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  84R82 EES-D
 
  By: White of Tyler H.B. No. 547
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and dissolution of a covenant marriage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 2, Family Code, is amended
  by adding Section 2.0041 to read as follows:
         Sec. 2.0041.  AFFIDAVIT OF INTENT TO ENTER INTO A COVENANT
  MARRIAGE. (a) This section applies only to a county:
               (1)  with a population of not less than 54,000 or more
  than 56,000 and in which more than 250 divorces are granted each
  year; or
               (2)  in which the commissioners court has adopted an
  order authorizing persons to enter into covenant marriages.
         (b)  Notwithstanding Subsection (a), a county described by
  Subsection (a)(1) continues to be subject to this section after the
  initial year of applicability regardless of whether the county
  continues to be described by that subsection. A commissioners
  court may not revoke an order described by Subsection (a)(2).
         (c)  The applicants for a marriage license in a county to
  which this section applies may enter into a covenant marriage by
  submitting with the application for the license a signed and
  notarized affidavit of intent to enter into a covenant marriage. 
         (d)  The affidavit of intent to enter into a covenant
  marriage must contain the following statement:
         "We do solemnly declare that marriage is a covenant between a
  man and a woman who agree to live together as husband and wife for so
  long as they both may live. We understand the nature, purpose, and
  responsibilities of marriage and have received counseling on the
  obligations of a covenant marriage. We have read the pamphlet on
  covenant marriage and understand that a covenant marriage is for
  life. We understand that we can get divorced or separated only for a
  reason stated in the pamphlet on covenant marriage. If we
  experience marital difficulties, we commit ourselves to take all
  reasonable efforts to preserve our marriage, including marital
  counseling.
         With full knowledge of what this commitment means, we declare
  our intent to enter into a covenant marriage that will be bound by
  Texas law on covenant marriage and we promise to love, honor, and
  care for one another as husband and wife for the rest of our lives."
         SECTION 2.  Section 2.009, Family Code, is amended by adding
  Subsection (e) to read as follows:
         (e)  The county clerk shall indicate on the marriage license
  whether the license is for a covenant marriage.
         SECTION 3.  Chapter 2, Family Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G. COVENANT MARRIAGE
         Sec. 2.601.  DESIGNATING EXISTING MARRIAGE AS COVENANT
  MARRIAGE.  (a) In a county to which Section 2.0041 applies, a
  married couple residing in the county may designate their marriage
  as a covenant marriage by filing with the county clerk:
               (1)  a signed and notarized affidavit of intent to
  designate a marriage as a covenant marriage; and
               (2)  a copy of the couple's marriage license.
         (b)  The affidavit of intent to designate a marriage as a
  covenant marriage must contain the following statement:
         "We do solemnly declare that marriage is a covenant between a
  man and a woman who agree to live together as husband and wife for so
  long as they both may live. We understand the nature, purpose, and
  responsibilities of marriage and have received counseling on the
  obligations of a covenant marriage. We have read the pamphlet on
  covenant marriage and understand that a covenant marriage is for
  life. We understand that we can get divorced or separated only for a
  reason stated in the pamphlet on covenant marriage. If we
  experience marital difficulties, we commit ourselves to take all
  reasonable efforts to preserve our marriage, including marital
  counseling.
         With full knowledge of what this commitment means, we declare
  that our marriage will be bound by Texas law on covenant marriage
  and we renew our promise to love, honor, and care for one another as
  husband and wife for the rest of our lives."
         (c)  On receipt of the affidavit and marriage license under
  Subsection (a), the county clerk shall:
               (1)  designate on the marriage license that the
  marriage is a covenant marriage; and
               (2)  attach a copy of the affidavit to the marriage
  license.
         (d)  A marriage becomes a covenant marriage when a couple
  files the affidavit of intent to designate a marriage as a covenant
  marriage with the county clerk.
         Sec. 2.602.  COUNSELING REQUIREMENT.  (a) Before a couple
  may enter into a covenant marriage or designate a marriage as a
  covenant marriage, the couple must complete at least eight hours of
  premarital counseling from a person legally authorized to engage in
  marriage counseling.  The counselor must use a science-based
  counseling program.
         (b)  The counselor shall:
               (1)  ensure that the couple discusses important
  personal issues, including financial issues and conflict
  resolution;
               (2)  discuss the seriousness of a covenant marriage;
               (3)  inform the couple that a covenant marriage is a
  commitment for life; and
               (4)  inform the couple of the obligation to seek
  marital counseling in times of marital difficulties.
         (c)  The counselor may discuss any other topic the counselor
  considers important to the couple's understanding of the marital
  commitment.
         Sec. 2.603.  PAMPHLET ON COVENANT MARRIAGE.  (a) The
  attorney general shall select a not-for-profit organization to
  prepare and publish a pamphlet consistent with the requirements of
  this subchapter providing a full explanation of the terms and
  conditions of a covenant marriage. To be eligible for selection, an
  organization must agree to prepare and publish the pamphlet
  completely at the expense of the organization.  The pamphlet must
  list the grounds for dissolution of a covenant marriage under
  Section 6.903 and the grounds for legal separation under Section
  6.905.  The attorney general shall prepare and publish the pamphlet
  if a not-for-profit organization is not available.
         (b)  The attorney general shall provide the pamphlet to the
  county clerks in counties in which a couple may enter into or
  designate their marriage as a covenant marriage. A county clerk
  shall provide the pamphlet to each person applying for a license for
  a covenant marriage or seeking to designate an existing marriage as
  a covenant marriage.
         Sec. 2.604.  MATERIAL FOR COUNTY CLERK.  The attorney
  general shall develop material to educate county clerks in affected
  counties about the requirements for issuing a covenant marriage
  license and the differences between a covenant marriage and a
  noncovenant marriage.
         SECTION 4.  Subchapter A, Chapter 6, Family Code, is amended
  by adding Section 6.009 to read as follows:
         Sec. 6.009.  APPLICATION TO COVENANT MARRIAGE.  Except as
  provided by Section 6.904, this subchapter does not apply to a
  covenant marriage.
         SECTION 5.  Chapter 6, Family Code, is amended by adding
  Subchapter K to read as follows:
  SUBCHAPTER K. DISSOLUTION OF COVENANT MARRIAGE AND LEGAL
  SEPARATION
         Sec. 6.901.  DISSOLUTION OR LEGAL SEPARATION.  (a) A spouse
  in a covenant marriage who meets the requirements of this
  subchapter may file a suit for:
               (1)  dissolution of the covenant marriage; or
               (2)  legal separation.
         (b)  The procedures in this chapter for a suit for
  dissolution of a marriage apply to a suit for dissolution of a
  covenant marriage or for legal separation of a covenant marriage.
         Sec. 6.902.  COUNSELING REQUIREMENT BEFORE DISSOLUTION.  (a)  
  Except as provided by Section 6.903 or 6.904, a spouse in a covenant
  marriage may not obtain a divorce unless the parties to the marriage
  have received counseling from a licensed marriage and family
  therapist or other licensed mental health professional described by
  Subsection (b) in an attempt to reconcile the marriage. The couple
  must participate in the counseling until the counselor or both
  spouses determine that the marriage is not salvageable.
         (b)  A licensed mental health professional may perform the
  counseling required by this section if the license holder has
  completed at least six hours of continuing education in subjects
  related to counseling married couples during each licensing period.
         Sec. 6.903.  GROUNDS FOR DISSOLUTION OF COVENANT MARRIAGE.  
  (a) The court may grant a divorce in a covenant marriage if:
               (1)  the other spouse has committed adultery;
               (2)  the other spouse has:
                     (A)  been convicted of a felony;
                     (B)  been imprisoned for at least one year in a
  state penitentiary, a federal penitentiary, or a penitentiary of
  another state; and
                     (C)  not been pardoned;
               (3)  the other spouse:
                     (A)  left the complaining spouse with the
  intention of abandonment; and
                     (B)  remained away from the complaining spouse for
  at least two years;
               (4)  the spouses have lived apart without cohabitation
  for at least three years;
               (5)  an order of legal separation has been issued to one
  of the spouses under Section 6.905 and the spouses have lived apart
  without reconciliation for at least:
                     (A)  two years after the date a separation order
  is rendered if there are no minor children from the marriage; or
                     (B)  two years and six months after the date a
  separation order is rendered if there is a minor child from the
  marriage; or
               (6)  the spouses have completed the counseling required
  by Section 6.902 and:
                     (A)  the spouses agree to dissolve the marriage;
  or
                     (B)  the counselor determines that, in the
  counselor's professional opinion, it is in the best interest of
  both spouses to dissolve the marriage.
         (b)  The court may not grant a divorce under Subsection
  (a)(2) if the spouse who was convicted of a felony was convicted
  solely on the testimony of the other spouse.
         Sec. 6.904.  DISSOLUTION OF MARRIAGE:  FAMILY VIOLENCE.  A
  spouse who files with the petition in a suit for dissolution of a
  covenant marriage an affidavit stating that the other spouse
  committed family violence, as defined by Section 71.004, against
  the spouse may file the suit under Subchapter A.
         Sec. 6.905.  LEGAL SEPARATION.  (a)  A spouse in a covenant
  marriage may file a suit to obtain from the court an order of legal
  separation if:
               (1)  the other spouse has committed adultery;
               (2)  the other spouse has:
                     (A)  been convicted of a felony;
                     (B)  been imprisoned for at least one year in a
  state penitentiary, a federal penitentiary, or a penitentiary of
  another state; and
                     (C)  not been pardoned;
               (3)  the other spouse:
                     (A)  left the complaining spouse with the
  intention of abandonment; and
                     (B)  remained away from the complaining spouse for
  at least one year;
               (4)  the other spouse committed family violence as
  defined by Section 71.004 and the spouse reported the family
  violence to a law enforcement agency and has filed for a protective
  order;
               (5)  the spouses have lived apart without cohabitation
  for at least three years; or
               (6)  the other spouse habitually abuses illegal drugs
  or alcohol.
         (b)  The court may not render an order of legal separation
  under Subsection (a)(2) if the spouse who was convicted of a felony
  was convicted solely on the testimony of the other spouse.
         SECTION 6.  Subchapter B, Chapter 8, Family Code, is amended
  by adding Section 8.0511 to read as follows:
         Sec. 8.0511.  TEMPORARY MAINTENANCE IN CERTAIN PROCEEDINGS
  INVOLVING COVENANT MARRIAGE.  Notwithstanding any other provision
  of this subchapter, the court shall render a temporary order for
  maintenance in favor of a spouse who files for:
               (1)  legal separation of a covenant marriage based on
  abandonment under Section 6.905(a)(3); or
               (2)  dissolution of a covenant marriage.
         SECTION 7.  Section 194.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 194.001.  REPORT OF MARRIAGE. (a) The county clerk
  shall file with the bureau of vital statistics a copy of each
  completed marriage license application and a copy of any affidavit
  of an absent applicant or affidavit of intent to enter into a
  covenant marriage submitted with an application. The clerk shall
  file the copies not later than the 90th day after the date of the
  application.  The clerk may not collect a fee for filing the
  copies.
         (b)  The county clerk shall file with the bureau of vital
  statistics a copy of each declaration of informal marriage executed
  under Section 2.402 [1.92], Family Code. The clerk shall file the
  copy not later than the 90th day after the date on which the
  declaration is executed.
         (c)  The county clerk shall file with the bureau of vital
  statistics a copy of each affidavit of intent to designate a
  marriage as a covenant marriage executed under Section 2.601,
  Family Code. The clerk shall file the copy not later than the 90th
  day after the date on which the affidavit is executed.
         SECTION 8.  Section 194.0011, Health and Safety Code, is
  amended to read as follows:
         Sec. 194.0011.  MARRIAGE LICENSE APPLICATIONS; DESIGNATING
  MARRIAGE AS COVENANT MARRIAGE.  (a)  The executive commissioner of
  the Health and Human Services Commission [board] by rule shall
  prescribe the format and content of the:
               (1)  form used for the marriage license application;
               (2)  affidavit of intent to enter into a covenant
  marriage; and
               (3)  affidavit of intent to designate a marriage as a
  covenant marriage.
         (b)  The bureau of vital statistics shall print and
  distribute the marriage license application form [forms] to each
  county clerk throughout the state and the affidavits to the county
  clerks in counties in which a couple may enter into or designate
  their marriage as a covenant marriage.
         (c)  The form and affidavits adopted by the executive
  commissioner [board] shall replace locally adopted forms and
  affidavits.
         (d)  A county clerk may reproduce the executive
  commissioner's [board's] form and affidavits locally.
         SECTION 9.  Section 118.011, Local Government Code, is
  amended by amending Subsection (a) and adding Subsection (g) to
  read as follows:
         (a)  A county clerk shall collect the following fees for
  services rendered to any person:
               (1)  Personal Property Records Filing (Sec. 118.012):
                     for the first page $ 5.00
                     for each additional page or part of a page on which
  there are visible marks of any kind $ 4.00
               (2)  Real Property Records Filing (Sec. 118.013):
                     for the first page $ 5.00
                     for each additional page or part of a page on which
  there are visible marks of any kind $ 4.00
                     for all or part of each 8-1/2" X 14" attachment
  or rider $ 4.00
                     for each name in excess of five names that has to
  be indexed in all records in which the document must be
  indexed $ 0.25
               (3)  Certified Papers (Sec. 118.014):
                     for the clerk's certificate $ 5.00
                     plus   a   fee    for    each    page    or  part   of a
  page $ 1.00
               (4)  Noncertified Papers (Sec. 118.0145):
                     for each page or part of a page $ 1.00
               (5)  Birth or Death Certificate (Sec.
  118.015) same as state registrar
               (6)  Bond Approval (Sec. 118.016) $ 3.00
               (7)  Noncovenant          Marriage License
  (Sec. 118.018) $60.00
               (8)  Declaration of Informal Marriage (Sec.
  118.019) $25.00
               (9)  Brand Registration (Sec. 118.020)$ 5.00
               (10)  Oath Administration (Sec. 118.021)$ 1.00
         (g)  A county clerk may not charge a fee for issuing a
  covenant marriage license or designating on a marriage license that
  the marriage is a covenant marriage.
         SECTION 10.  The heading to Section 118.018, Local
  Government Code, is amended to read as follows:
         Sec. 118.018.  NONCOVENANT MARRIAGE LICENSE.
         SECTION 11.  Sections 118.018(a) and (b-1), Local Government
  Code, are amended to read as follows:
         (a)  The fee for a "Noncovenant Marriage License" under
  Section 118.011 is for issuing a noncovenant marriage license. The
  fee must be paid at the time the license is issued, except as
  provided by Subsection (b-1).
         (b-1)  The county clerk shall issue a noncovenant marriage
  license without collecting a noncovenant marriage license fee from
  an applicant who:
               (1)  completes a premarital education course described
  by Section 2.013, Family Code; and
               (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 noncovenant marriage license application is filed with the
  clerk.
         SECTION 12.  This Act takes effect September 1, 2015.