HBA-SEB H.B. 2442 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2442
By: Goodman
Juvenile Justice and Family Issues
6/2/1999
Enrolled



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.  C.S.H.B.
2442 encourages applicants for a marriage license to attend a premarital
education course of at least four hours in length.  This bill lays out the
instruction for such a course and requires a county clerk to issue a
premarital education handbook to each marriage license applicant. 

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 2.009(c), Family Code, to conform to Section 1,
Chapter 698, Acts of the 75th Legislature, Regular Session, 1997, and to
amend it to require a county clerk, on proper execution of an application
for a marriage license, to distribute to each applicant a premarital
education handbook provided by the attorney general.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  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)  Encourages
each person applying for a marriage license to attend a premarital
education course of at least four hours during the year preceding the date
of the application.  

(b) Authorizes a course to be completed by personal instruction, videotape
instruction, instruction through electronic medium, or a combination of
these methods. 

(c)  Provides that a premarital education course should include instruction
in conflict management, communication skills, children and parenting
responsibilities, and financial responsibilities.   

(d)  Establishes that a course should be offered by a mental health
professional who holds at least a master's degree with a background in
family therapy or a 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. 

(e)  Authorizes each county clerk to maintain a roster of area course
providers who meet the requirements of this section, including providers
who offer the course on a sliding scale or without charge.  Authorizes 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 be listed as a course provider to
notify the county clerk of the county in which the person intends to offer
the course.  Provides that the notification must include 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.   

Sec. 2.014.  FAMILY TRUST FUND.  (a)  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.   

(b)  Establishes that money in the trust fund is derived from depositing $3
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 premarital education handbook, 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. 

(c)  Requires the premarital education handbook to be distributed to each
marriage license applicant and to contain information on conflict
management, communication skills, children and parenting responsibilities,
and financial responsibilities.   

(d)  Requires the attorney general to appoint an advisory committee to
assist in the development of the handbook.  Sets forth the composition of
the advisory committee. Provides that a member of the advisory committee is
not entitled to reimbursement of the member's expenses.   

SECTION 3.  Amends Section 118.011(a), Local Government Code, to require a
county clerk to collect $30, rather than $25, for a marriage license. 

SECTION 4.  Amends Section 118.018, Local Government Code, by adding
Subsection (c), to require a county clerk to remit $3 of a fee from a
marriage license applicant to the comptroller for deposit in the family
trust fund. 

SECTION 5.  (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 6.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 7.  Emergency clause.