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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance, enforcement, and recognition of marriage |
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licenses and declarations of informal marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Preservation of |
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Sovereignty and Marriage Act. |
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SECTION 2. The purpose of this Act is to affirm that the |
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definition and regulation of marriage is within the sole authority |
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and realm of the separate states and the people within those states. |
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SECTION 3. Subchapter B, Chapter 1, Family Code, is amended |
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by adding Section 1.109 to read as follows: |
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Sec. 1.109. CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF |
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INFORMAL MARRIAGE PROHIBITED. (a) This state or a political |
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subdivision of this state may not use any funds to issue, enforce, |
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or recognize a marriage license or declaration of informal marriage |
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for a union other than a union between one man and one woman. |
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(b) An employee or official of this state or a political |
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subdivision of this state may not issue, enforce, or recognize a |
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marriage license or declaration of informal marriage for a union |
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other than a union between one man and one woman. |
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(c) This state or a political subdivision of this state may |
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not use any funds to enforce an order requiring the issuance, |
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enforcement, or recognition of a marriage license or declaration of |
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informal marriage for a union other than a union between one man and |
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one woman. |
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SECTION 4. Section 194.001, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A county clerk may not file, and the vital statistics |
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unit may not enter into the vital statistics system, a document copy |
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described by Subsection (a) or (b) that is associated with a union |
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other than a union between one man and one woman. If the vital |
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statistics unit determines that the document copy is associated |
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with a union other than a union between one man and one woman, the |
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vital statistics unit shall provide the document copy to the |
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attorney general. |
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SECTION 5. Section 118.018, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) If a state agency determines that a marriage license fee |
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was collected for a marriage license that is associated with a union |
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other than a union between one man and one woman, the county clerk |
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shall remit $30 to the comptroller. The comptroller shall deposit |
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funds remitted under this subsection into the general revenue fund. |
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SECTION 6. Section 118.019, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The |
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fee for "Declaration of Informal Marriage" under Section 118.011 is |
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for all services rendered in connection with the execution of a |
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declaration of informal marriage under Section 2.402 [1.92], Family |
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Code. The fee shall be collected at the time the service is |
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rendered. |
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(b) If a state agency determines that a declaration of |
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informal marriage fee was collected for a declaration of informal |
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marriage that is associated with a union other than a union between |
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one man and one woman, the county clerk shall remit $12.50 to the |
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comptroller. The comptroller shall deposit funds remitted under |
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this subsection into the general revenue fund. |
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SECTION 7. Except as otherwise provided by this section, |
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Section 194.001(c), Health and Safety Code, and Sections 118.018(d) |
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and 118.019(b), Local Government Code, as added by this Act, apply |
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only to a marriage license issued or declaration of informal |
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marriage recorded on or after the effective date of this Act. If |
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this Act takes effect before June 1, 2015, Section 194.001(c), |
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Health and Safety Code, and Sections 118.018(d) and 118.019(b), |
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Local Government Code, as added by this Act, do not apply to a |
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marriage license issued or declaration of informal marriage |
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recorded before that date. |
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SECTION 8. 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. |