83R5838 KSD-D
 
  By: Burnam H.B. No. 1300
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing a marriage between two persons of the same
  sex in this state and repealing the statutory prohibition against
  the recognition of a civil union or similar relationship entered
  into in another state between two persons of the same sex.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2.001(a), Family Code, is amended to
  read as follows:
         (a)  A man and a woman, a man and a man, or a woman 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.
         SECTION 2.  Section 2.401(a), Family Code, is amended to
  read as follows:
         (a)  In a judicial, administrative, or other proceeding, the
  marriage of a man and woman, a man and a man, or a woman and a woman
  may be proved by evidence that:
               (1)  a declaration of their marriage has been signed as
  provided by this subchapter; or
               (2)  the man and woman, man and man, or woman and woman
  agreed to be married and after the agreement they lived together in
  this state as spouses [husband and wife] and there represented to
  others that they were married.
         SECTION 3.  Section 2.402(b), Family Code, is amended to
  read as follows:
         (b)  The declaration form must contain:
               (1)  a heading entitled "Declaration and Registration
  of Informal Marriage, ___________ County, Texas";
               (2)  spaces for each party's full name, including the
  [woman's] maiden surname for a woman, address, date of birth, place
  of birth, including city, county, and state, and social security
  number, if any;
               (3)  a space for indicating the type of document
  tendered by each party as proof of age and identity;
               (4)  printed boxes for each party to check "true" or
  "false" in response to the following statement:  "The other party
  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.";
               (5)  a printed declaration and oath reading:  "I
  SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
  EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE
  AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
  SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
  OTHERS THAT WE WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE
  OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS
  DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
  CORRECT.";
               (6)  spaces immediately below the printed declaration
  and oath for the parties' signatures; and
               (7)  a certificate of the county clerk that the parties
  made the declaration and oath and the place and date it was made.
         SECTION 4.  Section 3.401(5), Family Code, is amended to
  read as follows:
               (5)  "Spouse" means a party to a marriage [husband, who
  is a man, or a wife, who is a woman.   A member of a civil union or
  similar relationship entered into in another state between persons
  of the same sex is not a spouse].
         SECTION 5.  Section 6.202(b), Family Code, is amended to
  read as follows:
         (b)  The later marriage that is void under this section
  becomes valid when the prior marriage is dissolved if, after the
  date of the dissolution, the parties have lived together as spouses
  [husband and wife] and represented themselves to others as being
  married.
         SECTION 6.  Section 6.704, Family Code, is amended to read as
  follows:
         Sec. 6.704.  TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
  a suit for dissolution of a marriage, each spouse is a [the husband
  and wife are] competent witness [witnesses] for and against the
  [each] other spouse. A spouse may not be compelled to testify as to
  a matter that will incriminate the spouse.
         (b)  If a spouse [the husband or wife] testifies, the court
  or jury trying the case shall determine the credibility of the
  witness and the weight to be given the witness's testimony.
         SECTION 7.  The following laws are repealed:
               (1)  Section 2.001(b), Family Code;
               (2)  Section 6.204, Family Code; and
               (3)  Sections 810.001(g), (h), and (i), Government
  Code.
         SECTION 8.  This Act takes effect January 1, 2014, but only
  if the constitutional amendment proposed by the 83rd Legislature,
  Regular Session, 2013, repealing the constitutional provision
  providing that marriage in this state consists only of the union of
  one man and one woman and prohibiting this state or a political
  subdivision of this state from creating or recognizing any legal
  status identical or similar to marriage is approved by the voters.
  If that amendment is not approved by the voters, this Act has no
  effect.