S.B. No. 1836
 
 
 
 
AN ACT
  relating to the funding of the Texas Home Visiting Program;
  authorizing voluntary contributions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 2.004, Family Code, is
  amended to read as follows:
         (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 that:
                     (A)  each applicant made the oath and the date and
  place that 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; [and]
               (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 2.  Subchapter H, Chapter 531, Government Code, is
  amended by adding Section 531.287 to read as follows:
         Sec. 531.287.  TEXAS HOME VISITING PROGRAM TRUST FUND.
  (a)  The Texas Home Visiting Program trust fund is created as a
  trust fund outside the treasury with the comptroller and shall be
  administered by the office under this section and rules adopted by
  the executive commissioner. Credits of money in the fund are not
  state funds or subject to legislative appropriation.
         (b)  The trust fund consists of money from voluntary
  contributions under Section 191.0048, Health and Safety Code, and
  Section 118.018, Local Government Code.
         (c)  Money in the fund may be spent without appropriation by
  the office only for the purpose of the Texas Home Visiting Program
  administered by the commission.
         (d)  Interest and income from the assets of the trust fund
  shall be credited to and deposited in the trust fund.
         SECTION 3.  Subchapter A, Chapter 191, Health and Safety
  Code, is amended by adding Section 191.0048 to read as follows:
         Sec. 191.0048.  VOLUNTARY CONTRIBUTION TO TEXAS HOME
  VISITING PROGRAM. (a)  A person requesting a copy or certified
  copy of a birth, marriage, or divorce record 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.
         (b)  On each paper or electronic application form for a copy
  or certified copy of a birth, marriage, or divorce record, the
  bureau of vital statistics shall include a printed box for the
  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.
         (c)  Notwithstanding Section 191.0045, a local registrar or
  county clerk may collect the additional voluntary contribution
  under this section.
         (d)  Notwithstanding Section 191.005, the local registrar or
  county clerk who collects the voluntary contribution under this
  section shall send the voluntary contribution to the comptroller,
  who shall deposit the voluntary contribution in the Texas Home
  Visiting Program trust fund under Section 531.287, Government Code.
         SECTION 4.  Section 118.018, Local Government Code, is
  amended by adding Subsection (c) to read as follows:
         (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 shall collect the additional
  voluntary contribution under this section.
         SECTION 5.  Section 118.022, Local Government Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  If the county clerk collects a fee for issuing a
  marriage license, the county clerk shall deposit, as provided by
  Subchapter B, Chapter 133:
               (1)  $20 of each fee collected for issuing a marriage
  license or $12.50 of each fee for recording a declaration of
  informal marriage to be sent to the comptroller and deposited as
  provided by Subsection (b); [and]
               (2)  $10 of each fee collected for issuing a marriage
  license to be sent to the comptroller and deposited as provided by
  Subsection (c); and
               (3)  if applicable, the $5 voluntary contribution
  collected 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
  to be sent to the comptroller and deposited as provided by
  Subsection (d).
         (d)  The comptroller shall deposit the money received under
  Subsection (a)(3) in the Texas Home Visiting Program trust fund
  under Section 531.287, Government Code.
         SECTION 6.  The change in law made by this Act applies only
  to a person who applies for a marriage license or requests a copy or
  certified copy of a birth, marriage, or divorce record on or after
  January 1, 2014.
         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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1836 passed the Senate on
  May 2, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1836 passed the House on
  May 20, 2013, by the following vote:  Yeas 144, Nays 3, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor