H.B. No. 555

	AN ACT
	relating to an additional fee for issuing a marriage license to
	applicants who are not residents of this state and the form of a
	marriage license and application for a marriage license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 2.009, Family Code, is amended by adding
	Subsection (e) to read as follows:
	(e)  A license issued by a county clerk under this section:
	(1)  must identify the county in which the license is
	issued; and
	(2)  may include the name of the county clerk.
	SECTION 2.  Section 194.0011(a), Health and Safety Code, is
	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 form must:
	(1)  require identification of the county in which the
	application is submitted; and
	(2)  allow, but may not require, the name of the county
	clerk to appear on the application.
	SECTION 3.  Section 118.011(b), Local Government Code, as
	effective until September 1, 2019, is amended to read as follows:
	(b)  The county clerk may set and collect the following fee
	from any person:
	(1)  Returned Check (Sec. 118.0215) . . . . . . not
	less than $15 or more than $30
	(2)  Records Management and Preservation Fee
	(Sec. 118.0216) . . . . . . . . . . . . . . . . . . . not more
	than $10
	(3)  Mental Health Background Check for License to
	Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
	(4)  Marriage License for Out-of-State Applicants
	(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100
	SECTION 4.  Section 118.011(b), Local Government Code, as
	effective September 1, 2019, is amended to read as follows:
	(b)  The county clerk may set and collect the following fee
	from any person:
	(1)  Returned Check (Sec. 118.0215)  . . . . . . not
	less than $15 or more than $30
	(2)  Records Management and Preservation Fee (Sec.
	118.0216)  . . . . . . . . . . . . . . . . . . . . . . . not more
	than $5
	(3)  Mental Health Background Check for License to
	Carry a Handgun (Sec. 118.0217)  . . . . . not more than $2
	(4)  Marriage License for Out-of-State Applicants
	(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
	SECTION 5.  Section 118.018, Local Government Code, is
	amended by amending Subsection (b-1) and adding Subsection (d) to
	read as follows:
	(b-1)  The county clerk 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 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; and
	(3)  provides proof satisfactory to the county clerk
	that the applicant is a resident of this state.
	(d)  If neither applicant for a marriage license provides
	proof satisfactory to the county clerk that the applicant is a
	resident of this state, the county clerk may collect an additional
	fee of $100 for issuing the marriage license.
	SECTION 6.  The change in law made by this Act applies only
	to a marriage license issued on or after January 1, 2019. A
	marriage license issued before January 1, 2019, is governed by the
	law in effect immediately before the effective date of this Act, and
	the former law is continued in effect for that purpose.
	SECTION 7.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 555 was passed by the House on May 4,
	2017, by the following vote:  Yeas 136, Nays 7, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 555 on May 24, 2017, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 555 on May 28, 2017, by the following vote:  Yeas 123,
	Nays 22, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 555 was passed by the Senate, with
	amendments, on May 22, 2017, by the following vote:  Yeas 24, Nays
	7; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	555 on May 28, 2017, by the following vote:  Yeas 24, Nays 6.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor