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  By: Bell H.B. No. 4105
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the funding, issuing, and litigation of certain
  marriage licenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Preservation of
  Sovereignty and Marriage Act.
         SECTION 2.  Section 2.001, Family Code, is amended to read as
  follows:
         (c)  State or local funds may not be used for an activity that
  includes the licensing or support of a same-sex marriage.
         (d)  A state or local governmental employee may not
  recognize, grant, or enforce a same-sex marriage license.
         (e)  State or local funds may not be used to enforce an order
  requiring the issuance or recognition of a same-sex marriage
  license.
         
  SECTION 3.  Sec. 118.022, Local Government Code, is amended
  to read as follows:
         (a)  If the county clerk collects a fee for issuing a
  marriage license, the county clerk shall remit monthly to the
  Comptroller any amount collected for the application of a marriage
  license [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 shall be [to be sent to the comptroller and]
  deposited as provided by Subsection (b);
               (2)  $10 of each fee collected for issuing a marriage
  license shall be [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
  shall be [to be sent to the comptroller and] deposited as provided
  by Subsection (d).
         (b)  The comptroller shall deposit the money received under
  Subsection (a)(1) to the credit of the child abuse and neglect
  prevention trust fund account established under Section 40.105,
  Human Resources Code.
         (c)  The comptroller shall deposit the money received under
  Subsection (a)(2) to the credit of the family trust fund account
  established under Section 2.014, Family Code.
         (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.
         (e)  The Comptroller shall return any remaining fees
  collected in compliance with Family Code 2.001(b). Any fees that
  cannot be returned shall be deposited to General Revenue.
         SECTION 4.  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, 2015.