85R5470 JSC-D     By: Flynn H.B. No. 1813       A BILL TO BE ENTITLED   AN ACT   relating to issuing a marriage license and conducting a marriage   ceremony.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 2, Family Code, is amended   by adding Sections 2.0001 and 2.0002 to read as follows:          Sec. 2.0001.  DEFINITION:  CERTIFYING OFFICIAL. In this   chapter, "certifying official" means a person, other than the   county clerk, authorized to certify a completed application for a   marriage license, administer the oath, and issue the license.          Sec. 2.0002.  FUNCTIONS OF CERTIFYING OFFICIAL. (a)  This   section applies only to a county in which the county clerk has   notified the commissioners court of a sincerely held religious   belief under Section 2.603.          (b)  The county clerk in the county in which an application   for a marriage license is filed may delegate the duty to certify the   application, administer the oath, and issue the license to a deputy   clerk if the deputy clerk is willing and available to perform those   functions.          (c)  A judge or magistrate who is willing and available to   certify an application for a marriage license, administer the oath,   and issue the license may act as the certifying official in any   county, regardless of whether the magistrate or judge normally has   jurisdiction in that county.          (d)  If the commissioners court of a county determines that a   county clerk has made a notification under Section 2.603 and an   insufficient number of deputy county clerks, judges, or magistrates   in the county are willing and available to certify an application   for a marriage license, administer the oath, and issue the license,   the commissioners court shall designate one or more county   employees or employ or contract with one or more individuals to   provide those services as a certifying official under Section   81.035, Local Government Code. A certifying official contracted   with under this subsection is not required to be an employee of the   county.          (e)  A certifying official under this section is not   authorized to perform the functions of a county clerk other than   certifying a completed marriage license application, administering   the oath, and issuing the license.          SECTION 2.  Section 2.001(a), Family Code, is amended to   read as follows:          (a)  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 or a certifying official.          SECTION 3.  Section 2.002, Family Code, is amended to read as   follows:          Sec. 2.002.  APPLICATION FOR LICENSE. Except as provided by   Section 2.006, each person applying for a license must:                (1)  appear before the county clerk or certifying   official;                (2)  submit the person's proof of identity and age as   provided by Section 2.005(b);                (3)  provide the information applicable to that person   for which spaces are provided in the application for a marriage   license;                (4)  mark the appropriate boxes provided in the   application; [and]                (5)  take the oath printed on the application   administered by the county clerk or certifying official; and                (6)  sign the application [before the county clerk].          SECTION 4.  Section 2.003, Family Code, is amended to read as   follows:          Sec. 2.003.  APPLICATION FOR LICENSE BY MINOR. In addition   to the other requirements provided by this chapter, a person under   18 years of age applying for a license must provide to the county   clerk or certifying official:                (1)  documents establishing, as provided by Section   2.102, parental consent for the person to the marriage;                (2)  documents establishing that a prior marriage of   the person has been dissolved; or                (3)  a court order granted under Section 2.103   authorizing the marriage of the person.          SECTION 5.  Sections 2.004(a) and (b), Family Code, are   amended to read as follows:          (a)  The county clerk or certifying official shall furnish   the application form as prescribed by the bureau of vital   statistics.          (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, 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 or certifying   official that:                      (A)  each applicant made the oath and the date and   place that the oath [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 6.  Sections 2.005(a) and (b), Family Code, are   amended to read as follows:          (a)  The county clerk or certifying official shall require   proof of the identity and age of each applicant.          (b)  The proof must be established by:                (1)  a driver's license or identification card issued   by this state, another state, or a Canadian province that is current   or has expired not more than two years preceding the date the   identification is submitted to the county clerk or certifying   official in connection with an application for a license;                (2)  a United States passport;                (3)  a current passport issued by a foreign country or a   consular document issued by a state or national government;                (4)  an unexpired Certificate of United States   Citizenship, Certificate of Naturalization, United States Citizen   Identification Card, Permanent Resident Card, Temporary Resident   Card, Employment Authorization Card, or other document issued by   the federal Department of Homeland Security or the United States   Department of State including an identification photograph;                (5)  an unexpired military identification card for   active duty, reserve, or retired personnel with an identification   photograph;                (6)  an original or certified copy of a birth   certificate issued by a bureau of vital statistics for a state or a   foreign government;                (7)  an original or certified copy of a Consular Report   of Birth Abroad or Certificate of Birth Abroad issued by the United   States Department of State;                (8)  an original or certified copy of a court order   relating to the applicant's name change or sex change;                (9)  school records from a secondary school or   institution of higher education;                (10)  an insurance policy continuously valid for the   two years preceding the date of the application for a license;                (11)  a motor vehicle certificate of title;                (12)  military records, including documentation of   release or discharge from active duty or a draft record;                (13)  an unexpired military dependent identification   card;                (14)  an original or certified copy of the applicant's   marriage license or divorce decree;                (15)  a voter registration certificate;                (16)  a pilot's license issued by the Federal Aviation   Administration or another authorized agency of the United States;                (17)  a license to carry a handgun under Subchapter H,   Chapter 411, Government Code;                (18)  a temporary driving permit or a temporary   identification card issued by the Department of Public Safety; or                (19)  an offender identification card issued by the   Texas Department of Criminal Justice.          SECTION 7.  Section 2.006, Family Code, is amended to read as   follows:          Sec. 2.006.  ABSENT APPLICANT. (a) If an applicant is   unable to appear personally before the county clerk or certifying   official to apply for a marriage license, any adult person or the   other applicant may apply on behalf of the absent applicant.          (b)  The person applying on behalf of an absent applicant   shall provide to the clerk or certifying official:                (1)  notwithstanding Section 132.001, Civil Practice   and Remedies Code, the notarized affidavit of the absent applicant   as provided by this subchapter;                (2)  proof of the identity and age of the absent   applicant under Section 2.005(b); and                (3)  if required because the absent applicant is a   person under 18 years of age, documents establishing that a prior   marriage has been dissolved, a court order authorizing the marriage   of the absent, underage applicant, or documents establishing   consent by a parent or a person who has legal authority to consent   to the marriage, including:                      (A)  proof of identity of the parent or person   with legal authority to consent to the marriage under Section   2.005(b); and                      (B)  proof that the parent or person has the legal   authority to consent to the marriage for the applicant under rules   adopted under Section 2.102(j).          (c)  Notwithstanding Subsection (a), the clerk or certifying   official may not issue a marriage license for which both applicants   are absent unless the person applying on behalf of each absent   applicant provides to the clerk or certifying official an affidavit   of the applicant declaring that the applicant is a member of the   armed forces of the United States stationed in another country in   support of combat or another military operation.          SECTION 8.  Section 2.007, Family Code, is amended to read as   follows:          Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit   of an absent applicant must include:                (1)  the absent applicant's full name, including the   maiden surname of a female applicant, address, date of birth, place   of birth, including city, county, and state, citizenship, and   social security number, if any;                (2)  a declaration that the absent applicant has not   been divorced within the last 30 days;                (3)  a declaration that the absent applicant is:                      (A)  not presently married; or                      (B)  married to the other applicant and they wish   to marry again;                (4)  a declaration that the other applicant is not   presently married and is not related to the absent applicant 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 declaration that the absent applicant desires to   marry and the name, age, and address of the person to whom the   absent applicant desires to be married;                (6)  the approximate date on which the marriage is to   occur;                (7)  the reason the absent applicant is unable to   appear [personally] before the county clerk or certifying official    for the issuance of the license; and                (8)  the appointment of any adult, other than the other   applicant, to act as proxy for the purpose of participating in the   ceremony, if the absent applicant is:                      (A)  a member of the armed forces of the United   States stationed in another country in support of combat or another   military operation; and                      (B)  unable to attend the ceremony.          SECTION 9.  Section 2.0071, Family Code, is amended to read   as follows:          Sec. 2.0071.  MAINTENANCE OF RECORDS BY CLERK RELATING TO   LICENSE FOR ABSENT APPLICANT.  If a [A] county clerk or certifying   official [who] issues a marriage license for an absent applicant,   the clerk shall maintain the affidavit of the absent applicant and   the application for the marriage license in the same manner that the   clerk maintains an application for a marriage license submitted by   two applicants in person.          SECTION 10.  Section 2.008, Family Code, is amended to read   as follows:          Sec. 2.008.  CERTIFICATION [EXECUTION] OF APPLICATION [BY   CLERK].  (a)  The county clerk or certifying official shall:                (1)  determine that all necessary information, other   than the date of the marriage ceremony, the county in which the   ceremony is conducted, and the name of the person who performs the   ceremony, is recorded on the application and that all necessary   documents are submitted;                (2)  administer the oath to each applicant appearing   before the clerk or certifying official; and                (3)  have each applicant appearing before the clerk or   certifying official sign the application.          (a-1)  If the county clerk certifies the application, the   clerk shall [in the clerk's presence; and                [(4)]  execute the clerk's certificate on the   application.  If a certifying official certifies the application,   the certifying official shall:                (1)  include on the application:                      (A)  the county in which the application was   submitted; and                      (B)  the name, job title, and signature of the   certifying official; and                (2)  return the certified application and any   supporting documentation by facsimile or electronic means to the   county clerk for recording.          (a-2)  If the county clerk has given notice under Section   2.603 that the clerk is unwilling to certify the application,   administer the oath, and issue the license, and the deputy clerk is   not performing those functions in that county, the clerk shall   provide the applicants with notice of any certifying officials   serving in that county. If no certifying official is located in the   county, the county clerk shall provide the applicants with contact   information for a certifying official designated under Section   81.035, Local Government Code.          (a-3)  In the event an applicant is referred to a certifying   official located outside the county under Subsection (a-2), the   applicant may submit the completed application and all supporting   documentation to the applicable certifying official via facsimile   or electronic means. A certifying official described by this   subsection, on receipt of the application and supporting   documentation, shall:                (1)  determine that all necessary information, other   than the date of the marriage ceremony, the county in which the   ceremony is conducted, and the name of the person who performs the   ceremony, is recorded on the application and that all necessary   documents are submitted;                (2)  administer the oath to each applicant, which may   be accomplished telephonically or electronically;                (3)  have each applicant sign the application;                (4)  certify the application and include on the   application:                      (A)  the county from which the application was   submitted; and                      (B)  the name, job title, signature, and location   of the certifying official; and                (5)  return the certified application and any   supporting documentation by facsimile or electronic means to the   county clerk in the county from which the application was submitted   for recording.          (b)  A person appearing before the clerk or certifying   official on behalf of an absent applicant is not required to take   the oath on behalf of the absent applicant.          SECTION 11.  Section 2.009, Family Code, is amended to read   as follows:          Sec. 2.009.  ISSUANCE OF LICENSE. (a) Except as provided by   Subsections (b) and (d), the county clerk or certifying official    may not issue a license if either applicant:                (1)  fails to provide the information required by this   subchapter;                (2)  fails to submit proof of age and identity;                (3)  is under 16 years of age and has not been granted a   court order as provided by Section 2.103;                (4)  is 16 years of age or older but under 18 years of   age and has not presented at least one of the following:                      (A)  parental consent as provided by Section   2.102;                      (B)  documents establishing that a prior marriage   of the applicant has been dissolved; or                      (C)  a court order as provided by Section 2.103;                (5)  checks "false" in response to a statement in the   application, except as provided by Subsection (b) or (d), or fails   to make a required declaration in an affidavit required of an absent   applicant; or                (6)  indicates that the applicant has been divorced   within the last 30 days, unless:                      (A)  the applicants were divorced from each other;   or                      (B)  the prohibition against remarriage is waived   as provided by Section 6.802.          (b)  If an applicant checks "false" in response to the   statement "I am not presently married and the other applicant is not   presently married," the county clerk or certifying official shall   inquire as to whether the applicant is presently married to the   other applicant.  If the applicant states that the applicant is   currently married to the other applicant, the county clerk or   certifying official shall record that statement on the license   before the administration of the oath.  The county clerk or   certifying official may not refuse to issue a license on the ground   that the applicants are already married to each other.          (c)  On the proper certification [execution] of the   application, the clerk or certifying official, as applicable,    shall:                (1)  prepare the license;                (2)  enter on the license the names of the licensees,   the date that the license is issued, and, if applicable, the name of   the person appointed to act as proxy for an absent applicant, if   any;                (3)  record the time at which the license was issued;                (4)  give [distribute to] each applicant [written]   notice in writing or by electronic means of the online location of   the information prepared under Section 2.010 regarding acquired   immune deficiency syndrome (AIDS) and human immunodeficiency virus   (HIV) and note on the license that the notice [distribution] was   given [made]; and                (5)  inform each applicant, in person or by electronic   means:                      (A)  that a premarital education handbook   developed by the child support division of the office of the   attorney general under Section 2.014 is available on the child   support division's Internet website; or                      (B)  if the applicant does not have Internet   access, how the applicant may obtain a paper copy of the handbook   described by Paragraph (A).          (d)  The county clerk or certifying official may not refuse   to issue a license to an applicant on the ground that the applicant   checked "false" in response to the statement "I am not presently   delinquent in the payment of court-ordered child support."          SECTION 12.  Section 2.012, Family Code, is amended to read   as follows:          Sec. 2.012.  VIOLATION OF SUBCHAPTER [BY COUNTY CLERK];   PENALTY. (a)  A county clerk, [or] deputy county clerk, or   certifying official who violates or fails to comply with this   subchapter commits an offense.          (b)  An offense under this section is a Class C misdemeanor   punishable by a fine of [not less than $200 and] not more than $500.          SECTION 13.  Section 2.101, Family Code, is amended to read   as follows:          Sec. 2.101.  GENERAL AGE REQUIREMENT. Except as otherwise   provided by this subchapter or on a showing that a prior marriage   has been dissolved, a county clerk or certifying official may not   issue a marriage license if either applicant is under 18 years of   age.          SECTION 14.  Sections 2.102(a), (b), and (c), Family Code,   are amended to read as follows:          (a)  If an applicant is 16 years of age or older but under 18   years of age, the county clerk or certifying official shall issue   the license if parental consent is given as provided by this   section.          (b)  Parental consent must be evidenced by a written   declaration on a form supplied by the county clerk or certifying   official in which the person consents to the marriage and swears   that the person is a parent (if there is no person who has the   court-ordered right to consent to marriage for the applicant) or a   person who has the court-ordered right to consent to marriage for   the applicant (whether an individual, authorized agency, or court).          (c)  Except as otherwise provided by this section, consent   must be acknowledged before a county clerk or certifying official.     Consent may be acknowledged telephonically or electronically if the   certifying official is not in the county in which the application is   made.          SECTION 15.  Section 2.202, Family Code, is amended by   adding Subsection (e) to read as follows:          (e)  A person authorized to conduct a marriage ceremony under   this section may decline to conduct a marriage ceremony and, unless   the person declines to conduct the ceremony for a reason prohibited   under Section 2.205:                (1)  the person is not subject to an administrative or   civil penalty imposed by this state, an agency of this state, or a   political subdivision of this state; and                (2)  a civil cause of action may not be brought against   the person based on the person's refusal to conduct the marriage   ceremony.          SECTION 16.  Section 2.204(b), Family Code, is amended to   read as follows:          (b)  The 72-hour waiting period after issuance of a marriage   license does not apply to an applicant who:                (1)  is a member of the armed forces of the United   States and on active duty;                (2)  is not a member of the armed forces of the United   States but performs work for the United States Department of   Defense as a department employee or under a contract with the   department;                (3)  obtains a written waiver under Subsection (c); or                (4)  completes a premarital education course described   by Section 2.013, and who provides to the county clerk or certifying   official a premarital education course completion certificate   indicating completion of the premarital education course not more   than one year before the date the marriage license application is   filed with the clerk or certifying official.          SECTION 17.  Section 2.206(a), Family Code, is amended to   read as follows:          (a)  The person who conducts a marriage ceremony shall record   on the license the date on which and the county in which the   ceremony is performed and the person's name, subscribe the license,   and return the license to the county clerk of the county in which   the license was [who] issued [it] not later than the 30th day after   the date the ceremony is conducted.          SECTION 18.  Section 2.207(a), Family Code, is amended to   read as follows:          (a)  A person who is to conduct a marriage ceremony shall   determine whether the license has expired from the date of   certification of [county clerk's endorsement on] the license.          SECTION 19.  Section 2.209(b), Family Code, is amended to   read as follows:          (b)  If a marriage license [issued by a county clerk] is   lost, destroyed, or rendered useless, the clerk or applicable   certifying official shall issue a duplicate license.          SECTION 20.  The heading to Subchapter G, Chapter 2, Family   Code, is amended to read as follows:   SUBCHAPTER G. FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING,   LICENSING, OR PERFORMING CERTAIN MARRIAGES          SECTION 21.  Subchapter G, Chapter 2, Family Code, is   amended by adding Section 2.603 to read as follows:          Sec. 2.603.  REFUSAL BY COUNTY CLERK; DESIGNATION OF   CERTIFYING OFFICIAL. (a)  If a county clerk has a sincerely held   religious belief that conflicts with the clerk's ability to fulfill   the clerk's duties with regard to certifying an application for a   marriage license, administering the oath for a marriage license,   and issuing the license, the clerk shall notify the commissioners   court of the county of that belief in writing.          (b)  A county clerk may not be required to certify an   application for a marriage license, administer the oath, or issue   the license if the clerk has made the notification under Subsection   (a).          (c)  On receipt of a notification under Subsection (a), the   commissioners court shall:                (1)  ensure that a deputy clerk or other certifying   official is available in that county to certify an application for a   marriage license, administer the oath, and issue the license; or                (2)  if there is an insufficient number of certifying   officials willing or available in that county, provide for one or   more certifying officials under Section 81.035, Local Government   Code.          SECTION 22.  Subchapter B, Chapter 81, Local Government   Code, is amended by adding Section 81.035 to read as follows:          Sec. 81.035.  CERTIFYING OFFICIAL FOR APPLICATION FOR   MARRIAGE LICENSE. On receipt of a notification under Section   2.603, Family Code, a commissioners court shall designate one or   more county employees or employ or contract with one or more   individuals to certify applications for marriage licenses,   administer oaths for a marriage license, and issue licenses as   provided by Section 2.0002, Family Code. A certifying official   designated, employed, or contracted with under this section is not   required to be an employee of the county and is not required to be   located in the county.          SECTION 23.  Sections 118.018(b-1) and (c), Local Government   Code, are amended to read as follows:          (b-1)  The county clerk or certifying official shall issue a   marriage license without collecting a marriage license fee from an   applicant who:                (1)  completes a premarital education course described   by Section 2.013, Family Code; and                (2)  provides to the county clerk or certifying   official a premarital education course completion certificate   indicating completion of the premarital education course not more   than one year before the date the marriage license application is   filed with the clerk or certifying official.          (c)  A person applying for a marriage license may 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.  A county clerk or certifying official shall   collect the additional voluntary contribution under this section.          SECTION 24.  Section 118.022, Local Government Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  If a certifying official collects the fee for issuing   a marriage license, the certifying official shall remit the fee to   the county clerk of the county in which the application for a   marriage license was submitted. The county clerk shall deposit the   fee in the manner described by Subsection (a).          SECTION 25.  Sections 194.0011(a), (b), and (d), Health and   Safety Code, are amended to read as follows:          (a)  The executive commissioner by rule shall prescribe the   format and content of the department form used for the marriage   license application. The executive commissioner may not prescribe   a form that requires a county clerk to personally certify the   application, administer the oath for a marriage license, or issue   the marriage license. The executive commissioner may prescribe a   form that requires that a certifying official perform those   functions as provided by Section 2.0002, Family Code.          (b)  The vital statistics unit shall print and distribute the   department forms to each county clerk throughout the state.  On   request, the vital statistics unit shall provide the department   forms to a certifying official.          (d)  A county clerk or certifying official may reproduce the   department form locally.          SECTION 26.  This Act takes effect September 1, 2017.