Bill Text: TX HB555 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to an additional fee for issuing a marriage license to applicants who are not residents of this state and the form of a marriage license and application for a marriage license.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2017-06-12 - Effective immediately [HB555 Detail]
Download: Texas-2017-HB555-Enrolled.html
| H.B. No. 555 | ||
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| relating to an additional fee for issuing a marriage license to | ||
| applicants who are not residents of this state and the form of a | ||
| marriage license and application for a marriage license. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2.009, Family Code, is amended by adding | ||
| Subsection (e) to read as follows: | ||
| (e) A license issued by a county clerk under this section: | ||
| (1) must identify the county in which the license is | ||
| issued; and | ||
| (2) may include the name of the county clerk. | ||
| SECTION 2. Section 194.0011(a), Health and Safety Code, is | ||
| 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 form must: | ||
| (1) require identification of the county in which the | ||
| application is submitted; and | ||
| (2) allow, but may not require, the name of the county | ||
| clerk to appear on the application. | ||
| SECTION 3. Section 118.011(b), Local Government Code, as | ||
| effective until September 1, 2019, is amended to read as follows: | ||
| (b) The county clerk may set and collect the following fee | ||
| from any person: | ||
| (1) Returned Check (Sec. 118.0215) . . . . . . not | ||
| less than $15 or more than $30 | ||
| (2) Records Management and Preservation Fee | ||
| (Sec. 118.0216) . . . . . . . . . . . . . . . . . . . not more | ||
| than $10 | ||
| (3) Mental Health Background Check for License to | ||
| Carry a Handgun (Sec. 118.0217) . . . . . not more than $2 | ||
| (4) Marriage License for Out-of-State Applicants | ||
| (Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100 | ||
| SECTION 4. Section 118.011(b), Local Government Code, as | ||
| effective September 1, 2019, is amended to read as follows: | ||
| (b) The county clerk may set and collect the following fee | ||
| from any person: | ||
| (1) Returned Check (Sec. 118.0215) . . . . . . not | ||
| less than $15 or more than $30 | ||
| (2) Records Management and Preservation Fee (Sec. | ||
| 118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more | ||
| than $5 | ||
| (3) Mental Health Background Check for License to | ||
| Carry a Handgun (Sec. 118.0217) . . . . . not more than $2 | ||
| (4) Marriage License for Out-of-State Applicants | ||
| (Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100 | ||
| SECTION 5. Section 118.018, Local Government Code, is | ||
| amended by amending Subsection (b-1) and adding Subsection (d) to | ||
| read as follows: | ||
| (b-1) The county clerk 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; [ |
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| (2) provides to the county clerk 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; and | ||
| (3) provides proof satisfactory to the county clerk | ||
| that the applicant is a resident of this state. | ||
| (d) If neither applicant for a marriage license provides | ||
| proof satisfactory to the county clerk that the applicant is a | ||
| resident of this state, the county clerk may collect an additional | ||
| fee of $100 for issuing the marriage license. | ||
| SECTION 6. The change in law made by this Act applies only | ||
| to a marriage license issued on or after January 1, 2019. A | ||
| marriage license issued before January 1, 2019, is governed by the | ||
| law in effect immediately before the effective date of this Act, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 7. 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, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 555 was passed by the House on May 4, | ||
| 2017, by the following vote: Yeas 136, Nays 7, 2 present, not | ||
| voting; that the House refused to concur in Senate amendments to | ||
| H.B. No. 555 on May 24, 2017, and requested the appointment of a | ||
| conference committee to consider the differences between the two | ||
| houses; and that the House adopted the conference committee report | ||
| on H.B. No. 555 on May 28, 2017, by the following vote: Yeas 123, | ||
| Nays 22, 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 555 was passed by the Senate, with | ||
| amendments, on May 22, 2017, by the following vote: Yeas 24, Nays | ||
| 7; at the request of the House, the Senate appointed a conference | ||
| committee to consider the differences between the two houses; and | ||
| that the Senate adopted the conference committee report on H.B. No. | ||
| 555 on May 28, 2017, by the following vote: Yeas 24, Nays 6. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
