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By:AA____________________

__.B.ANo.A_____

Substitute the following for __.B.ANo.A_____:


By:AA____________________

C.S.__.B.ANo.A_____

A BILL TO BE ENTITLED
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AN ACT

relating to the issuance, enforcement, and recognition of marriage

licenses and declarations of informal marriage; authorizing a fee;

adding provisions subject to a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AAThis Act may be cited as the Preservation of

Sovereignty and Marriage Act.

SECTIONA2.AAThe purpose of this Act is to affirm that the

definition and regulation of marriage is within the sole authority

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and realm of the separate states and the people within those states.

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SECTIONA3.AASubchapter B, Chapter 1, Family Code, is amended

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by adding Section 1.109 to read as follows:


Sec.A1.109.AACERTAIN MARRIAGE LICENSES AND DECLARATIONS OF

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INFORMAL

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subdivision of this state may not use any funds to issue, enforce,

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or recognize a marriage license or declaration of informal marriage

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for a union other than a union between one man and one woman.

MARRIAGE

PROHIBITED.

(a)

This

state

or

political

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(b)AAAn employee or official of this state or a political

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subdivision of this state may not issue, enforce, or recognize a

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marriage license or declaration of informal marriage for a union

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other than a union between one man and one woman.

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(c)AAThis state or a political subdivision of this state may

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not

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enforcement, or recognition of a marriage license or declaration of

use

any

funds

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to

enforce

an

order

requiring

the

issuance,

informal marriage for a union other than a union between one man and

one woman.
SECTIONA4.AASection

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194.001,

Health

and

Safety

Code,

is

amended by adding Subsection (c) to read as follows:

(c)AAA county clerk may not file, and the vital statistics

unit may not enter into the vital statistics system, a document copy

described by Subsection (a) or (b) that is associated with a union

other than a union between one man and one woman.

statistics unit determines that the document copy is associated

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with a union other than a union between one man and one woman, the

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vital

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attorney general.

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statistics

unit

shall

SECTIONA5.AASection

provide

118.018,

the

Local

If the vital

document

copy

Government

to

Code,

the

is

amended by adding Subsection (d) to read as follows:

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(d)AAIf a state agency determines that a marriage license fee

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was collected for a marriage license that is associated with a union

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other than a union between one man and one woman, the county clerk

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shall remit $30 to the comptroller.

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funds remitted under this subsection into the general revenue fund.

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SECTIONA6.AASection

118.019,

The comptroller shall deposit

Local

Government

Code,

is

amended to read as follows:


Sec.A118.019.AADECLARATION OF INFORMAL MARRIAGE.

(a)

The

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fee for "Declaration of Informal Marriage" under Section 118.011 is

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for all services rendered in connection with the execution of a

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declaration of informal marriage under Section 1.92, Family Code.

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The fee shall be collected at the time the service is rendered.

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(b)AAIf

84R20149 SCL-D

state

agency

determines

that

declaration

of

informal marriage fee was collected for a declaration of informal

marriage that is associated with a union other than a union between

one man and one woman, the county clerk shall remit $12.50 to the

comptroller.

this subsection into the general revenue fund.

The comptroller shall deposit funds remitted under

SECTIONA7.AAExcept as otherwise provided by this section,

Section 194.001(c), Health and Safety Code, and Sections 118.018(d)

and 118.019(b), Local Government Code, as added by this Act, apply

only

to

marriage

license

issued

or

declaration

of

informal

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marriage recorded on or after the effective date of this Act.

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this Act takes effect before June 1, 2015, Section 194.001(c),

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Health and Safety Code, and Sections 118.018(d) and 118.019(b),

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Local Government Code, as added by this Act, do not apply to a

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marriage

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recorded before that date.

license

issued

or

declaration

of

informal

If

marriage

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SECTIONA8.AAThis Act takes effect immediately if it receives

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a vote of two-thirds of all the members elected to each house, as

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provided by Section 39, Article III, Texas Constitution.

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Act does not receive the vote necessary for immediate effect, this

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Act takes effect September 1, 2015.

84R20149 SCL-D

If this

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