HBA-SEP H.B. 352 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 352
By: Wohlgemuth
Juvenile Justice & Family Issues
4/1/2001
Introduced

BACKGROUND AND PURPOSE 

In the 1970s, Texas and many states enacted a system of no-fault divorce
which was followed by an increase in the number of divorces.  In an effort
to decrease the number of divorces, Louisiana and Arizona have enacted
covenant-marriage laws that require a couple to participate in counseling
and requires the counselor to declare a marriage not salvageable before a
divorce can be obtained.  House Bill 352 enacts a covenant-marriage law.   

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. 

ANALYSIS

House Bill 352 amends the Family and Local Government codes to provide for
the creation of a covenant marriage and the collection of applicable fees.
The bill amends the Family Code to provide that each license applicant for
a covenant marriage is required to submit a signed and notarized affidavit
of intent to enter a covenant marriage, and that the application form
indicate that the affidavit has been executed.  The county clerk is
required to indicate on the marriage license whether the license is for a
covenant marriage. The bill provides that if a couple is already married,
those applicants are required to file the affidavit with the clerk of the
county that issued the original marriage license, or if the marriage was
entered into outside the state, the clerk of the county in which the couple
resides.  The bill provides that a couple must receive counseling from a
legally authorized marriage counselor before entering into or designating a
marriage as a covenant marriage.  

The bill provides that the attorney general is required to prepare a
pamphlet providing a full explanation of the terms and conditions of a
covenant marriage.  The pamphlet must provide a listing of the grounds for
legal separation and dissolution of a covenant marriage.  The bill
specifies the criteria that constitute grounds for dissolution or legal
separation of a covenant marriage.   The attorney general is required to
provide the pamphlet to the state's county clerks who are then required to
provide it to each applicant for a covenant marriage license. 

The bill provides that the procedures for a suit for dissolution of a
marriage also apply to a suit for dissolution or legal separation of a
covenant marriage, however, a spouse in a covenant marriage is not
authorized to file suit unless the parties to the marriage have received
counseling.  The bill further provides that the court is required to render
a temporary order for maintenance in favor of a spouse who files for a
legal separation of a covenant marriage based on abandonment or dissolution
of a covenant marriage.  

The bill amends the Local Government Code to require the county clerk to
collect a $12.50 fee for either a covenant marriage license or an affidavit
of intent to designate a marriage as a covenant marriage.  The bill
provides that the fee must be paid at the time the license is issued. 
  
EFFECTIVE DATE

September 1, 2001.