HB931 - Relating to the creation and dissolution of a covenant marriage.

  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):           &#xA [Text truncated for display. 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