Bill Text: TX HB1813 | 2017-2018 | 85th Legislature | Introduced

---

Bill Title: Relating to issuing a marriage license and conducting a marriage ceremony.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2017-05-03 - Left pending in committee [HB1813 Detail]

Download: Texas-2017-HB1813-Introduced.html

---

85R5470 JSC-D
By: Flynn H.B. No. 1813

A BILL TO BE ENTITLED
AN ACT
relating to issuing a marriage license and conducting a marriage
ceremony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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;
(2) submit the person's proof of identity and age as
provided by Section 2.005(b);
(3) provide the information applicable to that person
for which spaces are provided in the application for a marriage
license;
(4) mark the appropriate boxes provided in the
application; [and]
(5) take the oath printed on the application
administered by the county clerk or certifying official; and
(6) 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 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 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
before the clerk or certifying official; and
(3) have each applicant appearing before the clerk or
certifying official 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 in which the application was
submitted; 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 means to the
county clerk for recording.
(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 means. A certifying official described by this
subsection, on receipt of the application and supporting
documentation, 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) have each applicant sign the application;
(4) certify the application and include on the
application:
(A) the county from which the application was
submitted; 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 means to the
county clerk in the county from which the application was submitted
for recording.
(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 electronic 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 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 telephonically or electronically if the
certifying official is not in the county in which the application is
made.
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 in which
the license was [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,
LICENSING, OR PERFORMING CERTAIN MARRIAGES
SECTION 21. Subchapter G, Chapter 2, Family Code, is
amended by adding Section 2.603 to read as follows:
Sec. 2.603. REFUSAL BY COUNTY CLERK; DESIGNATION OF
CERTIFYING OFFICIAL. (a) If a county clerk has a sincerely held
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
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 in which the application for a
marriage license was submitted. 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.
SECTION 26. This Act takes effect September 1, 2017.