HBA-SEB H.B. 2442 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2442 By: Goodman Juvenile Justice and Family Issues 4/8/1999 Introduced BACKGROUND AND PURPOSE After remaining stable during the 1950s, the divorce rate in the United States increased in the 1960s, doubled between 1966 and 1976, and leveled off at a high rate in the 1980s. In order to combat the high divorce rate, a premarital education course may benefit couples who are uncertain of their choice to get married. Research indicates that 10 to 15 percent of couples taking a premarital education course decide not to marry. H.B. 2442 requires applicants for a marriage license to verify completion of a premarital education course of at least four hours in length. This bill defines the qualifications of those who can teach such a course, permits waiver of the course requirement by signing an affidavit of hardship or refusal to take the course, and authorizes the creation of a family law handbook by the family law council of the State Bar of Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.002, Family Code, to add a requirement that must be satisfied in applying for a marriage license, except as provided by Section 2.006 (Absent Applicant). Establishes that each person applying for a marriage license must provide proof of completion of a premarital education course or submit an affidavit of waiver of that requirement as provided by Section 2.013. Redesignates existing Subdivision (5) to Subdivision (6). SECTION 2. Amends Section 2.009, Family Code, to conform to Section 1, Chapter 698, Acts of the 75th Legislature, Regular Session, 1997, and by amending Subsections (a) and (c) and adding Subsection (e), as follows: (a) Prohibits a county clerk from issuing a marriage license if either applicant fails to submit proof of completion of a premarital education course or an affidavit of a waiver of that requirement. Makes a conforming change. (c) Requires a county clerk, on proper execution of an application, to distribute to each applicant an unsigned anonymous questionnaire that the applicant may complete and return to the clerk. Makes conforming and nonsubstantive changes. (e) Requires a county clerk to maintain each questionnaire in a separate file to preserve the confidentiality of the information. Requires the clerk to provide the questionnaire on request to the researchers from the Texas Tech University human development and family studies department. Requires the researchers to develop the questionnaire and to provide sufficient copies to the county clerk of each county. SECTION 3. Amends Subchapter A, Chapter 2, Family Code, by adding Sections 2.013 and 2.014, as follows: Sec. 2.013. PREMARITAL EDUCATION REQUIREMENTS; WAIVER. (a) Establishes that each person applying for a marriage license must present a certificate of completion of a premarital education course that is signed by the course provider. Provides that the course must consist of at least four hours and must have been completed not more than one year before the date of the application for the license. Prohibits the certificate from being issued to a person before the person has completed the course. (b) Sets forth the information to be contained in a certificate of completion of a premarital education course. (c) Provides that a premarital education course must include instruction in conflict management, communication skills, children and parenting responsibilities, financial responsibilities, and other problems reported by married persons who seek marital or individual counseling. (d) Authorizes a person to take a premarital course from a licensed marriage and family therapist, licensed psychologist, licensed master social worker who is recognized as an advanced clinical practitioner, licensed professional counselor, religious practitioner who performs counseling consistent with the laws of this state or another person designated as a program counselor by a church or religious institution, or any other person designated as a course provider by the county clerk, including a properly trained school counselor. (e) Requires each county clerk to maintain a roster of area course providers, including providers who offer the course on a sliding scale or without charge. Requires the clerk to provide a copy of the roster on request to an applicant for a marriage license. (f) Requires an applicant for a marriage license who takes the course to pay the fee charged for the course. (g) Requires a person who seeks to act as a course provider to submit a written application to the county clerk of the county in which the person intends to offer the course. Provides that the application must be in the form of an affidavit that includes the applicant's professional license number or evidence of the person's position or affiliation with a church or religious institution, as appropriate, and an address at which the course provider may be contacted. (h) Requires the Texas Tech University human development and family studies department to evaluate premarital education courses offered throughout the state to determine the effectiveness of the courses. Authorizes the department to create premarital education pilot programs to be administered by course providers. Requires a course offered in a pilot program to use the statistical information and data obtained by department researchers. (i) Establishes that the requirement to complete a premarital education course does not apply to an applicant for a marriage license who submits to the county clerk an affidavit of waiver that is signed by the applicant and states that the applicant did not complete the course because of hardship, inability to participate in a course, or refusal to take the course. Sec. 2.014. FAMILY TRUST FUND. Creates the family trust fund as a trust fund with the state comptroller. Requires the attorney general to administer the fund for the fund's beneficiaries. Establishes that money in the trust fund is derived from depositing $10 of each marriage license fee as authorized under Section 118.018(c), Local Government Code. Authorizes money in the trust fund to be used only for the development and distribution of a family law handbook by the family law council of the State Bar of Texas, grants to institutions of higher education having academic departments that are capable of research on marriage and divorce, support for counties to administer free or low-cost premarital education courses, programs intended to reduce the amount of delinquent child support, and other programs the attorney general determines will assist families in this state. SECTION 4. Amends Section 118.011(a), Local Government Code, to require a county clerk to collect $25 from an applicant for a marriage license who completed a premarital education course and $35 for an applicant who submitted an affidavit of waiver of the premarital education course requirement. SECTION 5. Amends Section 118.018, Local Government Code, by adding Subsection (c), to require a county clerk to remit $10 of a fee from a marriage license applicant for deposit in the family trust fund if the applicant submits an affidavit of a waiver of the premarital education course requirement. SECTION 6. Authorizes the family law council of the State Bar of Texas to create a handbook to explain provisions of state law that pertain to the rights of married persons and the responsibilities they have to each other and to their children, both during marriage and after dissolution of the marriage. Authorizes the material in the handbook to be provided on videotape or another electronic method. Provides that the handbook must be reviewed for accuracy by a committee appointed by the supreme court. Requires a handbook to be made available by the county clerk at the time a person applies for a marriage license. Authorizes the clerk to also make the information available on videotape or another electronic method. Provides that the handbook must be updated annually and sets forth the information that may be included in the handbook. SECTION 7. (a) Repealer: Section 1, Chapter 698, Acts of the 75th Legislature, Regular Session, 1997. That section currently requires a clerk of a county to enter on a marriage license, rather than on the reverse side of the license, the names of the licensees, the date of issuance, and the name of the person appointed to act as proxy, if any. (b) Establishes that this Act prevails over another act of the 76th Legislature, Regular Session, 1999, to the extent of any conflict relating to nonsubstantive additions to and corrections in enacted codes. SECTION 8. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 9. Emergency clause.