By: Bell H.B. No. 623 A BILL TO BE ENTITLED AN ACT relating to the funding, issuing, and litigation of certain marriage licenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the Preservation of Sovereignty and Marriage Act. SECTION 2. Section 2.001, Family Code, is amended to read as follows: (c) State or local taxpayer funds or governmental salaries may not be used for an activity that includes the licensing or support of same-gender marriage. (d) A state or local governmental employee officially may not recognize, grant, or enforce a same-gender marriage license. If an employee violates this subsection, the employee may not continue to receive a salary, pension, or other employee benefit at the expense of the taxpayers of this State. (e) Taxes or public funds may not be utilized to enforce a court order requiring the issuance or recognition of a same-gender marriage license. (f) A court of this State shall dismiss a legal action challenging a provision of this section and shall award costs and attorney's fees to a person or entity named as a defendant in the legal action. (g) A person employed by this State or a local governmental entity who violates or interferes with the implementation of this section may not continue to receive a salary, pension, or other employee benefit. (h) The State is not subject to suit in law or equity pursuant to the eleventh amendment of the United States Constitution for complying with the provisions of this section, regardless of a contrary federal court ruling. SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this Act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this Act, the legislature hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. All constitutionally valid applications of this Act shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the legislature's intent and priority that the valid applications be allowed to stand alone. SECTION 4. 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, 2015. |
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