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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding and issuing of marriage licenses and |
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certifications and the recognition of certain marriages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act may be cited as the Preservation of |
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Sovereignty and Marriage Act. |
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(b) The purpose of the Preservation of Sovereignty and |
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Marriage Act is to clarify that no state or local governmental |
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employee may be compelled to recognize a marriage or grant or |
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enforce a marriage license that violates a personal religious |
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belief. |
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SECTION 2. Subtitle A, Title 1, Family Code, is amended by |
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adding Chapter 1A to read as follows: |
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CHAPTER 1A. SECRETARY OF STATE |
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Sec. 1A.001. ISSUER OF MARRIAGE LICENSES. (a) The |
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secretary of state is the sole issuer of marriage licenses or |
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certificates or declarations of informal marriage in this state. |
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(b) The secretary of state shall perform the secretary's |
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duties under this chapter in compliance with Section 32, Article I, |
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Texas Constitution. |
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Sec. 1A.002. LOCAL AGREEMENTS FOR DELEGATION; RULES. (a) |
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The secretary of state may adopt rules for county clerks to issue |
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marriage licenses and certify declarations of informal marriage |
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under the supervision of the secretary of state. |
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(b) The secretary of state may withhold or withdraw |
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authorization for a county clerk to issue marriage licenses or |
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certify declarations of informal marriage if the clerk: |
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(1) violates this chapter, Chapter 2, or the rules of |
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the secretary of state; or |
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(2) issues a marriage license or certifies a |
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declaration of informal marriage inconsistent with the provisions |
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of Section 32, Article I, Texas Constitution. |
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SECTION 3. Chapter 2, Family Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. PUBLIC POLICY |
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Sec. 2.601. RECOGNITION AND FUNDING FOR CERTAIN VOIDABLE |
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MARRIAGES. (a) State or local funds may not be used for an activity |
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that includes the licensing, registering, certifying, or support of |
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a marriage not defined by Section 32, Article I, Texas |
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Constitution. |
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(b) A state or local governmental employee may not |
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recognize, grant, or enforce a marriage license or certification or |
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declaration of informal marriage, except a license or certification |
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for a marriage that conforms to Section 32, Article I, Texas |
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Constitution. |
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(c) State or local funds may not be used to enforce an order |
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requiring the issuance or recognition of a marriage license or |
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certification or declaration of informal marriage, except a |
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marriage license or certification or declaration of informal |
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marriage defined under Section 32, Article I, Texas Constitution. |
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SECTION 4. The severability provisions of Section 311.032, |
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Government Code, apply to this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |