CHAPTER 2. THE MARRIAGE RELATIONSHIP

Statutes > Texas Statutes > FAMILY CODE > TITLE 1. THE MARRIAGE RELATIONSHIP > CHAPTER 2. THE MARRIAGE RELATIONSHIP

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 2. THE MARRIAGE RELATIONSHIP

SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE

Sec. 2.001. MARRIAGE LICENSE. (a) 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.

(b) A license may not be issued for the marriage of persons of

the same sex.

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

1997.

Sec. 2.002. APPLICATION FOR LICENSE. Except as provided by

Section 2.006, each person applying for a license must:

(1) appear before the county clerk;

(2) submit the person's proof of identity and age as provided by

Section 2.005(b);

(3) provide the information applicable to that person for which

spaces are provided in the application for a marriage license;

(4) mark the appropriate boxes provided in the application; and

(5) take the oath printed on the application and sign the

application before the county clerk.

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

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 1, eff. September 1, 2009.

Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. In addition to

the other requirements provided by this chapter, a person under

18 years of age applying for a license must provide to the county

clerk:

(1) documents establishing, as provided by Section 2.102,

parental consent for the person to the marriage;

(2) documents establishing that a prior marriage of the person

has been dissolved; or

(3) a court order granted under Section 2.103 authorizing the

marriage of the person.

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

1997.

Sec. 2.004. APPLICATION FORM. (a) The county clerk shall

furnish the application form as prescribed by the bureau of vital

statistics.

(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, 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;

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; and

(12) a space for the address to which the applicants desire the

completed license to be mailed.

provides false information under Subsection (b)(1), (2), (3), or

(4). An offense under this subsection is a Class C misdemeanor.

(d) An applicant commits an offense if the applicant knowingly

provides false information under Subsection (b)(5) or (6). An

offense under this subsection is a Class A misdemeanor.

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

Amended by Acts 1997, 75th Leg., ch. 776, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.05, eff. September 1, 2005.

Sec. 2.005. PROOF OF IDENTITY AND AGE. (a) The county clerk

shall require proof of the identity and age of each applicant.

(b) The proof must be established by:

(1) a driver's license or identification card issued by this

state, another state, or a Canadian province that is current or

has expired not more than two years preceding the date the

identification is submitted to the county clerk in connection

with an application for a license;

(2) a United States passport;

(3) a current passport issued by a foreign country or a consular

document issued by a state or national government;

(4) an unexpired Certificate of United States Citizenship,

Certificate of Naturalization, United States Citizen

Identification Card, Permanent Resident Card, Temporary Resident

Card, Employment Authorization Card, or other document issued by

the federal Department of Homeland Security or the United States

Department of State including an identification photograph;

(5) an unexpired military identification card for active duty,

reserve, or retired personnel with an identification photograph;

(6) an original or certified copy of a birth certificate issued

by a bureau of vital statistics for a state or a foreign

government;

(7) an original or certified copy of a Consular Report of Birth

Abroad or Certificate of Birth Abroad issued by the United States

Department of State;

(8) an original or certified copy of a court order relating to

the applicant's name change or sex change;

(9) school records from a secondary school or institution of

higher education;

(10) an insurance policy continuously valid for the two years

preceding the date of the application for a license;

(11) a motor vehicle certificate of title;

(12) military records, including documentation of release or

discharge from active duty or a draft record;

(13) an unexpired military dependent identification card;

(14) an original or certified copy of the applicant's marriage

license or divorce decree;

(15) a voter registration certificate;

(16) a pilot's license issued by the Federal Aviation

Administration or another authorized agency of the United States;

(17) a license to carry a concealed handgun under Subchapter H,

Chapter 411, Government Code;

(18) a temporary driving permit or a temporary identification

card issued by the Department of Public Safety; or

(19) an offender identification card issued by the Texas

Department of Criminal Justice.

false, fraudulent, or otherwise inaccurate proof of an

applicant's identity or age under this section. An offense under

this subsection is a Class A misdemeanor.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.06, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 2, eff. September 1, 2009.

Sec. 2.006. ABSENT APPLICANT. (a) If an applicant is unable to

appear personally before the county clerk to apply for a marriage

license, any adult person or the other applicant may apply on

behalf of the absent applicant.

(b) The person applying on behalf of an absent applicant shall

provide to the clerk:

(1) notwithstanding Section 132.001, Civil Practice and Remedies

Code, the notarized affidavit of the absent applicant as provided

by this subchapter;

(2) proof of the identity and age of the absent applicant under

Section 2.005(b); and

(3) if required because the absent applicant is a person under

18 years of age, documents establishing that a prior marriage has

been dissolved, a court order authorizing the marriage of the

absent, underage applicant, or documents establishing consent by

a parent or a person who has legal authority to consent to the

marriage, including:

(A) proof of identity of the parent or person with legal

authority to consent to the marriage under Section 2.005(b); and

(B) proof that the parent or person has the legal authority to

consent to the marriage for the applicant under rules adopted

under Section 2.102(j).

marriage license for which both applicants are absent unless the

person applying on behalf of each absent applicant provides to

the clerk an affidavit of the applicant declaring that the

applicant is:

(1) on active duty as a member of the armed forces of the United

States or the state military forces; or

(2) confined in a correctional facility, as defined by Section

1.07, Penal Code.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

947, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 3, eff. September 1, 2009.

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 a female applicant, 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;

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) if the absent applicant will be unable to attend the

ceremony, the appointment of any adult, other than the other

applicant, to act as proxy for the purpose of participating in

the ceremony.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.07, eff. September 1, 2005.

Sec. 2.008. EXECUTION OF APPLICATION BY CLERK. (a) The county

clerk shall:

(1) determine that all necessary information, other than the

date of the marriage ceremony, the county in which the ceremony

is conducted, and the name of the person who performs the

ceremony, is recorded on the application and that all necessary

documents are submitted;

(2) administer the oath to each applicant appearing before the

clerk;

(3) have each applicant appearing before the clerk sign the

application in the clerk's presence; and

(4) execute the clerk's certificate on the application.

(b) A person appearing before the clerk on behalf of an absent

applicant is not required to take the oath on behalf of the

absent applicant.

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

1997.

Sec. 2.009. ISSUANCE OF LICENSE. (a) Except as provided by

Subsections (b) and (d), the county clerk may not issue a license

if either applicant:

(1) fails to provide the information required by this

subchapter;

(2) fails to submit proof of age and identity;

(3) is under 16 years of age and has not been granted a court

order as provided by Section 2.103;

(4) is 16 years of age or older but under 18 years of age and

has not presented at least one of the following:

(A) parental consent as provided by Section 2.102;

(B) documents establishing that a prior marriage of the

applicant has been dissolved; or

(5) checks "false" in response to a statement in the

application, except as provided by Subsection (b) or (d), or

fails to make a required declaration in an affidavit required of

an absent applicant; or

(6) indicates that the applicant has been divorced within the

last 30 days, unless:

(A) the applicants were divorced from each other; or

(B) the prohibition against remarriage is waived as provided by

Section 6.802.

(b) If an applicant checks "false" in response to the statement

"I am not presently married and the other applicant is not

presently married," the county clerk shall inquire as to whether

the applicant is presently married to the other applicant. If

the applicant states that the applicant is currently married to

the other applicant, the county clerk shall record that statement

on the license before the administration of the oath. The county

clerk may not refuse to issue a license on the ground that the

applicants are already married to each other.

(1) prepare the license;

(2) enter on the license the names of the licensees, the date

that the license is issued, and, if applicable, the name of the

person appointed to act as proxy for an absent applicant, if any;

(3) record the time at which the license was issued;

(4) distribute to each applicant printed materials about

acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) and note on the license that the

distribution was made; and

(5) distribute to each applicant a premarital education handbook

provided by the attorney general under Section 2.014.

(d) The county clerk may not refuse to issue a license to an

applicant on the ground that the applicant checked "false" in

response to the statement "I am not presently delinquent in the

payment of court-ordered child support."

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

1997. Amended by Acts 1997, 75th Leg., ch. 776, Sec. 2, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.01(a), eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 185, Sec. 1, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.08, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 4, eff. September 1, 2009.

Sec. 2.010. AIDS INFORMATION. Materials providing information

about acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) shall be prepared and provided to

the clerk by the Texas Department of Health and shall be designed

to inform the applicants about:

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

(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

(3) available and appropriate counseling services regarding AIDS

and HIV infection.

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

1997.

Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. A county clerk

or deputy county clerk who violates or fails to comply with 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.

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

1997.

Sec. 2.013. PREMARITAL EDUCATION COURSES. (a) Each person

applying for a marriage license is encouraged to attend a

premarital education course of at least eight hours during the

year preceding the date of the application for the license.

(b) A premarital education course must include instruction in:

(1) conflict management;

(2) communication skills; and

(3) the key components of a successful marriage.

trained in a skills-based and research-based marriage preparation

curricula. The following individuals and organizations may

provide courses:

(1) marriage educators;

(2) clergy or their designees;

(3) licensed mental health professionals;

(4) faith-based organizations; and

(5) community-based organizations.

(d) The curricula of a premarital education course must meet the

requirements of this section and provide the skills-based and

research-based curricula of:

(1) the United States Department of Health and Human Services

healthy marriage initiative;

(2) the National Healthy Marriage Resource Center;

(3) criteria developed by the Health and Human Services

Commission; or

(4) other similar resources.

(e) The Health and Human Services Commission shall maintain an

Internet website on which individuals and organizations described

by Subsection (c) may electronically register with the commission

to indicate the skills-based and research-based curriculum in

which the registrant is trained.

(f) A person who provides a premarital education course shall

provide a signed and dated completion certificate to each

individual who completes the course. The certificate must

include the name of the course, the name of the course provider,

and the completion date.

Added by Acts 1999, 76th Leg., ch. 185, Sec. 2, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

327, Sec. 1, eff. September 1, 2008.

Sec. 2.014. FAMILY TRUST FUND. (a) The family trust fund is

created as a trust fund with the state comptroller and shall be

administered by the attorney general for the beneficiaries of the

fund.

(b) Money in the trust fund is derived from depositing $3 of

each marriage license fee as authorized under Section 118.018(c),

Local Government Code, and may be used only for:

(1) the development and distribution of a premarital education

handbook;

(2) grants to institutions of higher education having academic

departments that are capable of research on marriage and divorce

that will assist in determining programs, courses, and policies

to help strengthen families and assist children whose parents are

divorcing;

(3) support for counties to create or administer free or

low-cost premarital education courses;

(4) programs intended to reduce the amount of delinquent child

support; and

(5) other programs the attorney general determines will assist

families in this state.

shall be distributed to each applicant for a marriage license as

provided by Section 2.009(c)(5) and shall contain information on:

(1) conflict management;

(2) communication skills;

(3) children and parenting responsibilities; and

(4) financial responsibilities.

(d) The attorney general shall appoint an advisory committee to

assist in the development of the premarital education handbook.

The advisory committee shall consist of nine members, including

at least three members who are eligible under Section 2.013(d) to

provide a premarital education course. A member of the advisory

committee is not entitled to reimbursement of the member's

expenses.

Added by Acts 1999, 76th Leg., ch. 185, Sec. 2, eff. Sept. 1,

1999.

SUBCHAPTER B. UNDERAGE APPLICANTS

Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise

provided by this subchapter or on a showing that a prior marriage

has been dissolved, a county clerk may not issue a marriage

license if either applicant is under 18 years of age.

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

1997.

Sec. 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a) If an

applicant is 16 years of age or older but under 18 years of age,

the county clerk shall issue the license if parental consent is

given as provided by this section.

(b) Parental consent must be evidenced by a written declaration

on a form supplied by the county clerk in which the person

consents to the marriage and swears that the person is a parent

(if there is no person who has the court-ordered right to consent

to marriage for the applicant) or a person who has the

court-ordered right to consent to marriage for the applicant

(whether an individual, authorized agency, or court).

be acknowledged before a county clerk.

(d) If the person giving parental consent resides in another

state, the consent may be acknowledged before an officer

authorized to issue marriage licenses in that state.

(e) If the person giving parental consent is unable because of

illness or incapacity to comply with the provisions of Subsection

authorized to take acknowledgments. A consent under this

subsection must be accompanied by a physician's affidavit stating

that the person giving parental consent is unable to comply

because of illness or incapacity.

(f) Parental consent must be given at the time the application

for the marriage license is made or not earlier than the 30th day

preceding the date the application is made.

(g) A person commits an offense if the person knowingly provides

parental consent for an underage applicant under this section and

the person is not a parent or a person who has the court-ordered

right to consent to marriage for the applicant. An offense under

this subsection is a Class A misdemeanor.

(h) A parent or a person who has the court-ordered right to

consent to marriage for the applicant commits an offense if the

parent or other person knowingly provides parental consent under

this section for an applicant who is younger than 16 years of age

or who is presently married to a person other than the person the

applicant desires to marry. An offense under this subsection is

a felony of the third degree.

(i) A parent or person who has the legal authority to consent to

marriage for an underage applicant who gives consent under this

section shall provide:

(1) proof of the parent's or person's identity under Section

2.005(b); and

(2) proof that the parent or person has the legal authority to

consent to marriage for the applicant under rules adopted under

Subsection (j).

(j) The executive commissioner of the Health and Human Services

Commission shall adopt rules detailing acceptable proof of the

legal authority to consent to the marriage of an underage

applicant. In adopting rules, the executive commissioner shall

ensure that the rules:

(1) adequately protect against fraud; and

(2) do not create an undue burden on any class of person legally

entitled to consent to the marriage of an underage applicant.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.09, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

52, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 5, eff. September 1, 2009.

Sec. 2.103. COURT ORDER FOR UNDERAGE APPLICANT. (a) A minor

may petition the court in the minor's own name for an order

granting permission to marry. In a suit under this section, the

trial judge may advance the suit if the best interest of the

applicant would be served by an early hearing.

(b) The petition must be filed in the county where a parent

resides if a court has not awarded another person the right to

consent to marriage for the minor. If a court has awarded

another person the right to consent to marriage for the minor,

the petition must be filed in the county where that person

resides. If no parent or person who has the court-ordered right

to consent to marriage for the minor resides in this state, the

petition must be filed in the county where the minor lives.

(1) a statement of the reasons the minor desires to marry;

(2) a statement of whether each parent is living or is dead;

(3) the name and residence address of each living parent; and

(4) a statement of whether a court has awarded to a person other

than a parent of the minor the right to consent to marriage for

the minor.

(d) Process shall be served as in other civil cases on each

living parent of the minor or on a person who has the

court-ordered right to consent to marriage for the minor, as

applicable. Citation may be given by publication as in other

civil cases, except that notice shall be published one time only.

(e) The court shall appoint an amicus attorney or an attorney ad

litem to represent the minor in the proceeding. The court shall

specify a fee to be paid by the minor for the services of the

amicus attorney or attorney ad litem. The fee shall be collected

in the same manner as other costs of the proceeding.

(f) If after a hearing the court, sitting without a jury,

believes marriage to be in the best interest of the minor, the

court, by order, shall grant the minor permission to marry.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

172, Sec. 12, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

52, Sec. 2, eff. September 1, 2007.

SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE

Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony has

not been conducted before the 31st day after the date the license

is issued, the marriage license expires.

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

1997.

Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The

following persons are authorized to conduct a marriage ceremony:

(1) a licensed or ordained Christian minister or priest;

(2) a Jewish rabbi;

(3) a person who is an officer of a religious organization and

who is authorized by the organization to conduct a marriage

ceremony; and

(4) a justice of the supreme court, judge of the court of

criminal appeals, justice of the courts of appeals, judge of the

district, county, and probate courts, judge of the county courts

at law, judge of the courts of domestic relations, judge of the

juvenile courts, retired justice or judge of those courts,

justice of the peace, retired justice of the peace, judge of a

municipal court, or judge or magistrate of a federal court of

this state.

(b) For the purposes of this section, a retired judge or justice

is a former judge or justice who is vested in the Judicial

Retirement System of Texas Plan One or the Judicial Retirement

System of Texas Plan Two or who has an aggregate of at least 12

years of service as judge or justice of any type listed in

Subsection (a)(4).

offense if the person knowingly conducts a marriage ceremony

without authorization under this section. An offense under this

subsection is a Class A misdemeanor.

(d) A person commits an offense if the person knowingly conducts

a marriage ceremony of a minor whose marriage is prohibited by

law or of a person who by marrying commits an offense under

Section 25.01, Penal Code. An offense under this subsection is a

felony of the third degree.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.10, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

134, Sec. 1, eff. September 1, 2009.

Sec. 2.203. CEREMONY. (a) On receiving an unexpired marriage

license, an authorized person may conduct the marriage ceremony

as provided by this subchapter.

(b) A person unable to appear for the ceremony may assent to

marriage by the appearance of a proxy appointed in the affidavit

authorized by Subchapter A.

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

1997.

Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a) Except as

provided by this section, a marriage ceremony may not take place

during the 72-hour period immediately following the issuance of

the marriage license.

(b) The 72-hour waiting period after issuance of a marriage

license does not apply to an applicant who:

(1) is a member of the armed forces of the United States and on

active duty;

(2) is not a member of the armed forces of the United States but

performs work for the United States Department of Defense as a

department employee or under a contract with the department;

(3) obtains a written waiver under Subsection (c); or

(4) completes a premarital education course described by Section

2.013, and who 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.

jurisdiction in family law cases, a justice of the supreme court,

a judge of the court of criminal appeals, a county judge, or a

judge of a court of appeals for a written waiver permitting the

marriage ceremony to take place during the 72-hour period

immediately following the issuance of the marriage license. If

the judge finds that there is good cause for the marriage to take

place during the period, the judge shall sign the waiver.

Notwithstanding any other provision of law, a judge under this

section has the authority to sign a waiver under this section.

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

1997. Amended by Acts 1999, 76th Leg., ch. 1052, Sec. 1, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1196, Sec. 1, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

327, Sec. 2, eff. September 1, 2008.

Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED.

(a) A person authorized to conduct a marriage ceremony by this

subchapter is prohibited from discriminating on the basis of

race, religion, or national origin against an applicant who is

otherwise competent to be married.

(b) On a finding by the State Commission on Judicial Conduct

that a person has intentionally violated Subsection (a), the

commission may recommend to the supreme court that the person be

removed from office.

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

1997.

Sec. 2.206. RETURN OF LICENSE; PENALTY. (a) The person who

conducts a marriage ceremony shall record on the license the date

on which and the county in which the ceremony is performed and

the person's name, subscribe the license, and return the license

to the county clerk who issued it not later than the 30th day

after the date the ceremony is conducted.

(b) A person who fails to comply with this section 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.

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

1997.

Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; PENALTY.

(a) A person who is to conduct a marriage ceremony shall

determine whether the license has expired from the county clerk's

endorsement on the license.

(b) A person who conducts a marriage ceremony after the marriage

license has expired 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.

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

1997.

Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. (a) The county

clerk shall record a returned marriage license and mail the

license to the address indicated on the application.

(b) On the application form the county clerk shall record:

(1) the date of the marriage ceremony;

(2) the county in which the ceremony was conducted; and

(3) the name of the person who conducted the ceremony.

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

1997.

Sec. 2.209. DUPLICATE LICENSE. (a) On request, the county

clerk shall issue a certified copy of a recorded marriage

license.

(b) If a marriage license issued by a county clerk is lost,

destroyed, or rendered useless, the clerk shall issue a duplicate

license.

error on the recorded marriage license, both parties to the

marriage shall execute a notarized affidavit stating the error.

The county clerk shall file and record the affidavit as an

amendment to the marriage license, and the affidavit is

considered part of the marriage license. The clerk shall include

a copy of the affidavit with any future certified copy of the

marriage license issued by the clerk.

(d) The executive commissioner of the Health and Human Services

Commission by rule shall prescribe the form of the affidavit

under Subsection (c).

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

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 6, eff. September 1, 2009.

SUBCHAPTER D. VALIDITY OF MARRIAGE

Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING LICENSE.

Except as otherwise provided by this chapter, the validity of a

marriage is not affected by any fraud, mistake, or illegality

that occurred in obtaining the marriage license.

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

1997.

Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The

validity of a marriage is not affected by the lack of authority

of the person conducting the marriage ceremony if:

(1) there was a reasonable appearance of authority by that

person;

(2) at least one party to the marriage participated in the

ceremony in good faith and that party treats the marriage as

valid; and

(3) neither party to the marriage:

(A) is a minor whose marriage is prohibited by law; or

(B) by marrying commits an offense under Section 25.01, Penal

Code.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.11, eff. September 1, 2005.

SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial,

administrative, or other proceeding, the marriage of 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 man and woman agreed to be married and after the

agreement they lived together in this state as husband and wife

and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as

provided by Subsection (a)(2) is not commenced before the second

anniversary of the date on which the parties separated and ceased

living together, it is rebuttably presumed that the parties did

not enter into an agreement to be married.

(1) be a party to an informal marriage; or

(2) execute a declaration of informal marriage under Section

2.402.

(d) A person may not be a party to an informal marriage or

execute a declaration of an informal marriage if the person is

presently married to a person who is not the other party to the

informal marriage or declaration of an informal marriage, as

applicable.

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

1997. Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.12, eff. September 1, 2005.

Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE.

(a) A declaration of informal marriage must be signed on a form

prescribed by the bureau of vital statistics and provided by the

county clerk. Each party to the declaration shall provide the

information required in the form.

(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, 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;

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 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.

Sept. 1, 1997.

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

1997. Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 4, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.13, eff. September 1, 2005.

Sec. 2.403. PROOF OF IDENTITY AND AGE; OFFENSE. (a) The county

clerk shall require proof of the identity and age of each party

to the declaration of informal marriage to be established by a

document listed in Section 2.005(b).

(b) A person commits an offense if the person knowingly provides

false, fraudulent, or otherwise inaccurate proof of the person's

identity or age under this section. An offense under this

subsection is a Class A misdemeanor.

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

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.14, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 7, eff. September 1, 2009.

Sec. 2.404. RECORDING OF CERTIFICATE OR DECLARATION OF INFORMAL

MARRIAGE. (a) The county clerk shall:

(1) determine that all necessary information is recorded on the

declaration of informal marriage form and that all necessary

documents are submitted to the clerk;

(2) administer the oath to each party to the declaration;

(3) have each party sign the declaration in the clerk's

presence; and

(4) execute the clerk's certificate to the declaration.

(a-1) On the proper execution of the declaration, the clerk may:

(1) prepare a certificate of informal marriage;

(2) enter on the certificate the names of the persons declaring

their informal marriage and the date the certificate or

declaration is issued; and

(3) record the time at which the certificate or declaration is

issued.

(b) The county clerk may not certify the declaration or issue or

record the certificate of informal marriage or declaration if:

(1) either party fails to supply any information or provide any

document required by this subchapter;

(2) either party is under 18 years of age; or

(3) either party checks "false" in response to the statement of

relationship to the other party.

record the declaration or certificate of informal marriage,

deliver the original of the declaration to the parties, deliver

the original of the certificate of informal marriage to the

parties, if a certificate was prepared, and send a copy of the

declaration of informal marriage to the bureau of vital

statistics.

(d) An executed declaration or a certificate of informal

marriage recorded as provided in this section is prima facie

evidence of the marriage of the parties.

(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:

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

(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

(3) available and appropriate counseling services regarding AIDS

and HIV infection.

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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

978, Sec. 9, eff. September 1, 2009.

Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. 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.

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

1997.

SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES

Sec. 2.501. DUTY TO SUPPORT. (a) Each spouse has the duty to

support the other spouse.

(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.

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

1997.

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Texas Codes and Statutes

CHAPTER 2. THE MARRIAGE RELATIONSHIP