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
3,756 characters
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.