HBA-SEP S.B. 70 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 70
By: Haywood
Juvenile Justice & Family Issues
5/2/2001
Engrossed



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.  Senate Bill 70 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

Senate Bill 70 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 (Secs. 2.002 and 2.004).  The
county clerk is required to indicate on the marriage license whether the
license is for a covenant marriage (Sec. 2.009).  The bill requires the
premarital education handbook to contain information on covenant marriage
and requires the attorney general to include a full explanation of the
terms and conditions of a covenant marriage in the premarital education
handbook (Secs. 2.014 and 2.604).  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 (Sec. 2.602).  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 (Sec.
2.603).  

The bill specifies the criteria that constitute grounds for divorce in or
legal separation of a covenant marriage.  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 (Secs. 6.902-6.904).  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 (Sec. 8.002).  

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 (Sec. 118.011).
The bill provides that the fee must be paid at the time the license is
issued (Sec. 118.018). 
  
EFFECTIVE DATE

September 1, 2001.