Bryant bill updating laws for same-sex marriage

The text as introduced · 4,328 words

89R6138 MLH-D

By: Bryant
H.B. No. 2758

A BILL TO BE ENTITLED

AN ACT

relating to certain statutory changes to reflect and address

same-sex marriages and parenting relationships and to the removal

of provisions regarding the criminality or unacceptability of

homosexual conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. FAMILY CODE PROVISIONS

SECTION 1.01. Subchapter A, Chapter 1, Family Code, is

amended by adding Section 1.0015 to read as follows:

Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.

When necessary to implement the rights and duties of spouses or

parents in a marriage between persons of the same sex under the laws

of this state, gender-specific terminology must be construed in a

neutral manner to refer to a person of either gender.

SECTION 1.02. Section 2.001(a), Family Code, is amended to

read as follows:

(a) Two individuals [ A man 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 1.03. Section 2.004(b), 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 of an applicant intending to change

the applicant's surname as a result of the marriage , 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;

(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 1.04. Section 2.401(a), Family Code, is amended to

read as follows:

(a) In a judicial, administrative, or other proceeding, the

marriage of two individuals [ a man and woman ] may be proved by

evidence that:

(1) a declaration of their marriage has been signed as

provided by this subchapter; or

(2) the individuals [ man 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 1.05. 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 of a party intending to change the party's

surname as a result of the marriage , 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 1.06. Section 3.401, Family Code, is amended by

adding Subdivision (1-a) and amending Subdivisions (4) and (5) to

read as follows:

(1-a) "Civil union" means any relationship status

other than marriage that:

(A) is intended as an alternative to marriage or

applies primarily to cohabitating persons; and

(B) grants to the parties of the relationship

legal protections, benefits, or responsibilities granted to the

spouses of a marriage.

(4) "Marital estate" means one of three estates:

(A) the community property owned by the spouses

together and referred to as the community marital estate; or

(B) the separate property owned individually by

each spouse [ the husband ] and referred to as a separate marital

estate[ ; or

[ (C) the separate property owned individually by

the wife, also referred to as a separate marital estate ].

(5) "Spouse" means one of the two individuals who are

the parties to:

(A) a marriage; or

(B) [ a 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 1.07. Section 6.104(b), Family Code, is amended to

read as follows:

(b) In exercising its discretion, the court shall consider

the pertinent facts concerning the welfare of the parties to the

marriage, including whether a spouse [ the female ] is pregnant.

SECTION 1.08. 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 1.09. Section 6.203, Family Code, is amended to

read as follows:

Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a

marriage that would have been void under Section 6.201, a marriage

that was entered into before January 1, 1970, in violation of the

prohibitions of Article 496, Penal Code of Texas, 1925, is

validated from the date the marriage commenced if the parties

continued until January 1, 1970, to live together as spouses

[ husband and wife ] and to represent themselves to others as being

married.

SECTION 1.10. 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 1.11. Chapter 51, Family Code, is amended by adding

Section 51.015 to read as follows:

Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.

When necessary to implement the rights and duties of spouses or

parents in a marriage between persons of the same sex under the laws

of this state, gender-specific terminology must be construed in a

neutral manner to refer to a person of either gender.

SECTION 1.12. Chapter 101, Family Code, is amended by

adding Section 101.0012 to read as follows:

Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC

TERMINOLOGY. When necessary to implement the rights and duties of

spouses or parents in a marriage between persons of the same sex

under the laws of this state, gender-specific terminology must be

construed in a neutral manner to refer to a person of either gender.

SECTION 1.13. Section 101.024(a), Family Code, is amended

to read as follows:

(a) "Parent" means the mother, a man presumed to be the

father, an individual [ a man ] legally determined to be a parent [ the

father ], an individual [ a man ] who has been adjudicated to be a

parent [ the father ] by a court of competent jurisdiction, a man who

has acknowledged his parentage [ paternity ] under applicable law, or

an adoptive mother or father. Except as provided by Subsection (b),

the term does not include a parent as to whom the parent-child

relationship has been terminated.

SECTION 1.14. Section 108.009(b), Family Code, is amended

to read as follows:

(b) The new certificate may not show that a parent-child

[ the father and child ] relationship was established after the

child's birth but may show the child's actual place and date of

birth.

SECTION 1.15. Section 152.310(d), Family Code, is amended

to read as follows:

(d) A privilege against disclosure of communications

between spouses and a defense of immunity based on the relationship

of spouses [ husband and wife ] or parent and child may not be invoked

in a proceeding under this subchapter.

SECTION 1.16. Section 153.312(b), Family Code, is amended

to read as follows:

(b) The following provisions govern possession of the child

for vacations and certain specific holidays and supersede

conflicting weekend or Thursday periods of possession. The

possessory conservator and the managing conservator shall have

rights of possession of the child as follows:

(1) the possessory conservator shall have possession

in even-numbered years, beginning at 6 p.m. on the day the child is

dismissed from school for the school's spring vacation and ending

at 6 p.m. on the day before school resumes after that vacation, and

the managing conservator shall have possession for the same period

in odd-numbered years;

(2) if a possessory conservator:

(A) gives the managing conservator written

notice by April 1 of each year specifying an extended period or

periods of summer possession, the possessory conservator shall have

possession of the child for 30 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day; or

(B) does not give the managing conservator

written notice by April 1 of each year specifying an extended period

or periods of summer possession, the possessory conservator shall

have possession of the child for 30 consecutive days beginning at 6

p.m. on July 1 and ending at 6 p.m. on July 31;

(3) if the managing conservator gives the possessory

conservator written notice by April 15 of each year, the managing

conservator shall have possession of the child on any one weekend

beginning Friday at 6 p.m. and ending at 6 p.m. on the following

Sunday during one period of possession by the possessory

conservator under Subdivision (2), provided that the managing

conservator picks up the child from the possessory conservator and

returns the child to that same place; and

(4) if the managing conservator gives the possessory

conservator written notice by April 15 of each year or gives the

possessory conservator 14 days' written notice on or after April 16

of each year, the managing conservator may designate one weekend

beginning not earlier than the day after the child's school is

dismissed for the summer vacation and ending not later than seven

days before school resumes at the end of the summer vacation, during

which an otherwise scheduled weekend period of possession by the

possessory conservator will not take place, provided that the

weekend designated does not interfere with the possessory

conservator's period or periods of extended summer possession or

with Father's Day if the possessory conservator is a [ the ] father of

the child who is entitled to possession of the child for Father's

Day weekend that year .

SECTION 1.17. Sections 153.313 and 153.314, Family Code,

are amended to read as follows:

Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If

the possessory conservator resides more than 100 miles from the

residence of the child, the possessory conservator shall have the

right to possession of the child as follows:

(1) either regular weekend possession beginning on the

first, third, and fifth Friday as provided under the terms

applicable to parents who reside 100 miles or less apart or not more

than one weekend per month of the possessory conservator's choice

beginning at 6 p.m. on the day school recesses for the weekend and

ending at 6 p.m. on the day before school resumes after the weekend,

provided that the possessory conservator gives the managing

conservator 14 days' written or telephonic notice preceding a

designated weekend, and provided that the possessory conservator

elects an option for this alternative period of possession by

written notice given to the managing conservator within 90 days

after the parties begin to reside more than 100 miles apart, as

applicable;

(2) each year beginning at 6 p.m. on the day the child

is dismissed from school for the school's spring vacation and

ending at 6 p.m. on the day before school resumes after that

vacation;

(3) if the possessory conservator:

(A) gives the managing conservator written

notice by April 1 of each year specifying an extended period or

periods of summer possession, the possessory conservator shall have

possession of the child for 42 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day; or

(B) does not give the managing conservator

written notice by April 1 of each year specifying an extended period

or periods of summer possession, the possessory conservator shall

have possession of the child for 42 consecutive days beginning at 6

p.m. on June 15 and ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory

conservator written notice by April 15 of each year the managing

conservator shall have possession of the child on one weekend

beginning Friday at 6 p.m. and ending at 6 p.m. on the following

Sunday during one period of possession by the possessory

conservator under Subdivision (3), provided that if a period of

possession by the possessory conservator exceeds 30 days, the

managing conservator may have possession of the child under the

terms of this subdivision on two nonconsecutive weekends during

that time period, and further provided that the managing

conservator picks up the child from the possessory conservator and

returns the child to that same place; and

(5) if the managing conservator gives the possessory

conservator written notice by April 15 of each year, the managing

conservator may designate 21 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day, during which the possessory conservator may not

have possession of the child, provided that the period or periods so

designated do not interfere with the possessory conservator's

period or periods of extended summer possession or with Father's

Day if the possessory conservator is a [ the ] father of the child who

is entitled to possession of the child for Father's Day weekend that

year .

Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE

PARENTS RESIDE APART. The following provisions govern possession

of the child for certain specific holidays and supersede

conflicting weekend or Thursday periods of possession without

regard to the distance the parents reside apart. The possessory

conservator and the managing conservator shall have rights of

possession of the child as follows:

(1) the possessory conservator shall have possession

of the child in even-numbered years beginning at 6 p.m. on the day

the child is dismissed from school for the Christmas school

vacation and ending at noon on December 28, and the managing

conservator shall have possession for the same period in

odd-numbered years;

(2) the possessory conservator shall have possession

of the child in odd-numbered years beginning at noon on December 28

and ending at 6 p.m. on the day before school resumes after that

vacation, and the managing conservator shall have possession for

the same period in even-numbered years;

(3) the possessory conservator shall have possession

of the child in odd-numbered years, beginning at 6 p.m. on the day

the child is dismissed from school before Thanksgiving and ending

at 6 p.m. on the following Sunday, and the managing conservator

shall have possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this

standard possession order to present possession of a child on the

child's birthday shall have possession of the child beginning at 6

p.m. and ending at 8 p.m. on that day, provided that the parent

picks up the child from the residence of the conservator entitled to

possession and returns the child to that same place;

(5) if a conservator, the father shall have possession

of the child beginning at 6 p.m. on the Friday preceding Father's

Day and ending on Father's Day at 6 p.m., provided that, if he is not

otherwise entitled under this standard possession order to present

possession of the child, he picks up the child from the residence of

the conservator entitled to possession and returns the child to

that same place , except that if the child has two fathers appointed

as conservators, the managing conservator shall have possession of

the child for the period described by this subdivision in

even-numbered years and the possessory conservator shall have

possession of the child for that period in odd-numbered years ; and

(6) if a conservator, the mother shall have possession

of the child beginning at 6 p.m. on the Friday preceding Mother's

Day and ending on Mother's Day at 6 p.m., provided that, if she is

not otherwise entitled under this standard possession order to

present possession of the child, she picks up the child from the

residence of the conservator entitled to possession and returns the

child to that same place , except that if the child has two mothers

appointed as conservators, the managing conservator shall have

possession of the child for the period described by this

subdivision in even-numbered years and the possessory conservator

shall have possession of the child for that period in odd-numbered

years .

SECTION 1.18. The following provisions of the Family Code

are repealed:

(1) Section 2.001(b); and

(2) Section 6.204.

SECTION 1.19. The change in law made by this article to

Section 108.009(b), Family Code, applies only to a new birth

certificate for a child born on or after the effective date of this

Act. A new birth certificate for a child born before that date is

governed by the law in effect on the date the child was born, and the

former law is continued in effect for that purpose.

SECTION 1.20. The changes in law made by this article to

Sections 153.312(b), 153.313, and 153.314, Family Code, apply only

to a court order providing for possession of or access to a child

rendered on or after the effective date of this Act. A court order

rendered before the effective date of this Act is governed by the

law in effect on the date the order was rendered, and the former law

is continued in effect for that purpose.

ARTICLE 2. HEALTH AND SAFETY CODE PROVISIONS

SECTION 2.01. Section 85.007(b), Health and Safety Code, is

amended to read as follows:

(b) The materials in the education programs intended for

persons younger than 18 years of age must[ :

[ (1) ] emphasize sexual abstinence before marriage and

fidelity in marriage as the expected standard in terms of public

health and the most effective ways to prevent HIV infection,

sexually transmitted diseases, and unwanted pregnancies[ ; and

[ (2) state that homosexual conduct is not an

acceptable lifestyle and is a criminal offense under Section 21.06,

Penal Code ].

SECTION 2.02. Section 163.001(a), Health and Safety Code,

is amended to read as follows:

(a) The department shall develop a model public health

education program suitable for school-age children and shall make

the program available to any person on request. The program should

emphasize:

(1) that abstinence from sexual intercourse is the

most effective protection against unwanted teenage pregnancy,

sexually transmitted diseases, and acquired immune deficiency

syndrome (AIDS) when transmitted sexually;

(2) that abstinence from sexual intercourse outside of

[ lawful ] marriage is the expected societal standard for school-age

unmarried persons; and

(3) the physical, emotional, and psychological

dangers of substance abuse, including the risk of acquired immune

deficiency syndrome (AIDS) through the sharing of needles during

intravenous drug usage.

SECTION 2.03. Section 163.002, Health and Safety Code, is

amended to read as follows:

Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and

instruction relating to sexual education or sexually transmitted

diseases should include:

(1) an emphasis on sexual abstinence as the only

completely reliable method of avoiding unwanted teenage pregnancy

and sexually transmitted diseases;

(2) an emphasis on the importance of self-control,

responsibility, and ethical conduct in making decisions relating to

sexual behavior;

(3) statistics, based on the latest medical

information, that indicate the efficacy of the various forms of

contraception;

(4) information concerning the laws relating to the

financial responsibilities associated with pregnancy, childbirth,

and child rearing;

(5) information concerning the laws prohibiting

sexual abuse and the legal and counseling options available to

victims of sexual abuse;

(6) information on how to cope with and rebuff

unwanted physical and verbal sexual advances, as well as the

importance of avoiding the sexual exploitation of other persons;

and

(7) psychologically sound methods of resisting

unwanted peer pressure[ ; and

[ (8) emphasis, provided in a factual manner and from a

public health perspective, that homosexuality is not a lifestyle

acceptable to the general public and that homosexual conduct is a

criminal offense under Section 21.06, Penal Code ].

SECTION 2.04. Section 191.0046(b), Health and Safety Code,

is amended to read as follows:

(b) The state registrar shall issue without fee a certified

copy of a record not otherwise prohibited by law to a veteran or to

the veteran's widow or widower , orphan, or other dependent if the

copy is for use in settling a claim against the government.

SECTION 2.05. Section 193.006(a), Health and Safety Code,

is amended to read as follows:

(a) This section applies to the death certificate of a

person who:

(1) served in a war, campaign, or expedition of the

United States, the Confederate States of America, or the Republic

of Texas;

(2) was the spouse, widower, [ wife ] or widow of a

person who served in a war, campaign, or expedition of the United

States, the Confederate States of America, or the Republic of

Texas; or

(3) at the time of death was in the service of the

United States.

SECTION 2.06. Section 574.045(d), Health and Safety Code,

is amended to read as follows:

(d) A female patient must be accompanied by a female

attendant unless the patient is accompanied by her father, male

spouse [ husband ], or adult brother or son.

ARTICLE 3. PENAL CODE REPEALER

SECTION 3.01. Section 21.06, Penal Code, is repealed.

ARTICLE 4. EFFECTIVE DATE

SECTION 4.01. This Act takes effect September 1, 2025.