TarrantCountyLawOffice.com
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Family Law Offices in Tarrant CountyThe statutes on this website are current through the 3rd Called Session of the 78th Legislature. The Texas Legislative Council nor The Law Offices of |
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§ 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, § 1, eff. April 17, 1997. § 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 this subchapter; (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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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."; (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; or (D) a son or daughter of a 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. Added by Acts 1997, 75th Leg., ch.7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 776, § 1, eff. Sept. 1, 1997. § 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 a certified copy of the applicant's birth certificate or by some certificate, license, or document issued by this state or another state, the United States, or a foreign government. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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) the affidavit of the absent applicant as provided by this subchapter; (2) proof of the identity and age of the absent applicant as provided by this subchapter; and (3) if required because the absent applicant is a person under 18 years of age, the documents establishing parental consent, documents establishing that a prior marriage has been dissolved, or a court order authorizing the marriage of the absent, underage applicant. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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 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; or (D) a son or daughter of a 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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 14 years of age and has not been granted a court order as provided by Section 2.103; (4) is 14 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 (C) a court order as provided by Section 2.103; (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 by a decree of a court of this state 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," 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. (c) On the proper execution of the application, the clerk shall: (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, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 776, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 6.01(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 185, § 1, eff. Sept. 1, 1999. § 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, § 1, eff. April 17, 1997. § 2.011. RECORDING. The county clerk shall record all licenses issued by the clerk and all documents submitted with an application for a license or note a summary of the documents on the application. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 2.013. PREMARITAL EDUCATION REQUIREMENTS; WAIVER. (a) Each person applying for a marriage license is encouraged to attend a premarital education course of at least four hours during the year preceding the date of the application for the license. (b) The course under Subsection (a) may be completed by: (1) personal instruction; (2) videotape instruction; (3) instruction through an electronic medium; or (4) a combination of these methods. (c) A premarital education course should include instruction in: (1) conflict management; (2) communication skills; (3) children and parenting responsibilities; and (4) financial responsibilities. (d) A course under this section should be offered by: (1) a mental health professional who holds at least a master's degree with a background in family therapy; or (2) a religious practitioner who performs counseling consistent with the laws of this state or another person designated as a program counselor by a church or religious institution. (e) Each county clerk may maintain a roster of area course providers who meet the requirements of this section, including providers who offer the course on a sliding scale or without charge. The clerk may provide a copy of the roster on request to an applicant for a marriage license. (f) An applicant for a marriage license who takes a course under this section shall pay any fee charged for the course. (g) A person who seeks to be listed as a course provider on a list maintained under Subsection (e) shall notify the county clerk of the county in which the person intends to offer a course. The notification must include the applicant's professional license number or evidence of the person's position or affiliation with a church or religious institution, as appropriate, and an address at which the course provider may be contacted. Added by Acts 1999, 76th Leg., ch. 185, § 2, eff. Sept. 1, 1999. § 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. (c) The premarital education handbook under Subsection (b)(1) 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, § 2, eff. Sept. 1, 1999. § 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, § 1, eff. April 17, 1997. § 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a) If an applicant is 14 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 judicially designated managing conservator or guardian of the applicant's person) or a judicially designated managing conservator or guardian (whether an individual, authorized agency, or court) of the applicant's person. (c) Except as otherwise provided by this section, consent must 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 (c) or (d), the consent may be acknowledged before any officer 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. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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 managing conservator or a guardian of the person has not been appointed. If a managing conservator or a guardian of the person has been appointed, the petition must be filed in the county where the managing conservator or the guardian of the person resides. If no person authorized to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives. (c) The petition must include: (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 managing conservator or a guardian of the person has been appointed for the minor. (d) Process shall be served as in other civil cases on each living parent of the minor or, if a managing conservator or a guardian of the person has been appointed, on the managing conservator or guardian of the person. 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 a guardian ad litem to represent the minor in the proceeding and to speak for or against the petition in the manner the guardian ad litem believes to be in the best interest of the minor. The court shall specify a fee to be paid by the minor for the services of the guardian 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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, 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). Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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; or (2) obtains a written waiver under Subsection (c). (c) An applicant may request a judge of a court with 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, § 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 1052, § 1, eff. Sept. 1, 1999. § 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 2.209. DUPLICATE LICENSE. (a) On the application and proof of identity of a person whose marriage is recorded in the records of the county clerk, the county clerk shall issue a duplicate marriage license completed with information as contained in the records. (b) On the application and proof of identity of both persons to whom a marriage license was issued but not recorded as required by Section 2.208, the county clerk shall issue a duplicate license if each person applying submits to the clerk an affidavit stating: (1) that the persons to whom the original license was issued were married to each other before the expiration date of the original license by a person authorized to conduct a marriage ceremony; (2) the name of the person who conducted the ceremony; and (3) the date of the ceremony. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. § 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; and (2) at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 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. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, § 1, eff. Sept. 1, 1997. § 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; (C) a parent's brother or sister, of the whole or half blood or by adoption; or (D) a son or daughter of a 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. (c) Repealed by Acts 1997, 75th Leg., ch. 1362, § 4, eff. Sept. 1, 1997. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, § 4, eff. Sept. 1, 1997. § 2.403. PROOF OF IDENTITY AND AGE. 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 certified copy of the party's birth certificate or by some certificate, license, or document issued by this state or another state, the United States, or a foreign government. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. § 2.404. RECORDING OF 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. (b) The county clerk may not certify or record the 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. (c) On execution of the declaration, the county clerk shall record the declaration and all documents submitted with the declaration or note a summary of them on the declaration form, deliver the original of the declaration to the parties, and send a copy to the bureau of vital statistics. (d) A declaration 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, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, § 2, eff. Sept. 1, 1997. § 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, § 1, eff. April 17, 1997. § 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, § 1, eff. April 17, 1997. |
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