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A BILL TO BE ENTITLED
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AN ACT
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relating to an additional fee for issuing a marriage license to |
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applicants who are not residents of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.011(b), Local Government Code, as |
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effective until September 1, 2019, is amended to read as follows: |
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(b) The county clerk may set and collect the following fee |
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from any person: |
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(1) Returned Check (Sec. 118.0215) . . . . . . not |
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less than $15 or more than $30 |
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(2) Records Management and Preservation Fee |
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(Sec. 118.0216) . . . . . . . . . . . . . . . . . . . not more |
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than $10 |
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(3) Mental Health Background Check for License to |
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Carry a Handgun (Sec. 118.0217) . . . . . not more than $2 |
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(4) Marriage License for Out-of-State Applicants |
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(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100 |
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SECTION 2. Section 118.011(b), Local Government Code, as |
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effective September 1, 2019, is amended to read as follows: |
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(b) The county clerk may set and collect the following fee |
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from any person: |
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(1) Returned Check (Sec. 118.0215) . . . . . . not |
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less than $15 or more than $30 |
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(2) Records Management and Preservation Fee (Sec. |
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118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more |
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than $5 |
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(3) Mental Health Background Check for License to |
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Carry a Handgun (Sec. 118.0217) . . . . . not more than $2 |
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(4) Marriage License for Out-of-State Applicants |
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(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100 |
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SECTION 3. Section 118.018, Local Government Code, is |
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amended by amending Subsection (b-1) and adding Subsection (d) to |
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read as follows: |
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(b-1) The county clerk shall issue a marriage license |
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without collecting a marriage license fee from an applicant who: |
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(1) completes a premarital education course described |
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by Section 2.013, Family Code; [and] |
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(2) provides to the county clerk a premarital |
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education course completion certificate indicating completion of |
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the premarital education course not more than one year before the |
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date the marriage license application is filed with the clerk; and |
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(3) provides proof satisfactory to the county clerk |
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that the applicant is a resident of this state. |
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(d) If neither applicant for a marriage license provides |
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proof satisfactory to the county clerk that the applicant is a |
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resident of this state, the county clerk may collect an additional |
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fee of $100 for issuing the marriage license. |
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SECTION 4. The change in law made by this Act applies only |
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to a marriage license issued on or after January 1, 2018. A |
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marriage license issued before January 1, 2018, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |