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 REPRESENTED TO   OTHERS THAT WE WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE   OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS   DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS   CORRECT.";                (6)  spaces immediately below the printed declaration   and oath for the parties' signatures; and                (7)  a certificate of the county clerk that the parties   made the declaration and oath and the place and date it was made.          SECTION 1.07.  Section 3.401, Family Code, is amended by   adding Subdivision (1-a) and amending Subdivisions (4) and (5) to   read as follows:                (1-a)  "Civil union" means any relationship status   other than marriage that:                      (A)  is intended as an alternative to marriage or   applies primarily to cohabitating persons; and                      (B)  grants to the parties of the relationship   legal protections, benefits, or responsibilities granted to the   spouses of a marriage.                (4)  "Marital estate" means one of three estates:                      (A)  the community property owned by the spouses   together and referred to as the community marital estate; or                      (B)  the separate property owned individually by   each spouse [the husband] and referred to as a separate marital   estate[; or                      [(C) the separate property owned individually by   the wife, also referred to as a separate marital estate].                (5)  "Spouse" means one of the two individuals who are   the parties to:                      (A)  a marriage; or                      (B)  [a husband, who is a man, or a wife, who is a   woman.  A member of] a civil union [or similar relationship] entered   into in another state [between persons of the same sex is not a   spouse].          SECTION 1.08.  Section 6.202(b), Family Code, is amended to   read as follows:          (b)  The later marriage that is void under this section   becomes valid when the prior marriage is dissolved if, after the   date of the dissolution, the parties have lived together as spouses   [husband and wife] and represented themselves to others as being   married.          SECTION 1.09.  Section 6.203, Family Code, is amended to   read as follows:          Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED. Except for a   marriage that would have been void under Section 6.201, a marriage   that was entered into before January 1, 1970, in violation of the   prohibitions of Article 496, Penal Code of Texas, 1925, is   validated from the date the marriage commenced if the parties   continued until January 1, 1970, to live together as spouses   [husband and wife] and to represent themselves to others as being   married.          SECTION 1.10.  Section 6.704, Family Code, is amended to   read as follows:          Sec. 6.704.  TESTIMONY OF SPOUSE [HUSBAND OR WIFE].  (a)  In   a suit for dissolution of a marriage, each spouse is a [the husband   and wife are] competent witness [witnesses] for and against the   [each] other spouse.  A spouse may not be compelled to testify as to   a matter that will incriminate the spouse.          (b)  If a spouse [the husband or wife] testifies, the court   or jury trying the case shall determine the credibility of the   witness and the weight to be given the witness's testimony.          SECTION 1.11.  Chapter 51, Family Code, is amended by adding   Section 51.015 to read as follows:          Sec. 51.015.  CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.     When necessary to implement the rights and duties of spouses or   parents 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 1.12.  Chapter 101, Family Code, is amended by   adding Section 101.0012 to read as follows:          Sec. 101.0012.  CONSTRUCTION OF GENDER-SPECIFIC   TERMINOLOGY.  When necessary to implement the rights and duties of   spouses or parents 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 1.13.  Section 108.009(b), Family Code, is amended   to read as follows:          (b)  The new certificate may not show that a parent-child   [the father and child] relationship was established after the   child's birth but may show the child's actual place and date of   birth.          SECTION 1.14.  Section 152.310(d), Family Code, is amended   to read as follows:          (d)  A privilege against disclosure of communications   between spouses and a defense of immunity based on the relationship   of spouses [husband and wife] or parent and child may not be invoked   in a proceeding under this subchapter.          SECTION 1.15.  Section 153.312(b), Family Code, is amended   to read as follows:          (b)  The following provisions govern possession of the child   for vacations and certain specific holidays and supersede   conflicting weekend or Thursday periods of possession.  The   possessory conservator and the managing conservator shall have   rights of possession of the child as follows:                (1)  the possessory conservator shall have possession   in even-numbered years, beginning at 6 p.m. on the day the child is   dismissed from school for the school's spring vacation and ending   at 6 p.m. on the day before school resumes after that vacation, and   the managing conservator shall have possession for the same period   in odd-numbered years;                (2)  if a possessory conservator:                      (A)  gives the managing conservator written   notice by April 1 of each year specifying an extended period or   periods of summer possession, the possessory conservator shall have   possession of the child for 30 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day; or                      (B)  does not give the managing conservator   written notice by April 1 of each year specifying an extended period   or periods of summer possession, the possessory conservator shall   have possession of the child for 30 consecutive days beginning at 6   p.m. on July 1 and ending at 6 p.m. on July 31;                (3)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year, the managing   conservator shall have possession of the child on any one weekend   beginning Friday at 6 p.m. and ending at 6 p.m. on the following   Sunday during one period of possession by the possessory   conservator under Subdivision (2), provided that the managing   conservator picks up the child from the possessory conservator and   returns the child to that same place; and                (4)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year or gives the   possessory conservator 14 days' written notice on or after April 16   of each year, the managing conservator may designate one weekend   beginning not earlier than the day after the child's school is   dismissed for the summer vacation and ending not later than seven   days before school resumes at the end of the summer vacation, during   which an otherwise scheduled weekend period of possession by the   possessory conservator will not take place, provided that the   weekend designated does not interfere with the possessory   conservator's period or periods of extended summer possession or   with Father's Day if the possessory conservator is a [the] father of   the child who is entitled to possession of the child for Father's   Day weekend that year.          SECTION 1.16.  Sections 153.313 and 153.314, Family Code,   are amended to read as follows:          Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART. If   the possessory conservator resides more than 100 miles from the   residence of the child, the possessory conservator shall have the   right to possession of the child as follows:                (1)  either regular weekend possession beginning on the   first, third, and fifth Friday as provided under the terms   applicable to parents who reside 100 miles or less apart or not more   than one weekend per month of the possessory conservator's choice   beginning at 6 p.m. on the day school recesses for the weekend and   ending at 6 p.m. on the day before school resumes after the weekend,   provided that the possessory conservator gives the managing   conservator 14 days' written or telephonic notice preceding a   designated weekend, and provided that the possessory conservator   elects an option for this alternative period of possession by   written notice given to the managing conservator within 90 days   after the parties begin to reside more than 100 miles apart, as   applicable;                (2)  each year beginning at 6 p.m. on the day the child   is dismissed from school for the school's spring vacation and   ending at 6 p.m. on the day before school resumes after that   vacation;                (3)  if the possessory conservator:                      (A)  gives the managing conservator written   notice by April 1 of each year specifying an extended period or   periods of summer possession, the possessory conservator shall have   possession of the child for 42 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day; or                      (B)  does not give the managing conservator   written notice by April 1 of each year specifying an extended period   or periods of summer possession, the possessory conservator shall   have possession of the child for 42 consecutive days beginning at 6   p.m. on June 15 and ending at 6 p.m. on July 27;                (4)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year the managing   conservator shall have possession of the child on one weekend   beginning Friday at 6 p.m. and ending at 6 p.m. on the following   Sunday during one period of possession by the possessory   conservator under Subdivision (3), provided that if a period of   possession by the possessory conservator exceeds 30 days, the   managing conservator may have possession of the child under the   terms of this subdivision on two nonconsecutive weekends during   that time period, and further provided that the managing   conservator picks up the child from the possessory conservator and   returns the child to that same place; and                (5)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year, the managing   conservator may designate 21 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day, during which the possessory conservator may not   have possession of the child, provided that the period or periods so   designated do not interfere with the possessory conservator's   period or periods of extended summer possession or with Father's   Day if the possessory conservator is a [the] father of the child who   is entitled to possession of the child for Father's Day weekend that   year.          Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE   PARENTS RESIDE APART. The following provisions govern possession   of the child for certain specific holidays and supersede   conflicting weekend or Thursday periods of possession without   regard to the distance the parents reside apart.  The possessory   conservator and the managing conservator shall have rights of   possession of the child as follows:                (1)  the possessory conservator shall have possession   of the child in even-numbered years beginning at 6 p.m. on the day   the child is dismissed from school for the Christmas school   vacation and ending at noon on December 28, and the managing   conservator shall have possession for the same period in   odd-numbered years;                (2)  the possessory conservator shall have possession   of the child in odd-numbered years beginning at noon on December 28   and ending at 6 p.m. on the day before school resumes after that   vacation, and the managing conservator shall have possession for   the same period in even-numbered years;                (3)  the possessory conservator shall have possession   of the child in odd-numbered years, beginning at 6 p.m. on the day   the child is dismissed from school before Thanksgiving and ending   at 6 p.m. on the following Sunday, and the managing conservator   shall have possession for the same period in even-numbered years;                (4)  the parent not otherwise entitled under this   standard possession order to present possession of a child on the   child's birthday shall have possession of the child beginning at 6   p.m. and ending at 8 p.m. on that day, provided that the parent   picks up the child from the residence of the conservator entitled to   possession and returns the child to that same place;                (5)  if a conservator, the father shall have possession   of the child beginning at 6 p.m. on the Friday preceding Father's   Day and ending on Father's Day at 6 p.m., provided that, if he is not   otherwise entitled under this standard possession order to present   possession of the child, he picks up the child from the residence of   the conservator entitled to possession and returns the child to   that same place, except that if the child has two fathers appointed   as conservators, the managing conservator shall have possession of   the child for the period described by this subdivision in   even-numbered years and the possessory conservator shall have   possession of the child for that period in odd-numbered years; and                (6)  if a conservator, the mother shall have possession   of the child beginning at 6 p.m. on the Friday preceding Mother's   Day and ending on Mother's Day at 6 p.m., provided that, if she is   not otherwise entitled under this standard possession order to   present possession of the child, she picks up the child from the   residence of the conservator entitled to possession and returns the   child to that same place, except that if the child has two mothers   appointed as conservators, the managing conservator shall have   possession of the child for the period described by this   subdivision in even-numbered years and the possessory conservator   shall have possession of the child for that period in odd-numbered   years.          SECTION 1.17.  Section 159.316(i), Family Code, is amended   to read as follows:          (i)  The defense of immunity based on the relationship of   spouses [husband and wife] or of parent and child does not apply in   a proceeding under this chapter.          SECTION 1.18.  Section 162.014(a), Family Code, is amended   to read as follows:          (a)  If the joint petitioners are spouses [husband and wife]   and it would be unduly difficult for one of the petitioners to   appear at the hearing, the court may waive the attendance of that   petitioner if the other spouse is present.          SECTION 1.19.  The following provisions of the Family Code   are repealed:                (1)  Section 2.001(b); and                (2)  Section 6.204.          SECTION 1.20.  The change in law made by this article to   Section 108.009(b), Family Code, applies only to a new birth   certificate for a child born on or after the effective date of this   Act.  A new birth certificate for a child born before that date is   governed by the law in effect on the date the child was born, and the   former law is continued in effect for that purpose.          SECTION 1.21.  The changes in law made by this article to   Sections 153.312(b), 153.313, and 153.314, Family Code, apply only   to a court order providing for possession of or access to a child   rendered on or after the effective date of this Act.  A court order   rendered before the effective date of this Act is governed by the   law in effect on the date the order was rendered, and the former law   is continued in effect for that purpose.   ARTICLE 2.  AGRICULTURE CODE PROVISIONS          SECTION 2.01.  Section 72.026(c), Agriculture Code, is   amended to read as follows:          (c)  Both spouses [A husband and wife] are jointly and   severally responsible for the execution of an order under Section   72.025(c) of this code in relation to their community estate.  Each   spouse is responsible for the execution of an order in relation to   his or her separate estate.  In addition, each spouse is responsible   for the execution of an order in relation to the other spouse's   separate estate if he or she is the caretaker of premises belonging   to the separate estate of the other spouse.          SECTION 2.02.  Section 167.055(b), Agriculture Code, is   amended to read as follows:          (b)  Both spouses [A husband and wife] are jointly and   severally liable for the treatment of animals subject to treatment   that belong to their community estate.  Each spouse is responsible   for the treatment of animals belonging to that person's separate   estate, except that a spouse who is the caretaker of animals owned   by the other spouse is responsible for the treatment of the animals.   ARTICLE 3.  ALCOHOLIC BEVERAGE CODE PROVISION          SECTION 3.01.  Section 109.53, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 109.53.  CITIZENSHIP OF PERMITTEE; CONTROL OF PREMISES;   SUBTERFUGE OWNERSHIP; ETC.  A person who has not been a citizen of   Texas for a period of one year immediately preceding the filing of   the person's application therefor is not eligible to receive a   permit under this code.  No permit shall be issued to a corporation   unless the same be incorporated under the laws of the state and   unless at least 51 percent of the stock of the corporation is owned   at all times by citizens who have resided within the state for a   period of one year and who possess the qualifications required of   other applicants for permits; provided, however, that the   restrictions contained in the preceding clause shall not apply to   domestic or foreign corporations that were engaged in the legal   alcoholic beverage business in this state under charter or permit   prior to August 24, 1935.  Partnerships, firms, and associations   applying for permits shall be composed wholly of citizens   possessing the qualifications above enumerated.  Any corporation   (except carrier) holding a permit under this code which shall   violate any provisions hereof, or any rule or regulation   promulgated hereunder, shall be subject to forfeiture of its   charter and it shall be the duty of the attorney general, when any   such violation is called to the attorney general's attention, to   file a suit for such cancellation in a district court of Travis   County.  The provisions of this section that require Texas   citizenship or require incorporation in Texas do not apply to the   holders of carrier's permits.  A person may not sell, warehouse,   store or solicit orders for any liquor in any wet area without first   having procured a permit of the class required for such privilege,   or consent to the use of or allow the person's permit to be   displayed by or used by any person other than the one to whom the   permit was issued.  It is the intent of the legislature to prevent   subterfuge ownership of or unlawful use of a permit or the premises   covered by such permit; and all provisions of this code shall be   liberally construed to carry out this intent, and it shall be the   duty of the commission or the administrator to provide strict   adherence to the general policy of preventing subterfuge ownership   and related practices hereinafter declared to constitute unlawful   trade practices.  An applicant for a package store permit or a   renewal of a package store permit may not designate as "premise" and   the commission shall not approve a lesser area than that   specifically defined as "premise" in Section 11.49(a).  Every   permittee shall have and maintain exclusive occupancy and control   of the entire licensed premises in every phase of the storage,   distribution, possession, and transportation and sale of all   alcoholic beverages purchased, stored or sold on the licensed   premises.  Any device, scheme or plan which surrenders control of   the employees, premises or business of the permittee to persons   other than the permittee shall be unlawful.  No minor, unless   accompanied by his or her parent, guardian, adult spouse [husband   or adult wife], or other adult person into whose custody he or she   has been committed for the time by some court, shall knowingly be   allowed on the premises of the holder of a package store permit.     The prohibition against the presence of a minor on the premises of   the holder of a package store permit does not apply to the presence   on the premises of the holder or a person lawfully employed by the   holder.  Any package store permittee who shall be injured in the   permittee's business or property by another package store permittee   by reason of anything prohibited in this section may institute suit   in any district court in the county wherein the violation is alleged   to have occurred to require enforcement by injunctive procedures   and/or to recover threefold the damages sustained by the permittee;   plus costs of suit including a reasonable attorney's fee.  The   provisions prohibiting the licensing of only a portion of a   building as premise for a package store permit shall not apply to   hotels as already defined in this code.   ARTICLE 4.  ESTATES CODE PROVISIONS          SECTION 4.01.  Section 121.151, Estates Code, is amended to   read as follows:          Sec. 121.151.  DISTRIBUTION OF COMMUNITY   PROPERTY.  (a)  This section applies to community property,   including the proceeds of life or accident insurance that are   community property and become payable to the estate of either   spouse [the husband or wife].          (b)  If both spouses [a husband and wife] die leaving   community property but neither survives the other by 120 hours,   one-half of all community property shall be distributed as if one   spouse [the husband] had survived, and the other one-half shall be   distributed as if the other spouse [wife] had survived.          SECTION 4.02.  Section 1104.001(b), Estates Code, is amended   to read as follows:          (b)  Subsection (a) does not prohibit the joint appointment,   if the court finds it to be in the best interest of the   incapacitated person or ward, of:                (1)  spouses [a husband and wife];                (2)  joint managing conservators;                (3)  co-guardians appointed under the laws of a   jurisdiction other than this state; or                (4)  both parents of an adult who is incapacitated if   the incapacitated person:                      (A)  has not been the subject of a suit affecting   the parent-child relationship; or                      (B)  has been the subject of a suit affecting the   parent-child relationship and both of the incapacitated person's   parents were named as joint managing conservators in the suit but   are no longer serving in that capacity.   ARTICLE 5.  FINANCE CODE PROVISIONS          SECTION 5.01.  Section 65.103, Finance Code, is amended to   read as follows:          Sec. 65.103.  JOINT TENANCY ACCOUNT HELD BY SPOUSES [HUSBAND   AND WIFE].  (a)  Spouses [A husband and wife] may enter into a   savings contract that creates a joint tenancy with right of   survivorship with respect to community property deposited in a   savings account and any future additions or dividends made or   credited to the account.          (b)  An agreement under Subsection (a) must be in writing and   subscribed to by the spouses [husband and wife] but is not required   to be acknowledged.          SECTION 5.02.  Section 342.501(a), Finance Code, is amended   to read as follows:          (a)  An authorized lender may not induce or permit a person   or spouses [a husband and wife] to be directly or indirectly   obligated under more than one loan contract at any time for the   purpose or with the effect of obtaining an amount of interest   greater than the amount of interest otherwise authorized under this   chapter for a loan of that aggregate amount with a maximum interest   charge computed under Section 342.201(a), Section 342.201(e),   Section 342.252, or any combination of those sections.          SECTION 5.03.  Section 345.080(a), Finance Code, is amended   to read as follows:          (a)  A retail seller may not induce a person or spouses [a   husband and wife] to become obligated at substantially the same   time under more than one retail installment contract with the same   seller for the deliberate purpose of obtaining a greater amount of   time price differential than is permitted under this chapter for   one retail installment contract.   ARTICLE 6.  GOVERNMENT CODE PROVISIONS          SECTION 6.01.  Section 24.601(b), Government Code, is   amended to read as follows:          (b)  A family district court has primary responsibility for   cases involving family law matters.  These matters include:                (1)  adoptions;                (2)  birth records;                (3)  divorce and marriage annulment;                (4)  child welfare, custody, support and reciprocal   support, dependency, neglect, and delinquency;                (5)  parent and child; and                (6)  spouses [husband and wife].          SECTION 6.02.  Section 573.025(a), Government Code, is   amended to read as follows:          (a)  Spouses [A husband and wife] are related to each other   in the first degree by affinity.  For other relationships by   affinity, the degree of relationship is the same as the degree of   the underlying relationship by consanguinity.  For example: if two   individuals are related to each other in the second degree by   consanguinity, the spouse of one of the individuals is related to   the other individual in the second degree by affinity.          SECTION 6.03.  Section 662.071(a), Government Code, is   amended to read as follows:          (a)  May 8 is Military Spouse Appreciation Day to recognize   the role of the spouses [wives and husbands] of the brave   individuals who serve in the United States armed forces or state   military forces.  This day commemorates:                (1)  the sacrifices military spouses make during the   weeks, months, and years a loved one is away from home protecting   our freedom; and                (2)  the vital support military spouses provide to   veterans returning home from military service.          SECTION 6.04.  Sections 810.001(h) and (i), Government Code,   are repealed.   ARTICLE 7.  HEALTH AND SAFETY CODE PROVISIONS          SECTION 7.01.  Section 85.007(b), Health and Safety Code, is   amended to read as follows:          (b)  The materials in the education programs intended for   persons younger than 18 years of age must[:                [(1)] emphasize sexual abstinence before marriage and   fidelity in marriage as the expected standard in terms of public   health and the most effective ways to prevent HIV infection,   sexually transmitted diseases, and unwanted pregnancies[; and                [(2) state that homosexual conduct is not an acceptable   lifestyle and is a criminal offense under Section 21.06, Penal   Code].          SECTION 7.02.  Section 163.001(a), Health and Safety Code,   is amended to read as follows:          (a)  The department shall develop a model public health   education program suitable for school-age children and shall make   the program available to any person on request.  The program should   emphasize:                (1)  that abstinence from sexual intercourse is the   most effective protection against unwanted teenage pregnancy,   sexually transmitted diseases, and acquired immune deficiency   syndrome (AIDS) when transmitted sexually;                (2)  that abstinence from sexual intercourse outside of   [lawful] marriage is the expected societal standard for school-age   unmarried persons; and                (3)  the physical, emotional, and psychological   dangers of substance abuse, including the risk of acquired immune   deficiency syndrome (AIDS) through the sharing of needles during   intravenous drug usage.          SECTION 7.03.  Section 163.002, Health and Safety Code, is   amended to read as follows:          Sec. 163.002.  INSTRUCTIONAL ELEMENTS. Course materials and   instruction relating to sexual education or sexually transmitted   diseases should include:                (1)  an emphasis on sexual abstinence as the only   completely reliable method of avoiding unwanted teenage pregnancy   and sexually transmitted diseases;                (2)  an emphasis on the importance of self-control,   responsibility, and ethical conduct in making decisions relating to   sexual behavior;                (3)  statistics, based on the latest medical   information, that indicate the efficacy of the various forms of   contraception;                (4)  information concerning the laws relating to the   financial responsibilities associated with pregnancy, childbirth,   and child rearing;                (5)  information concerning the laws prohibiting   sexual abuse and the legal and counseling options available to   victims of sexual abuse;                (6)  information on how to cope with and rebuff   unwanted physical and verbal sexual advances, as well as the   importance of avoiding the sexual exploitation of other persons;   and                (7)  psychologically sound methods of resisting   unwanted peer pressure[; and                [(8) emphasis, provided in a factual manner and from a   public health perspective, that homosexuality is not a lifestyle   acceptable to the general public and that homosexual conduct is a   criminal offense under Section 21.06, Penal Code].          SECTION 7.04.  Section 191.0046(b), Health and Safety Code,   is amended to read as follows:          (b)  The state registrar shall issue without fee a certified   copy of a record not otherwise prohibited by law to a veteran or to   the veteran's widow or widower, orphan, or other dependent if the   copy is for use in settling a claim against the government.          SECTION 7.05.  Section 193.006(a), Health and Safety Code,   is amended to read as follows:          (a)  This section applies to the death certificate of a   person who:                (1)  served in a war, campaign, or expedition of the   United States, the Confederate States of America, or the Republic   of Texas;                (2)  was the spouse, widower, [wife] or widow of a   person who served in a war, campaign, or expedition of the United   States, the Confederate States of America, or the Republic of   Texas; or                (3)  at the time of death was in the service of the   United States.          SECTION 7.06.  Section 574.045(d), Health and Safety Code,   is amended to read as follows:          (d)  A female patient must be accompanied by a female   attendant unless the patient is accompanied by a spouse or a   relative within the first degree of consanguinity [her father,   husband, or adult brother or son].   ARTICLE 8.  PENAL CODE PROVISIONS          SECTION 8.01.  Section 21.11(b), Penal Code, is amended to   read as follows:          (b)  It is an affirmative defense to prosecution under this   section that the actor:                (1)  was not more than three years older than the victim   [and of the opposite sex];                (2)  did not use duress, force, or a threat against the   victim at the time of the offense; and                (3)  at the time of the offense:                      (A)  was not required under Chapter 62, Code of   Criminal Procedure, to register for life as a sex offender; or                      (B)  was not a person who under Chapter 62, Code of   Criminal Procedure, had a reportable conviction or adjudication for   an offense under this section.          SECTION 8.02.  Section 25.01(d), Penal Code, is amended to   read as follows:          (d)  For the purposes of this section, the lawful spouse   [wife or husband] of the actor may testify both for or against the   actor concerning proof of the original marriage.          SECTION 8.03.  Section 21.06, Penal Code, is repealed.          SECTION 8.04.  The change in law made by this article to   Section 21.11, Penal Code, applies to an offense committed on or   after the effective date of this Act and to any criminal action   pending on the effective date of this Act for an offense committed   before that effective date.  A final conviction for an offense under   Section 21.11, Penal Code, that exists on the effective date of this   Act is unaffected by this Act.   ARTICLE 9.  PROPERTY CODE PROVISION          SECTION 9.01.  Section 222.006(a), Property Code, is amended   to read as follows:          (a)  Before or at the time of the use of any promotion in   connection with the offering of a membership interest or membership   right in a membership camping resort, the person who intends to use   the promotion shall include the following information in its   advertisements to the prospective purchaser:                (1)  a statement to the effect that the promotion is   intended to solicit purchasers of membership interests or   membership rights in a membership camping resort;                (2)  the full name of the operator and seller of the   membership interest or membership right in the membership camping   resort;                (3)  if applicable, the full name and address of any   marketing company involved in the promotion of the membership   camping resort;                (4)  the complete rules of the promotion;                (5)  the method of awarding, the odds of winning, and   the approximate retail value of prizes, gifts, or other benefits   under the promotion and the date by which each prize, gift, or other   benefit will be awarded or conferred;                (6)  any restrictions, qualifications, or other   conditions that the recipient must satisfy before the recipient is   entitled to receive a prize, gift, or other benefit, including:                      (A)  any deadline by which the recipient must   visit the membership camping resort, attend the sales presentation,   or contact a seller in order to receive the prize, gift, or other   benefit;                      (B)  the date on which the offer expires; and                      (C)  any other conditions, including minimum age   qualifications, financial qualifications, or a requirement that if   the recipient is married both spouses [husband and wife] must be   present in order to receive the prize, gift, or other benefit;                (7)  if applicable, a statement that the operator or   seller reserves the right to provide a certificate with which to   redeem or claim the prize, gift, or other benefit awarded and that   the prize, gift, or other benefit shall be shipped or delivered to   the recipient within 30 days following the mailing of the   certificate; and                (8)  if applicable, a statement that the operator or   seller reserves the right to substitute a prize, gift, or other   benefit of equal value for the prize, gift, or other benefit awarded   if the item is not available to the operator or seller after the   purchaser or prospect has complied with the provisions of the   promotion.   ARTICLE 10.  EFFECTIVE DATE          SECTION 10.01.  This Act takes effect September 1, 2025.