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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a marriage between two persons of the same |
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sex in this state and repealing the statutory prohibition against |
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the recognition of a civil union or similar relationship entered |
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into in another state between two persons of the same sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.001(a), Family Code, is amended to |
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read as follows: |
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(a) A man and a woman, a man and a man, or a woman and a woman |
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desiring to enter into a ceremonial marriage must obtain a marriage |
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license from the county clerk of any county of this state. |
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SECTION 2. Section 2.401(a), Family Code, is amended to |
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read as follows: |
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(a) In a judicial, administrative, or other proceeding, the |
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marriage of a man and woman, a man and man, or a woman and woman may |
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be proved by evidence that: |
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(1) a declaration of their marriage has been signed as |
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provided by this subchapter; or |
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(2) the man and woman, man and man, or woman and woman |
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agreed to be married and after the agreement they lived together in |
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this state as spouses [husband and wife] and there represented to |
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others that they were married. |
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SECTION 3. Section 2.402(b), Family Code, is amended to |
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read as follows: |
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(b) The declaration form must contain: |
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(1) a heading entitled "Declaration and Registration |
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of Informal Marriage, ___________ County, Texas"; |
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(2) spaces for each party's full name, including the |
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[woman's] maiden surname for a woman, address, date of birth, place |
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of birth, including city, county, and state, and social security |
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number, if any; |
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(3) a space for indicating the type of document |
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tendered by each party as proof of age and identity; |
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(4) printed boxes for each party to check "true" or |
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"false" in response to the following statement: "The other party |
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is not related to me as: |
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(A) an ancestor or descendant, by blood or |
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adoption; |
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(B) a brother or sister, of the whole or half |
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blood or by adoption; |
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(C) a parent's brother or sister, of the whole or |
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half blood or by adoption; |
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(D) a son or daughter of a brother or sister, of |
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the whole or half blood or by adoption; |
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(E) a current or former stepchild or stepparent; |
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or |
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(F) a son or daughter of a parent's brother or |
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sister, of the whole or half blood or by adoption."; |
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(5) a printed declaration and oath reading: "I |
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SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO |
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EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE |
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AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS |
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SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO |
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OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE |
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OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS |
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DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS |
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CORRECT."; |
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(6) spaces immediately below the printed declaration |
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and oath for the parties' signatures; and |
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(7) a certificate of the county clerk that the parties |
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made the declaration and oath and the place and date it was made. |
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SECTION 4. Section 3.401(5), Family Code, is amended to |
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read as follows: |
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(5) "Spouse" means a party to a marriage [husband, who
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is a man, or a wife, who is a woman.
A member of a civil union or
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similar relationship entered into in another state between persons
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of the same sex is not a spouse]. |
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SECTION 5. Section 6.202(b), Family Code, is amended to |
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read as follows: |
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(b) The later marriage that is void under this section |
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becomes valid when the prior marriage is dissolved if, after the |
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date of the dissolution, the parties have lived together as spouses |
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[husband and wife] and represented themselves to others as being |
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married. |
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SECTION 6. Section 6.704, Family Code, is amended to read as |
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follows: |
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Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In |
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a suit for dissolution of a marriage, each spouse is a [the husband
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and wife are] competent witness [witnesses] for and against the |
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[each] other spouse. A spouse may not be compelled to testify as to |
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a matter that will incriminate the spouse. |
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(b) If a spouse [the husband or wife] testifies, the court |
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or jury trying the case shall determine the credibility of the |
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witness and the weight to be given the witness's testimony. |
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SECTION 7. The following laws are repealed: |
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(1) Section 2.001(b), Family Code; |
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(2) Section 6.204, Family Code; and |
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(3) Sections 810.001(g), (h), and (i), Government |
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Code. |
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SECTION 8. This Act takes effect January 1, 2016, but only |
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if the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, repealing the constitutional provision |
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providing that marriage in this state consists only of the union of |
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one man and one woman and prohibiting this state or a political |
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subdivision of this state from creating or recognizing any legal |
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status identical or similar to marriage is approved by the voters. |
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If that amendment is not approved by the voters, this Act has no |
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effect. |