85R4196 KSD-D     By: Dutton H.B. No. 1663       A BILL TO BE ENTITLED   AN ACT   relating to certain statutory changes to reflect and address   same-sex marriages and parenting relationships.          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) and amending Subdivisions (4) and (5) to   read as follows:                (1)  "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 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 2.02.  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 2.03.  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, spouse   [husband], or adult brother or son.   ARTICLE 3. EFFECTIVE DATE          SECTION 3.01.  This Act takes effect September 1, 2017.