SB1724 - Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.

  89R11997 MLH-D     By: Johnson S.B. No. 1724       A BILL TO BE ENTITLED   AN ACT   relating to certain statutory changes to reflect and address   same-sex marriages and parenting relationships and to the removal   of provisions regarding the criminality or unacceptability of   homosexual conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  FAMILY CODE PROVISIONS          SECTION 1.01.  Subchapter A, Chapter 1, Family Code, is   amended by adding Section 1.0015 to read as follows:           Sec.   1.0015.     CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.     When necessary to implement the rights and duties of spouses or   parents in a marriage between persons of the same sex under the laws   of this state, gender-specific terminology must be construed in a   neutral manner to refer to a person of either gender.          SECTION 1.02.  Section 2.001(a), Family Code, is amended to   read as follows:          (a)   Two individuals [ 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.          SECTION 1.03.  Section 2.004(b), Family Code, is amended to   read as follows:          (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 of an applicant intending to change   the applicant's surname as a result of the marriage , 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 that:                      (A)  each applicant made the oath and the date and   place that 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 1.04.  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 an [ a female ] applicant intending to change the   applicant's surname as a result of the marriage , 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 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 1.05.  Section 2.401(a), Family Code, is amended to   read as follows:          (a)  In a judicial, administrative, or other proceeding, the   marriage of two individuals [ a man and woman ] may be proved by   evidence that:                (1)  a declaration of their marriage has been signed as   provided by this subchapter; or                (2)  the individuals [ man and woman ] agreed to be   married and after the agreement they lived together in this state as   spouses [ husband and wife ] and there represented to others that   they were married.          SECTION 1.06.  Section 2.402(b), Family Code, is amended to   read as follows:          (b)  The declaration form must contain:                (1)  a heading entitled "Declaration and Registration   of Informal Marriage, ___________ County, Texas";                (2)  spaces for each party's full name, including the   [ woman's maiden ] surname of a party intending to change the party's   surname as a result of the marriage , address, date of birth, place   of birth, including city, county, and state, and social security   number, if any;                (3)  a space for indicating the type of document   tendered by each party as proof of age and identity;                (4)  printed boxes for each party to check "true" or   "false" in response to the following statement: "The other party 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.";                (5)  a printed declaration and oath reading:  "I   SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO   EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE   AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS   SPOUSES [ HUSBAND AND WIFE ] AND IN THIS STATE WE REPR [Text truncated for display. 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