|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | 
      
        |  | relating to issuing a marriage license and conducting a marriage | 
      
        |  | ceremony. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter A, Chapter 2, Family Code, is amended | 
      
        |  | by adding Sections 2.0001 and 2.0002 to read as follows: | 
      
        |  | Sec. 2.0001.  DEFINITION:  CERTIFYING OFFICIAL.  In this | 
      
        |  | chapter, "certifying official" means a person, other than the | 
      
        |  | county clerk, authorized to certify a completed application for a | 
      
        |  | marriage license, administer the oath, and issue the license. | 
      
        |  | Sec. 2.0002.  FUNCTIONS OF CERTIFYING OFFICIAL.  (a)  This | 
      
        |  | section applies only to a county in which the county clerk has | 
      
        |  | notified the commissioners court of a sincerely held religious | 
      
        |  | belief under Section 2.603. | 
      
        |  | (b)  The county clerk in the county in which an application | 
      
        |  | for a marriage license is filed may delegate the duty to certify the | 
      
        |  | application, administer the oath, and issue the license to a deputy | 
      
        |  | clerk if the deputy clerk is willing and available to perform those | 
      
        |  | functions. | 
      
        |  | (c)  A judge or magistrate who is willing and available to | 
      
        |  | certify an application for a marriage license, administer the oath, | 
      
        |  | and issue the license may act as the certifying official in any | 
      
        |  | county, regardless of whether the magistrate or judge normally has | 
      
        |  | jurisdiction in that county. | 
      
        |  | (d)  If the commissioners court of a county determines that a | 
      
        |  | county clerk has made a notification under Section 2.603 and an | 
      
        |  | insufficient number of deputy county clerks, judges, or magistrates | 
      
        |  | in the county are willing and available to certify an application | 
      
        |  | for a marriage license, administer the oath, and issue the license, | 
      
        |  | the commissioners court shall designate one or more county | 
      
        |  | employees or employ or contract with one or more individuals to | 
      
        |  | provide those services as a certifying official under Section | 
      
        |  | 81.035, Local Government Code.  A certifying official contracted | 
      
        |  | with under this subsection is not required to be an employee of the | 
      
        |  | county. | 
      
        |  | (e)  A certifying official under this section is not | 
      
        |  | authorized to perform the functions of a county clerk other than | 
      
        |  | certifying a completed marriage license application, administering | 
      
        |  | the oath, and issuing the license. | 
      
        |  | SECTION 2.  Section 2.001(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A man and a woman desiring to enter into a ceremonial | 
      
        |  | marriage must obtain a marriage license from the county clerk of any | 
      
        |  | county of this state or a certifying official. | 
      
        |  | SECTION 3.  Section 2.002, Family Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 2.002.  APPLICATION FOR LICENSE.  Except as provided by | 
      
        |  | Section 2.006, each person applying for a license must[ : | 
      
        |  | [ (1)]  appear before the county clerk or certifying | 
      
        |  | official, in person or by telephone or electronic means, and, in any | 
      
        |  | order, shall:[ ;] | 
      
        |  | (1) [ (2)]  submit the person's proof of identity and | 
      
        |  | age as provided by Section 2.005(b); | 
      
        |  | (2) [ (3)]  provide the information applicable to that | 
      
        |  | person for which spaces are provided in the application for a | 
      
        |  | marriage license; | 
      
        |  | (3) [ (4)]  mark the appropriate boxes provided in the | 
      
        |  | application; [ and] | 
      
        |  | (4) [ (5)]  take the oath printed on the application | 
      
        |  | administered by the county clerk or certifying official; and | 
      
        |  | (5)  sign the application [ before the county clerk]. | 
      
        |  | SECTION 4.  Section 2.003, Family Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 2.003.  APPLICATION FOR LICENSE BY MINOR.  In addition | 
      
        |  | to the other requirements provided by this chapter, a person under | 
      
        |  | 18 years of age applying for a license must provide to the county | 
      
        |  | clerk or certifying official: | 
      
        |  | (1)  documents establishing, as provided by Section | 
      
        |  | 2.102, parental consent for the person to the marriage; | 
      
        |  | (2)  documents establishing that a prior marriage of | 
      
        |  | the person has been dissolved;  or | 
      
        |  | (3)  a court order granted under Section 2.103 | 
      
        |  | authorizing the marriage of the person. | 
      
        |  | SECTION 5.  Sections 2.004(a) and (b), Family Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The county clerk or certifying official shall furnish | 
      
        |  | the application form as prescribed by the bureau of vital | 
      
        |  | statistics. | 
      
        |  | (b)  The application form must contain: | 
      
        |  | (1)  a heading entitled "Application for Marriage | 
      
        |  | License, ____________ County, Texas"; | 
      
        |  | (2)  spaces for each applicant's full name, including | 
      
        |  | the woman's maiden surname, address, social security number, if | 
      
        |  | any, date of birth, and place of birth, including city, county, and | 
      
        |  | state; | 
      
        |  | (3)  a space for indicating the document tendered by | 
      
        |  | each applicant as proof of identity and age; | 
      
        |  | (4)  spaces for indicating whether each applicant has | 
      
        |  | been divorced within the last 30 days; | 
      
        |  | (5)  printed boxes for each applicant to check "true" | 
      
        |  | or "false" in response to the following statement:  "I am not | 
      
        |  | presently married and the other applicant is not presently | 
      
        |  | married."; | 
      
        |  | (6)  printed boxes for each applicant to check "true" | 
      
        |  | or "false" in response to the following statement:  "The other | 
      
        |  | applicant is not related to me as: | 
      
        |  | (A)  an ancestor or descendant, by blood or | 
      
        |  | adoption; | 
      
        |  | (B)  a brother or sister, of the whole or half | 
      
        |  | blood or by adoption; | 
      
        |  | (C)  a parent's brother or sister, of the whole or | 
      
        |  | half blood or by adoption; | 
      
        |  | (D)  a son or daughter of a brother or sister, of | 
      
        |  | the whole or half blood or by adoption; | 
      
        |  | (E)  a current or former stepchild or stepparent; | 
      
        |  | or | 
      
        |  | (F)  a son or daughter of a parent's brother or | 
      
        |  | sister, of the whole or half blood or by adoption."; | 
      
        |  | (7)  printed boxes for each applicant to check "true" | 
      
        |  | or "false" in response to the following statement:  "I am not | 
      
        |  | presently delinquent in the payment of court-ordered child | 
      
        |  | support."; | 
      
        |  | (8)  a printed oath reading:  "I SOLEMNLY SWEAR (OR | 
      
        |  | AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS | 
      
        |  | CORRECT."; | 
      
        |  | (9)  spaces immediately below the printed oath for the | 
      
        |  | applicants' signatures; | 
      
        |  | (10)  a certificate of the county clerk or certifying | 
      
        |  | official that: | 
      
        |  | (A)  each applicant made the oath and the date and | 
      
        |  | place that the oath [ it] was made; or | 
      
        |  | (B)  an applicant did not appear personally but | 
      
        |  | the prerequisites for the license have been fulfilled as provided | 
      
        |  | by this chapter; | 
      
        |  | (11)  spaces for indicating the date of the marriage | 
      
        |  | and the county in which the marriage is performed; | 
      
        |  | (12)  a space for the address to which the applicants | 
      
        |  | desire the completed license to be mailed; and | 
      
        |  | (13)  a printed box for each applicant to check | 
      
        |  | indicating that the applicant wishes to make a voluntary | 
      
        |  | contribution of $5 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. | 
      
        |  | SECTION 6.  Sections 2.005(a) and (b), Family Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The county clerk or certifying official shall require | 
      
        |  | proof of the identity and age of each applicant. | 
      
        |  | (b)  The proof must be established by: | 
      
        |  | (1)  a driver's license or identification card issued | 
      
        |  | by this state, another state, or a Canadian province that is current | 
      
        |  | or has expired not more than two years preceding the date the | 
      
        |  | identification is submitted to the county clerk or certifying | 
      
        |  | official in connection with an application for a license; | 
      
        |  | (2)  a United States passport; | 
      
        |  | (3)  a current passport issued by a foreign country or a | 
      
        |  | consular document issued by a state or national government; | 
      
        |  | (4)  an unexpired Certificate of United States | 
      
        |  | Citizenship, Certificate of Naturalization, United States Citizen | 
      
        |  | Identification Card, Permanent Resident Card, Temporary Resident | 
      
        |  | Card, Employment Authorization Card, or other document issued by | 
      
        |  | the federal Department of Homeland Security or the United States | 
      
        |  | Department of State including an identification photograph; | 
      
        |  | (5)  an unexpired military identification card for | 
      
        |  | active duty, reserve, or retired personnel with an identification | 
      
        |  | photograph; | 
      
        |  | (6)  an original or certified copy of a birth | 
      
        |  | certificate issued by a bureau of vital statistics for a state or a | 
      
        |  | foreign government; | 
      
        |  | (7)  an original or certified copy of a Consular Report | 
      
        |  | of Birth Abroad or Certificate of Birth Abroad issued by the United | 
      
        |  | States Department of State; | 
      
        |  | (8)  an original or certified copy of a court order | 
      
        |  | relating to the applicant's name change or sex change; | 
      
        |  | (9)  school records from a secondary school or | 
      
        |  | institution of higher education; | 
      
        |  | (10)  an insurance policy continuously valid for the | 
      
        |  | two years preceding the date of the application for a license; | 
      
        |  | (11)  a motor vehicle certificate of title; | 
      
        |  | (12)  military records, including documentation of | 
      
        |  | release or discharge from active duty or a draft record; | 
      
        |  | (13)  an unexpired military dependent identification | 
      
        |  | card; | 
      
        |  | (14)  an original or certified copy of the applicant's | 
      
        |  | marriage license or divorce decree; | 
      
        |  | (15)  a voter registration certificate; | 
      
        |  | (16)  a pilot's license issued by the Federal Aviation | 
      
        |  | Administration or another authorized agency of the United States; | 
      
        |  | (17)  a license to carry a handgun under Subchapter H, | 
      
        |  | Chapter 411, Government Code; | 
      
        |  | (18)  a temporary driving permit or a temporary | 
      
        |  | identification card issued by the Department of Public Safety; or | 
      
        |  | (19)  an offender identification card issued by the | 
      
        |  | Texas Department of Criminal Justice. | 
      
        |  | SECTION 7.  Section 2.006, Family Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 2.006.  ABSENT APPLICANT.  (a)  If an applicant is | 
      
        |  | unable to appear personally before the county clerk or to appear | 
      
        |  | personally or by telephone or electronic means before the | 
      
        |  | certifying official to apply for a marriage license, any adult | 
      
        |  | person or the other applicant may apply on behalf of the absent | 
      
        |  | applicant. | 
      
        |  | (b)  The person applying on behalf of an absent applicant | 
      
        |  | shall provide to the clerk or certifying official: | 
      
        |  | (1)  notwithstanding Section 132.001, Civil Practice | 
      
        |  | and Remedies Code, the notarized affidavit of the absent applicant | 
      
        |  | as provided by this subchapter; | 
      
        |  | (2)  proof of the identity and age of the absent | 
      
        |  | applicant under Section 2.005(b); and | 
      
        |  | (3)  if required because the absent applicant is a | 
      
        |  | person under 18 years of age, documents establishing that a prior | 
      
        |  | marriage has been dissolved, a court order authorizing the marriage | 
      
        |  | of the absent, underage applicant, or documents establishing | 
      
        |  | consent by a parent or a person who has legal authority to consent | 
      
        |  | to the marriage, including: | 
      
        |  | (A)  proof of identity of the parent or person | 
      
        |  | with legal authority to consent to the marriage under Section | 
      
        |  | 2.005(b); and | 
      
        |  | (B)  proof that the parent or person has the legal | 
      
        |  | authority to consent to the marriage for the applicant under rules | 
      
        |  | adopted under Section 2.102(j). | 
      
        |  | (c)  Notwithstanding Subsection (a), the clerk or certifying | 
      
        |  | official may not issue a marriage license for which both applicants | 
      
        |  | are absent unless the person applying on behalf of each absent | 
      
        |  | applicant provides to the clerk or certifying official an affidavit | 
      
        |  | of the applicant declaring that the applicant is a member of the | 
      
        |  | armed forces of the United States stationed in another country in | 
      
        |  | support of combat or another military operation. | 
      
        |  | SECTION 8.  Section 2.007, Family Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit of | 
      
        |  | an absent applicant must include: | 
      
        |  | (1)  the absent applicant's full name, including the | 
      
        |  | maiden surname of a female applicant, address, date of birth, place | 
      
        |  | of birth, including city, county, and state, citizenship, and | 
      
        |  | social security number, if any; | 
      
        |  | (2)  a declaration that the absent applicant has not | 
      
        |  | been divorced within the last 30 days; | 
      
        |  | (3)  a declaration that the absent applicant is: | 
      
        |  | (A)  not presently married; or | 
      
        |  | (B)  married to the other applicant and they wish | 
      
        |  | to marry again; | 
      
        |  | (4)  a declaration that the other applicant is not | 
      
        |  | presently married and is not related to the absent applicant as: | 
      
        |  | (A)  an ancestor or descendant, by blood or | 
      
        |  | adoption; | 
      
        |  | (B)  a brother or sister, of the whole or half | 
      
        |  | blood or by adoption; | 
      
        |  | (C)  a parent's brother or sister, of the whole or | 
      
        |  | half blood or by adoption; | 
      
        |  | (D)  a son or daughter of a brother or sister, of | 
      
        |  | the whole or half blood or by adoption; | 
      
        |  | (E)  a current or former stepchild or stepparent; | 
      
        |  | or | 
      
        |  | (F)  a son or daughter of a parent's brother or | 
      
        |  | sister, of the whole or half blood or by adoption; | 
      
        |  | (5)  a declaration that the absent applicant desires to | 
      
        |  | marry and the name, age, and address of the person to whom the | 
      
        |  | absent applicant desires to be married; | 
      
        |  | (6)  the approximate date on which the marriage is to | 
      
        |  | occur; | 
      
        |  | (7)  the reason the absent applicant is unable to | 
      
        |  | appear personally before the county clerk or to appear personally | 
      
        |  | or by telephone or electronic means before the certifying official | 
      
        |  | for the issuance of the license; and | 
      
        |  | (8)  the appointment of any adult, other than the other | 
      
        |  | applicant, to act as proxy for the purpose of participating in the | 
      
        |  | ceremony, if the absent applicant is: | 
      
        |  | (A)  a member of the armed forces of the United | 
      
        |  | States stationed in another country in support of combat or another | 
      
        |  | military operation; and | 
      
        |  | (B)  unable to attend the ceremony. | 
      
        |  | SECTION 9.  Section 2.0071, Family Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 2.0071.  MAINTENANCE OF RECORDS BY CLERK RELATING TO | 
      
        |  | LICENSE FOR ABSENT APPLICANT.  If a [ A] county clerk or certifying | 
      
        |  | official [ who] issues a marriage license for an absent applicant, | 
      
        |  | the clerk shall maintain the affidavit of the absent applicant and | 
      
        |  | the application for the marriage license in the same manner that the | 
      
        |  | clerk maintains an application for a marriage license submitted by | 
      
        |  | two applicants in person. | 
      
        |  | SECTION 10.  Section 2.008, Family Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 2.008.  CERTIFICATION [ EXECUTION] OF APPLICATION [BY  | 
      
        |  | CLERK].  (a)  The county clerk or certifying official shall: | 
      
        |  | (1)  determine that all necessary information, other | 
      
        |  | than the date of the marriage ceremony, the county in which the | 
      
        |  | ceremony is conducted, and the name of the person who performs the | 
      
        |  | ceremony, is recorded on the application and that all necessary | 
      
        |  | documents are submitted; | 
      
        |  | (2)  administer the oath to each applicant appearing | 
      
        |  | personally before the clerk or appearing personally or by telephone | 
      
        |  | or electronic means before the certifying official; and | 
      
        |  | (3)  ensure that [ have] each applicant appearing | 
      
        |  | personally before the clerk or appearing personally or by telephone | 
      
        |  | or electronic means before the certifying official has signed | 
      
        |  | [ sign] the application. | 
      
        |  | (a-1)  If the county clerk certifies the application, the | 
      
        |  | clerk shall [ in the clerk's presence; and | 
      
        |  | [ (4)]  execute the clerk's certificate on the | 
      
        |  | application.  If a certifying official certifies the application, | 
      
        |  | the certifying official shall: | 
      
        |  | (1)  include on the application: | 
      
        |  | (A)  the county to which the marriage license is | 
      
        |  | to be returned; and | 
      
        |  | (B)  the name, job title, and signature of the | 
      
        |  | certifying official; and | 
      
        |  | (2)  return the certified application and any | 
      
        |  | supporting documentation by facsimile or electronic or other means | 
      
        |  | to the county clerk. | 
      
        |  | (a-2)  If the county clerk has given notice under Section | 
      
        |  | 2.603 that the clerk is unwilling to certify the application, | 
      
        |  | administer the oath, and issue the license, and the deputy clerk is | 
      
        |  | not performing those functions in that county, the clerk shall | 
      
        |  | provide the applicants with notice of any certifying officials | 
      
        |  | serving in that county.  If no certifying official is located in the | 
      
        |  | county, the county clerk shall provide the applicants with contact | 
      
        |  | information for a certifying official designated under Section | 
      
        |  | 81.035, Local Government Code. | 
      
        |  | (a-3)  In the event an applicant is referred to a certifying | 
      
        |  | official located outside the county under Subsection (a-2), the | 
      
        |  | applicant may submit the completed application and all supporting | 
      
        |  | documentation to the applicable certifying official via facsimile | 
      
        |  | or electronic or other means.  A certifying official described by | 
      
        |  | this subsection shall: | 
      
        |  | (1)  determine that all necessary information, other | 
      
        |  | than the date of the marriage ceremony, the county in which the | 
      
        |  | ceremony is conducted, and the name of the person who performs the | 
      
        |  | ceremony, is recorded on the application and that all necessary | 
      
        |  | documents are submitted; | 
      
        |  | (2)  administer the oath to each applicant, which may | 
      
        |  | be accomplished telephonically or electronically; | 
      
        |  | (3)  ensure that each applicant appearing by telephone | 
      
        |  | or electronic means before the certifying official has signed the | 
      
        |  | application; | 
      
        |  | (4)  certify the application and include on the | 
      
        |  | application: | 
      
        |  | (A)  the county to which the marriage license is | 
      
        |  | to be returned; and | 
      
        |  | (B)  the name, job title, signature, and location | 
      
        |  | of the certifying official; and | 
      
        |  | (5)  return the certified application and any | 
      
        |  | supporting documentation by facsimile or electronic or other means | 
      
        |  | to the appropriate county clerk. | 
      
        |  | (b)  A person appearing before the clerk or certifying | 
      
        |  | official on behalf of an absent applicant is not required to take | 
      
        |  | the oath on behalf of the absent applicant. | 
      
        |  | SECTION 11.  Section 2.009, Family Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 2.009.  ISSUANCE OF LICENSE.  (a)  Except as provided | 
      
        |  | by Subsections (b) and (d), the county clerk or certifying official | 
      
        |  | may not issue a license if either applicant: | 
      
        |  | (1)  fails to provide the information required by this | 
      
        |  | subchapter; | 
      
        |  | (2)  fails to submit proof of age and identity; | 
      
        |  | (3)  is under 16 years of age and has not been granted a | 
      
        |  | court order as provided by Section 2.103; | 
      
        |  | (4)  is 16 years of age or older but under 18 years of | 
      
        |  | age and has not presented at least one of the following: | 
      
        |  | (A)  parental consent as provided by Section | 
      
        |  | 2.102; | 
      
        |  | (B)  documents establishing that a prior marriage | 
      
        |  | of the applicant has been dissolved; or | 
      
        |  | (C)  a court order as provided by Section 2.103; | 
      
        |  | (5)  checks "false" in response to a statement in the | 
      
        |  | application, except as provided by Subsection (b) or (d), or fails | 
      
        |  | to make a required declaration in an affidavit required of an absent | 
      
        |  | applicant; or | 
      
        |  | (6)  indicates that the applicant has been divorced | 
      
        |  | within the last 30 days, unless: | 
      
        |  | (A)  the applicants were divorced from each other; | 
      
        |  | or | 
      
        |  | (B)  the prohibition against remarriage is waived | 
      
        |  | as provided by Section 6.802. | 
      
        |  | (b)  If an applicant checks "false" in response to the | 
      
        |  | statement "I am not presently married and the other applicant is not | 
      
        |  | presently married," the county clerk or certifying official shall | 
      
        |  | inquire as to whether the applicant is presently married to the | 
      
        |  | other applicant.  If the applicant states that the applicant is | 
      
        |  | currently married to the other applicant, the county clerk or | 
      
        |  | certifying official shall record that statement on the license | 
      
        |  | [ before the administration of the oath].  The county clerk or | 
      
        |  | certifying official may not refuse to issue a license on the ground | 
      
        |  | that the applicants are already married to each other. | 
      
        |  | (c)  On the proper certification [ execution] of the | 
      
        |  | application, the clerk or certifying official, as applicable, | 
      
        |  | shall: | 
      
        |  | (1)  prepare the license; | 
      
        |  | (2)  enter on the license the names of the licensees, | 
      
        |  | the date that the license is issued, and, if applicable, the name of | 
      
        |  | the person appointed to act as proxy for an absent applicant, if | 
      
        |  | any; | 
      
        |  | (3)  record the time at which the license was issued; | 
      
        |  | (4)  give [ distribute to] each applicant [written] | 
      
        |  | notice in writing or by facsimile or electronic or other means of | 
      
        |  | the online location of the information prepared under Section 2.010 | 
      
        |  | regarding acquired immune deficiency syndrome (AIDS) and human | 
      
        |  | immunodeficiency virus (HIV) and note on the license that the | 
      
        |  | notice [ distribution] was given [made]; and | 
      
        |  | (5)  inform each applicant, in person or by telephone | 
      
        |  | or electronic means: | 
      
        |  | (A)  that a premarital education handbook | 
      
        |  | developed by the child support division of the office of the | 
      
        |  | attorney general under Section 2.014 is available on the child | 
      
        |  | support division's Internet website; or | 
      
        |  | (B)  if the applicant does not have Internet | 
      
        |  | access, how the applicant may obtain a paper copy of the handbook | 
      
        |  | described by Paragraph (A). | 
      
        |  | (d)  The county clerk or certifying official may not refuse | 
      
        |  | to issue a license to an applicant on the ground that the applicant | 
      
        |  | checked "false" in response to the statement "I am not presently | 
      
        |  | delinquent in the payment of court-ordered child support." | 
      
        |  | SECTION 12.  Section 2.012, Family Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 2.012.  VIOLATION OF SUBCHAPTER [ BY COUNTY CLERK]; | 
      
        |  | PENALTY.  (a)  A county clerk, [ or] deputy county clerk, or | 
      
        |  | certifying official who violates or fails to comply with this | 
      
        |  | subchapter commits an offense. | 
      
        |  | (b)  An offense under this section is a Class C misdemeanor | 
      
        |  | punishable by a fine of [ not less than $200 and] not more than $500. | 
      
        |  | SECTION 13.  Section 2.101, Family Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 2.101.  GENERAL AGE REQUIREMENT.  Except as otherwise | 
      
        |  | provided by this subchapter or on a showing that a prior marriage | 
      
        |  | has been dissolved, a county clerk or certifying official may not | 
      
        |  | issue a marriage license if either applicant is under 18 years of | 
      
        |  | age. | 
      
        |  | SECTION 14.  Sections 2.102(a), (b), and (c), Family Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  If an applicant is 16 years of age or older but under 18 | 
      
        |  | years of age, the county clerk or certifying official shall issue | 
      
        |  | the license if parental consent is given as provided by this | 
      
        |  | section. | 
      
        |  | (b)  Parental consent must be evidenced by a written | 
      
        |  | declaration on a form supplied by the county clerk or certifying | 
      
        |  | official in which the person consents to the marriage and swears | 
      
        |  | that the person is a parent (if there is no person who has the | 
      
        |  | court-ordered right to consent to marriage for the applicant) or a | 
      
        |  | person who has the court-ordered right to consent to marriage for | 
      
        |  | the applicant (whether an individual, authorized agency, or court). | 
      
        |  | (c)  Except as otherwise provided by this section, consent | 
      
        |  | must be acknowledged before a county clerk or certifying official. | 
      
        |  | Consent may be acknowledged by telephone or electronic means if the | 
      
        |  | certifying official is not in the same county as the applicant. | 
      
        |  | SECTION 15.  Section 2.202, Family Code, is amended by | 
      
        |  | adding Subsection (e) to read as follows: | 
      
        |  | (e)  A person authorized to conduct a marriage ceremony under | 
      
        |  | this section may decline to conduct a marriage ceremony and, unless | 
      
        |  | the person declines to conduct the ceremony for a reason prohibited | 
      
        |  | under Section 2.205: | 
      
        |  | (1)  the person is not subject to an administrative or | 
      
        |  | civil penalty imposed by this state, an agency of this state, or a | 
      
        |  | political subdivision of this state; and | 
      
        |  | (2)  a civil cause of action may not be brought against | 
      
        |  | the person based on the person's refusal to conduct the marriage | 
      
        |  | ceremony. | 
      
        |  | SECTION 16.  Section 2.204(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The 72-hour waiting period after issuance of a marriage | 
      
        |  | license does not apply to an applicant who: | 
      
        |  | (1)  is a member of the armed forces of the United | 
      
        |  | States and on active duty; | 
      
        |  | (2)  is not a member of the armed forces of the United | 
      
        |  | States but performs work for the United States Department of | 
      
        |  | Defense as a department employee or under a contract with the | 
      
        |  | department; | 
      
        |  | (3)  obtains a written waiver under Subsection (c); or | 
      
        |  | (4)  completes a premarital education course described | 
      
        |  | by Section 2.013, and who provides to the county clerk or certifying | 
      
        |  | official a premarital education course completion certificate | 
      
        |  | indicating completion of the premarital education course not more | 
      
        |  | than one year before the date the marriage license application is | 
      
        |  | filed with the clerk or certifying official. | 
      
        |  | SECTION 17.  Section 2.206(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The person who conducts a marriage ceremony shall record | 
      
        |  | on the license the date on which and the county in which the | 
      
        |  | ceremony is performed and the person's name, subscribe the license, | 
      
        |  | and return the license to the county clerk of the county that is | 
      
        |  | designated on the license [ who issued it] not later than the 30th | 
      
        |  | day after the date the ceremony is conducted. | 
      
        |  | SECTION 18.  Section 2.207(a), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A person who is to conduct a marriage ceremony shall | 
      
        |  | determine whether the license has expired from the date of | 
      
        |  | certification of [ county clerk's endorsement on] the license. | 
      
        |  | SECTION 19.  Section 2.209(b), Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  If a marriage license [ issued by a county clerk] is | 
      
        |  | lost, destroyed, or rendered useless, the clerk or applicable | 
      
        |  | certifying official shall issue a duplicate license. | 
      
        |  | SECTION 20.  The heading to Subchapter G, Chapter 2, Family | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER G.  FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING, | 
      
        |  | LICENSING, OR PERFORMING CERTAIN MARRIAGES | 
      
        |  | SECTION 21.  Subchapter G, Chapter 2, Family Code, is | 
      
        |  | amended by adding Section 2.603 to read as follows: | 
      
        |  | Sec. 2.603.  REFUSAL BY COUNTY CLERK; DESIGNATION OF | 
      
        |  | CERTIFYING OFFICIAL.  (a)  If a county clerk has a sincerely held | 
      
        |  | religious belief that conflicts with the clerk's ability to fulfill | 
      
        |  | the clerk's duties with regard to certifying an application for a | 
      
        |  | marriage license, administering the oath for a marriage license, | 
      
        |  | and issuing the license, the clerk shall notify the commissioners | 
      
        |  | court of the county of that belief in writing. | 
      
        |  | (b)  A county clerk may not be required to certify an | 
      
        |  | application for a marriage license, administer the oath, or issue | 
      
        |  | the license if the clerk has made the notification under Subsection | 
      
        |  | (a). | 
      
        |  | (c)  On receipt of a notification under Subsection (a), the | 
      
        |  | commissioners court shall: | 
      
        |  | (1)  ensure that a deputy clerk or other certifying | 
      
        |  | official is available in that county to certify an application for a | 
      
        |  | marriage license, administer the oath, and issue the license; or | 
      
        |  | (2)  if there is an insufficient number of certifying | 
      
        |  | officials willing or available in that county, provide for one or | 
      
        |  | more certifying officials under Section 81.035, Local Government | 
      
        |  | Code. | 
      
        |  | SECTION 22.  Subchapter B, Chapter 81, Local Government | 
      
        |  | Code, is amended by adding Section 81.035 to read as follows: | 
      
        |  | Sec. 81.035.  CERTIFYING OFFICIAL FOR APPLICATION FOR | 
      
        |  | MARRIAGE LICENSE.  On receipt of a notification under Section | 
      
        |  | 2.603, Family Code, a commissioners court shall designate one or | 
      
        |  | more county employees or employ or contract with one or more | 
      
        |  | individuals to certify applications for marriage licenses, | 
      
        |  | administer oaths for a marriage license, and issue licenses as | 
      
        |  | provided by Section 2.0002, Family Code.  A certifying official | 
      
        |  | designated, employed, or contracted with under this section is not | 
      
        |  | required to be an employee of the county and is not required to be | 
      
        |  | located in the county. | 
      
        |  | SECTION 23.  Sections 118.018(b-1) and (c), Local Government | 
      
        |  | Code, are amended to read as follows: | 
      
        |  | (b-1)  The county clerk or certifying official shall issue a | 
      
        |  | marriage license without collecting a marriage license fee from an | 
      
        |  | applicant who: | 
      
        |  | (1)  completes a premarital education course described | 
      
        |  | by Section 2.013, Family Code; and | 
      
        |  | (2)  provides to the county clerk or certifying | 
      
        |  | official a premarital education course completion certificate | 
      
        |  | indicating completion of the premarital education course not more | 
      
        |  | than one year before the date the marriage license application is | 
      
        |  | filed with the clerk or certifying official. | 
      
        |  | (c)  A person applying for a marriage license may make a | 
      
        |  | voluntary contribution of $5 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.  A county clerk or certifying official shall | 
      
        |  | collect the additional voluntary contribution under this section. | 
      
        |  | SECTION 24.  Section 118.022, Local Government Code, is | 
      
        |  | amended by adding Subsection (a-1) to read as follows: | 
      
        |  | (a-1)  If a certifying official collects the fee for issuing | 
      
        |  | a marriage license, the certifying official shall remit the fee to | 
      
        |  | the county clerk of the county to which the marriage license was | 
      
        |  | returned.  The county clerk shall deposit the fee in the manner | 
      
        |  | described by Subsection (a). | 
      
        |  | SECTION 25.  Sections 194.0011(a), (b), and (d), Health and | 
      
        |  | Safety Code, are amended to read as follows: | 
      
        |  | (a)  The executive commissioner by rule shall prescribe the | 
      
        |  | format and content of the department form used for the marriage | 
      
        |  | license application.  The executive commissioner may not prescribe | 
      
        |  | a form that requires a county clerk to personally certify the | 
      
        |  | application, administer the oath for a marriage license, or issue | 
      
        |  | the marriage license.  The executive commissioner may prescribe a | 
      
        |  | form that requires that a certifying official perform those | 
      
        |  | functions as provided by Section 2.0002, Family Code. | 
      
        |  | (b)  The vital statistics unit shall print and distribute the | 
      
        |  | department forms to each county clerk throughout the state.  On | 
      
        |  | request, the vital statistics unit shall provide the department | 
      
        |  | forms to a certifying official. | 
      
        |  | (d)  A county clerk or certifying official may reproduce the | 
      
        |  | department form locally. | 
      
        |  | SECTION 26.  This Act takes effect September 1, 2017. | 
      
        |  |  | 
      
        |  | * * * * * |