| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
Relating to the issuance,
enforcement, and recognition of marriage licenses and declarations of informal
marriage.
No significant fiscal implication to the State is anticipated.
The bill would create Section 1.109, Family Code, to prohibit
state or local funds from being used for licensing a same-sex marriage or a
declaration of informal marriage; prohibit state or local government employees
from recognizing, granting, or enforcing a same-sex marriage license or
declaration of informal marriage; and prohibit state or local funds being used
to enforce an order requiring the issuance or recognition of a same-sex
marriage license or declaration of informal marriage.
The bill
would amend Section 194.001, Health and Safety Code, to prohibit a county clerk
from filing with the Department of State Health Services (DSHS), and DSHS from
entering into the vital statistics system, a copy of completed marriage license
or declaration of informal marriage for a same-sex couple. The bill would
require DSHS to provide any submitted copies to the Office of Attorney General.
The bill
would amend Section 118.018, Local Government Code, to require any county that
collects a fee for issuing a marriage license for a same sex marriage to remit
$30 for each same-sex marriage license issued to the Comptroller of Public
Accounts. The Comptroller of Public Accounts would deposit those funds to
General Revenue. The bill would amend Section 118.019, Local Government Code,
to require any county that executes a declaration of informal marriage for a
same sex couple to remit $12.50 for each same-sex informal declaration of
marriage executed to the Comptroller of Public Accounts. The Comptroller of
Public Accounts would deposit those funds to General Revenue.
The fiscal analysis by the Legislative Budget Board provides
a sufficient explanation of what this bill would do.
We refrain from commenting on this legislation due to the
social issues at play. For this reason, we stand neutral on HB 4105.