; |
|
(4) give [distribute to] each applicant [written] |
|
notice in writing or by facsimile or electronic or other means of |
|
the online location of the information prepared under Section 2.010 |
|
regarding acquired immune deficiency syndrome (AIDS) and human |
|
immunodeficiency virus (HIV) and note on the license that the |
|
notice [distribution] was given [made]; and |
|
(5) inform each applicant, in person or by telephone |
|
or electronic means: |
|
(A) that a premarital education handbook |
|
developed by the child support division of the office of the |
|
attorney general under Section 2.014 is available on the child |
|
support division's Internet website; or |
|
(B) if the applicant does not have Internet |
|
access, how the applicant may obtain a paper copy of the handbook |
|
described by Paragraph (A). |
|
(d) The county clerk or certifying official may not refuse |
|
to issue a license to an applicant on the ground that the applicant |
|
checked "false" in response to the statement "I am not presently |
|
delinquent in the payment of court-ordered child support." |
|
SECTION 12. Section 2.012, Family Code, is amended to read |
|
as follows: |
|
Sec. 2.012. VIOLATION OF SUBCHAPTER [BY COUNTY CLERK]; |
|
PENALTY. (a) A county clerk, [or] deputy county clerk, or |
|
certifying official who violates or fails to comply with this |
|
subchapter commits an offense. |
|
(b) An offense under this section is a Class C misdemeanor |
|
punishable by a fine of [not less than $200 and] not more than $500. |
|
SECTION 13. Section 2.101, Family Code, is amended to read |
|
as follows: |
|
Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise |
|
provided by this subchapter or on a showing that a prior marriage |
|
has been dissolved, a county clerk or certifying official may not |
|
issue a marriage license if either applicant is under 18 years of |
|
age. |
|
SECTION 14. Sections 2.102(a), (b), and (c), Family Code, |
|
are amended to read as follows: |
|
(a) If an applicant is 16 years of age or older but under 18 |
|
years of age, the county clerk or certifying official shall issue |
|
the license if parental consent is given as provided by this |
|
section. |
|
(b) Parental consent must be evidenced by a written |
|
declaration on a form supplied by the county clerk or certifying |
|
official in which the person consents to the marriage and swears |
|
that the person is a parent (if there is no person who has the |
|
court-ordered right to consent to marriage for the applicant) or a |
|
person who has the court-ordered right to consent to marriage for |
|
the applicant (whether an individual, authorized agency, or court). |
|
(c) Except as otherwise provided by this section, consent |
|
must be acknowledged before a county clerk or certifying official. |
|
Consent may be acknowledged by telephone or electronic means if the |
|
certifying official is not in the same county as the applicant. |
|
SECTION 15. Section 2.202, Family Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) A person authorized to conduct a marriage ceremony under |
|
this section may decline to conduct a marriage ceremony and, unless |
|
the person declines to conduct the ceremony for a reason prohibited |
|
under Section 2.205: |
|
(1) the person is not subject to an administrative or |
|
civil penalty imposed by this state, an agency of this state, or a |
|
political subdivision of this state; and |
|
(2) a civil cause of action may not be brought against |
|
the person based on the person's refusal to conduct the marriage |
|
ceremony. |
|
SECTION 16. Section 2.204(b), Family Code, is amended to |
|
read as follows: |
|
(b) The 72-hour waiting period after issuance of a marriage |
|
license does not apply to an applicant who: |
|
(1) is a member of the armed forces of the United |
|
States and on active duty; |
|
(2) is not a member of the armed forces of the United |
|
States but performs work for the United States Department of |
|
Defense as a department employee or under a contract with the |
|
department; |
|
(3) obtains a written waiver under Subsection (c); or |
|
(4) completes a premarital education course described |
|
by Section 2.013, and who provides to the county clerk or certifying |
|
official a premarital education course completion certificate |
|
indicating completion of the premarital education course not more |
|
than one year before the date the marriage license application is |
|
filed with the clerk or certifying official. |
|
SECTION 17. Section 2.206(a), Family Code, is amended to |
|
read as follows: |
|
(a) The person who conducts a marriage ceremony shall record |
|
on the license the date on which and the county in which the |
|
ceremony is performed and the person's name, subscribe the license, |
|
and return the license to the county clerk of the county that is |
|
designated on the license [who issued it] not later than the 30th |
|
day after the date the ceremony is conducted. |
|
SECTION 18. Section 2.207(a), Family Code, is amended to |
|
read as follows: |
|
(a) A person who is to conduct a marriage ceremony shall |
|
determine whether the license has expired from the date of |
|
certification of [county clerk's endorsement on] the license. |
|
SECTION 19. Section 2.209(b), Family Code, is amended to |
|
read as follows: |
|
(b) If a marriage license [issued by a county clerk] is |
|
lost, destroyed, or rendered useless, the clerk or applicable |
|
certifying official shall issue a duplicate license. |
|
SECTION 20. The heading to Subchapter G, Chapter 2, Family |
|
Code, is amended to read as follows: |
|
SUBCHAPTER G. FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING, |
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LICENSING, OR PERFORMING CERTAIN MARRIAGES |
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SECTION 21. Subchapter G, Chapter 2, Family Code, is |
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amended by adding Section 2.603 to read as follows: |
|
Sec. 2.603. REFUSAL BY COUNTY CLERK; DESIGNATION OF |
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CERTIFYING OFFICIAL. (a) If a county clerk has a sincerely held |
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religious belief that conflicts with the clerk's ability to fulfill |
|
the clerk's duties with regard to certifying an application for a |
|
marriage license, administering the oath for a marriage license, |
|
and issuing the license, the clerk shall notify the commissioners |
|
court of the county of that belief in writing. |
|
(b) A county clerk may not be required to certify an |
|
application for a marriage license, administer the oath, or issue |
|
the license if the clerk has made the notification under Subsection |
|
(a). |
|
(c) On receipt of a notification under Subsection (a), the |
|
commissioners court shall: |
|
(1) ensure that a deputy clerk or other certifying |
|
official is available in that county to certify an application for a |
|
marriage license, administer the oath, and issue the license; or |
|
(2) if there is an insufficient number of certifying |
|
officials willing or available in that county, provide for one or |
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more certifying officials under Section 81.035, Local Government |
|
Code. |
|
SECTION 22. Subchapter B, Chapter 81, Local Government |
|
Code, is amended by adding Section 81.035 to read as follows: |
|
Sec. 81.035. CERTIFYING OFFICIAL FOR APPLICATION FOR |
|
MARRIAGE LICENSE. On receipt of a notification under Section |
|
2.603, Family Code, a commissioners court shall designate one or |
|
more county employees or employ or contract with one or more |
|
individuals to certify applications for marriage licenses, |
|
administer oaths for a marriage license, and issue licenses as |
|
provided by Section 2.0002, Family Code. A certifying official |
|
designated, employed, or contracted with under this section is not |
|
required to be an employee of the county and is not required to be |
|
located in the county. |
|
SECTION 23. Sections 118.018(b-1) and (c), Local Government |
|
Code, are amended to read as follows: |
|
(b-1) The county clerk or certifying official shall issue a |
|
marriage license without collecting a 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 or certifying |
|
official a premarital education course completion certificate |
|
indicating completion of the premarital education course not more |
|
than one year before the date the marriage license application is |
|
filed with the clerk or certifying official. |
|
(c) A person applying for a marriage license may make a |
|
voluntary contribution of $5 to promote healthy early childhood by |
|
supporting the Texas Home Visiting Program administered by the |
|
Office of Early Childhood Coordination of the Health and Human |
|
Services Commission. A county clerk or certifying official shall |
|
collect the additional voluntary contribution under this section. |
|
SECTION 24. Section 118.022, Local Government Code, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) If a certifying official collects the fee for issuing |
|
a marriage license, the certifying official shall remit the fee to |
|
the county clerk of the county to which the marriage license was |
|
returned. The county clerk shall deposit the fee in the manner |
|
described by Subsection (a). |
|
SECTION 25. Sections 194.0011(a), (b), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) The executive commissioner by rule shall prescribe the |
|
format and content of the department form used for the marriage |
|
license application. The executive commissioner may not prescribe |
|
a form that requires a county clerk to personally certify the |
|
application, administer the oath for a marriage license, or issue |
|
the marriage license. The executive commissioner may prescribe a |
|
form that requires that a certifying official perform those |
|
functions as provided by Section 2.0002, Family Code. |
|
(b) The vital statistics unit shall print and distribute the |
|
department forms to each county clerk throughout the state. On |
|
request, the vital statistics unit shall provide the department |
|
forms to a certifying official. |
|
(d) A county clerk or certifying official may reproduce the |
|
department form locally. |
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SECTION 26. This Act takes effect September 1, 2017. |
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* * * * * |