Text of TX HB 4105 (2015)

Relating to the issuance, enforcement, and recognition of marriage licenses and declarations of informal marriage.

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As introduced

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By: Bell H.B. No. 4105 A BILL TO BE ENTITLED AN ACT relating to the funding, issuing, and litigation of certain marriage licenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the Preservation of Sovereignty and Marriage Act. SECTION 2. Section 2.001, Family Code, is amended to read as follows: (c) State or local funds may not be used for an activity that includes the licensing or support of a same-sex marriage. (d) A state or local governmental employee may not recognize, grant, or enforce a same-sex marriage license. (e) State or local funds may not be used to enforce an order requiring the issuance or recognition of a same-sex marriage license. SECTION 3. Sec. 118.022, Local Government Code, is amended to read as follows: (a) If the county clerk collects a fee for issuing a marriage license, the county clerk shall remit monthly to the Comptroller any amount collected for the application of a marriage license [deposit], as provided by Subchapter B, Chapter 133[:]. (1) $20 of each fee collected for issuing a marriage license or $12.50 of each fee for recording a declaration of informal marriage shall be [to be sent to the comptroller and] deposited as provided by Subsection (b); (2) $10 of each fee collected for issuing a marriage license shall be [to be sent to the comptroller and] deposited as provided by Subsection (c); and (3) if applicable, the $5 voluntary contribution collected 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 shall be [to be sent to the comptroller and] deposited as provided by Subsection (d). (b) The comptroller shall deposit the money received under Subsection (a)(1) to the credit of the child abuse and neglect prevention trust fund account established under Section 40.105, Human Resources Code. (c) The comptroller shall deposit the money received under Subsection (a)(2) to the credit of the family trust fund account established under Section 2.014, Family Code. (d) The comptroller shall deposit the money received under Subsection (a)(3) in the Texas Home Visiting Program trust fund under Section 531.287, Government Code. (e) The Comptroller shall return any remaining fees collected in compliance with Family Code 2.001(b). Any fees that cannot be returned shall be deposited to General Revenue. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.