Texas Laws - Family Code (pg. 10)
Sec. 2.405. Violation By County Clerk; Penalty.

pg. 10

Texas Laws | Family Code
FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP

(e) At the time the parties sign the declaration, the clerk shall distribute to each party printed materials about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV). The clerk shall note on the declaration that the distribution was made. The materials shall be prepared and provided to the clerk by the Texas Department of Health and shall be designed to inform the parties about: ⁽⁴¹¹⁾

(1) the incidence and mode of transmission of AIDS and HIV; ⁽⁴¹²⁾

(2) the local availability of medical procedures, including voluntary testing, designed to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and ⁽⁴¹³⁾

(3) available and appropriate counseling services regarding AIDS and HIV infection. ⁽⁴¹⁴⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 2, eff. Sept. 1, 1997. ⁽⁴¹⁵⁾

Amended by: ⁽⁴¹⁶⁾

Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 8, eff. September 1, 2009. ⁽⁴¹⁷⁾

Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 9, eff. September 1, 2009. ⁽⁴¹⁸⁾

A county clerk or deputy county clerk who violates this subchapter commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500. ⁽⁴²⁰⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. ⁽⁴²¹⁾

SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES ⁽⁴²²⁾(Text)

(a) Each spouse has the duty to support the other spouse. ⁽⁴²⁴⁾

(b) A spouse who fails to discharge the duty of support is liable to any person who provides necessaries to the spouse to whom support is owed. ⁽⁴²⁵⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. ⁽⁴²⁶⁾

SUBCHAPTER G. FREEDOM OF RELIGION WITH RESPECT TO RECOGNIZING OR PERFORMING CERTAIN MARRIAGES ⁽⁴²⁷⁾(Text)

A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief. ⁽⁴²⁹⁾

Added by Acts 2015, 84th Leg., R.S., Ch. 434 (S.B. 2065), Sec. 1, eff. June 11, 2015. ⁽⁴³⁰⁾

A refusal to provide services, accommodations, facilities, goods, or privileges under Section 2.601 is not the basis for a civil or criminal cause of action or any other action by this state or a political subdivision of this state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any protected organization or individual. ⁽⁴³²⁾

Added by Acts 2015, 84th Leg., R.S., Ch. 434 (S.B. 2065), Sec. 1, eff. June 11, 2015. ⁽⁴³³⁾

SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES ⁽⁴³⁴⁾(Text)

CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES ⁽⁴³⁵⁾(Text)

SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY ⁽⁴³⁶⁾(Text)

A spouse's separate property consists of: ⁽⁴³⁸⁾

(1) the property owned or claimed by the spouse before marriage; ⁽⁴³⁹⁾

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and ⁽⁴⁴⁰⁾

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. ⁽⁴⁴¹⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. ⁽⁴⁴²⁾

Community property consists of the property, other than separate property, acquired by either spouse during marriage. ⁽⁴⁴⁴⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. ⁽⁴⁴⁵⁾

(a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. ⁽⁴⁴⁷⁾

(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence. ⁽⁴⁴⁸⁾

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. ⁽⁴⁴⁹⁾

(a) A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, or one of them, reside and in the county or counties in which the real property is located. ⁽⁴⁵¹⁾

(b) A schedule of a spouse's separate real property is not constructive notice to a good faith purchaser for value or a creditor without actual notice unless the instrument is acknowledged and recorded in the deed records of the county in which the real property is located. ⁽⁴⁵²⁾

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