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A BILL TO BE ENTITLED
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AN ACT
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relating to premarital education requirements for certain |
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applicants for a marriage license; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2.004(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) The application form must contain: |
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(1) a heading entitled "Application for Marriage |
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License, ____________ County, Texas"; |
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(2) spaces for each applicant's full name, including |
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the woman's maiden surname, address, social security number, if |
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any, date of birth, and place of birth, including city, county, and |
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state; |
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(3) a space for indicating the document tendered by |
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each applicant as proof of identity and age; |
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(4) spaces for indicating whether each applicant has |
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been divorced within the last 30 days; |
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(4-a) a space for indicating whether the applicants |
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are required to have completed a premarital education course under |
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Section 2.013(a-1); |
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(5) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "I am not |
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presently married and the other applicant is not presently |
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married."; |
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(6) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "The other |
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applicant 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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(7) printed boxes for each applicant to check "true" |
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or "false" in response to the following statement: "I am not |
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presently delinquent in the payment of court-ordered child |
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support."; |
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(8) a printed oath reading: "I SOLEMNLY SWEAR (OR |
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AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS |
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CORRECT."; |
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(9) spaces immediately below the printed oath for the |
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applicants' signatures; |
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(10) a certificate of the county clerk that: |
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(A) each applicant made the oath and the date and |
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place that it was made; or |
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(B) an applicant did not appear personally but |
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the prerequisites for the license have been fulfilled as provided |
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by this chapter; |
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(11) spaces for indicating the date of the marriage |
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and the county in which the marriage is performed; and |
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(12) a space for the address to which the applicants |
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desire the completed license to be mailed. |
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(c) An applicant commits an offense if the applicant |
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knowingly provides false information under Subsection (b)(1), (2), |
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(3), [or] (4), or (4-a). An offense under this subsection is a |
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Class C misdemeanor. |
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SECTION 2. Section 2.009(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (d), the |
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county clerk may not issue a license if either applicant: |
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(1) fails to provide the information required by this |
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subchapter; |
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(2) fails to submit proof of age and identity; |
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(3) is under 16 years of age and has not been granted a |
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court order as provided by Section 2.103; |
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(4) is 16 years of age or older but under 18 years of |
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age and has not presented at least one of the following: |
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(A) parental consent as provided by Section |
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2.102; |
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(B) documents establishing that a prior marriage |
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of the applicant has been dissolved; or |
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(C) a court order as provided by Section 2.103; |
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(5) checks "false" in response to a statement in the |
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application, except as provided by Subsection (b) or (d), or fails |
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to make a required declaration in an affidavit required of an absent |
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applicant; [or] |
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(6) indicates that the applicant has been divorced |
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within the last 30 days, unless: |
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(A) the applicants were divorced from each other; |
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or |
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(B) the prohibition against remarriage is waived |
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as provided by Section 6.802; or |
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(7) indicates that the applicants are required to have |
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completed a premarital education course under Section 2.013(a-1) |
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and fails to submit a certificate provided under Section 2.013(f) |
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that demonstrates completion of a course of the required number of |
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hours during the required period. |
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SECTION 3. Section 2.013, Family Code, is amended by |
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amending Subsections (a) and (f) and adding Subsection (a-1) to |
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read as follows: |
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(a) Each person, other than a person subject to Subsection |
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(a-1), applying for a marriage license is encouraged to attend a |
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premarital education course of at least eight hours during the |
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year preceding the date of the application for the license. |
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(a-1) Each person applying for a marriage license is |
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required to attend a premarital education course of at least 10 |
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hours during the year preceding the date of the application for the |
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license if: |
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(1) either applicant for the license has been |
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divorced; and |
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(2) either applicant for the license is the parent of a |
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child under 18 years of age who: |
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(A) is not and has not been married; and |
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(B) has not had the disabilities of minority |
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removed for general purposes. |
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(f) A person who provides a premarital education course |
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shall provide a signed and dated completion certificate to each |
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individual who completes the course. The certificate must include |
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the name and number of hours of the course, the name of the course |
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provider, and the completion date. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for a marriage license submitted to a county clerk on |
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or after the effective date of this Act. An application for a |
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marriage license submitted before the effective date of this Act is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |