HB2758 - 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.

  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:         &# [Text truncated for display. Full text available on Congress.gov.]