bill creating optional covenant marriage in Texas

The text as introduced · 2,083 words

89R3125 MLH-D

By: Vasut
H.B. No. 931

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) The applicants for a marriage license 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.

(b) 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

two people who agree to live together as spouses 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 understand that a covenant

marriage is for life. We understand that we can get divorced or

separated. 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 for the rest of our lives."

SECTION 2. Section 2.009(e), Family Code, is amended to

read as follows:

(e) A license issued by a county clerk under this section:

(1) must :

(A) identify the county in which the license is

issued; and

(B) indicate whether the license is for a

covenant marriage; and

(2) may include the name of the county clerk.

SECTION 3. Chapter 2, Family Code, is amended by adding

Subchapter H to read as follows:

SUBCHAPTER H. COVENANT MARRIAGE

Sec. 2.651. DESIGNATING EXISTING MARRIAGE AS COVENANT

MARRIAGE. (a) A married couple 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

two people who agree to live together as spouses 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 understand that a covenant

marriage is for life. We understand that we can get divorced or

separated. 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

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. 2.652. COUNSELING REQUIREMENT. (a) A couple may not

enter into a covenant marriage or designate a marriage as a covenant

marriage unless the couple, at least seven days before the date the

marriage is solemnized or designated, completes at least five hours

of premarital counseling from a clergy member or a person legally

authorized to engage in marriage counseling.

(b) The clergy member or counselor must use a faith-based or

science-based counseling program.

(c) The clergy member or 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.

(d) The clergy member or counselor may discuss any other

topic the clergy member or counselor considers important to the

couple's understanding of the marital commitment.

Sec. 2.653. 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. Chapter 6, Family Code, is amended by adding

Subchapter J to read as follows:

SUBCHAPTER J. DISSOLUTION OF COVENANT MARRIAGE

Sec. 6.851. DISSOLUTION OF COVENANT MARRIAGE. (a) The

court may grant a divorce on the ground of insupportability under

Section 6.001 to a couple who has entered into a covenant marriage

only if the parties to the marriage:

(1) agree to the granting of a divorce under that

section; and

(2) have completed the counseling required by Section

6.852.

(b) The procedures in this chapter for a suit for

dissolution of a marriage apply to a suit for dissolution of a

covenant marriage.

Sec. 6.852. COUNSELING REQUIREMENT BEFORE DISSOLUTION. (a)

The parties to a covenant marriage may obtain a divorce on the

ground of insupportability under Section 6.001 only if the parties

have received at least five hours of counseling from a clergy member

or 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 may participate in

the counseling as long as both parties wish to continue

participation.

(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.

SECTION 5. Subchapter B, Chapter 8, Family Code, is amended

by adding Section 8.0511 to read as follows:

Sec. 8.0511. MAINTENANCE IN PROCEEDINGS INVOLVING COVENANT

MARRIAGE. The court may order maintenance in accordance with this

chapter in proceedings for the dissolution of a covenant marriage.

Notwithstanding any other provision of this chapter, the court may

also order maintenance in accordance with this chapter in

proceedings for legal separation of a covenant marriage.

SECTION 6. Section 194.001, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (c) to

read as follows:

(a) The county clerk shall file with the vital statistics

unit 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.

(c) The county clerk shall file with the vital statistics

unit a copy of each affidavit of intent to designate a marriage as a

covenant marriage executed under Section 2.651, Family Code. The

clerk shall file the copy not later than the 90th day after the date

on which the affidavit is executed.

SECTION 7. Section 194.0011, Health and Safety Code, is

amended to read as follows:

Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS. (a) The

executive commissioner by rule shall prescribe the format and

content of the :

(1) department 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 .

(a-1) The department form used for the marriage license

application must:

(1) require identification of the county in which the

application is submitted; and

(2) allow, but may not require, the name of the county

clerk to appear on the application.

(b) The vital statistics unit shall print and distribute the

department marriage license application form and the prescribed

affidavits of intent to enter into a covenant marriage or designate

a marriage as a covenant marriage [ forms ] to each county clerk

throughout the state.

(c) The department form and prescribed affidavits shall

replace locally adopted forms and affidavits .

(d) A county clerk may reproduce the department form and

prescribed affidavits locally.

SECTION 8. Section 118.011, Local Government Code, is

amended by amending Subsection (a) and adding Subsection (h) 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):

(A) for the first page . . . . . . $ 5.00;

(B) 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):

(A) for the first page . . . . . . $ 5.00;

(B) for each additional page or part of a page on

which there are visible marks of any kind . . . . . . $ 4.00;

(C) for all or part of each 8-1/2" X

14" attachment or rider . . . . . . $ 4.00;

(D) 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):

(A) for the clerk's certificate . . . . . .

$5.00;

(B) printed on paper, plus a fee for each page or

part of a page . . . . . . $ 1.00;

(C) that is a paper document converted to

electronic format, for each page or part of a page . . . . . . $1;

(D) that is an electronic copy of an electronic

document:

(i) for each document up to 10 pages in

length . . . . . . $1;

(ii) for each page or part of a page of a

document over 10 pages . . . . . . $0.10;

(4) Noncertified Papers (Sec. 118.0145):

(A) printed on paper, for each page or part of a

page . . . . . . $ 1.00;

(B) that is a paper document converted to

electronic format, for each page or part of a page . . . . . . $1;

(C) that is an electronic copy of an electronic

document:

(i) for each document up to 10 pages in

length . . . . . . $1;

(ii) for each page or part of a page of a

document over 10 pages . . . . . . $0.10;

(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.

(h) 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 9. The heading to Section 118.018, Local Government

Code, is amended to read as follows:

Sec. 118.018. NONCOVENANT MARRIAGE LICENSE.

SECTION 10. 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;

(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; and

(3) provides proof satisfactory to the county clerk

that the applicant is a resident of this state.

SECTION 11. This Act takes effect September 1, 2025.