Texas Lawmakers to Decide Who Returns a Marriage License

Will Texas Legislators allow officiants and newlyweds to share the responsibility of returning a marriage license? 

 

Currently, the officiant who performs a Texas wedding is responsible for returning the signed marriage license to the clerk’s office after the ceremony. But that might change soon, depending on how the Texas Senate votes on House Bill 4621. 

 

Learn more: What are my responsibilities after officiating a wedding in Texas?

 

If HB 4621 is passed, it would allow a wedding officiant who conducts a ceremony to authorize the newlyweds to return their own completed marriage license to the clerk’s office – as long as they agree to return it within the state’s 30-day return period. 

 

Pros: What are the potential benefits of allowing newlyweds to return their own Texas marriage license? 

 

For Officiants: 

 

This change could be very helpful for professional wedding officiants in the state, who must often keep track of the return deadlines for several marriage licenses at one time. And because a Texas marriage license must be returned to the same office where it was issued, regardless of where the ceremony takes place, officiants also cover postage costs and estimate delivery times to ensure the license is received before the deadline. These efforts can quickly add up during a busy wedding season. 

 

In addition, officiants who don't return a marriage license on time can currently be fined between $200 and $500 (Texas Family Code § 2.206). If this bill passes, however, officiants who authorize a couple to return their own license would not be fined if it is returned late. This could reduce the stress put on an officiant following the ceremony. (The bill also clarifies that newlyweds authorized to return a license would not be fined, either.)

 

For the Couple Getting Married:

 

This change might also benefit couples who get married in Texas. With the option to return their own license, couples can ensure it’s returned on time regardless of who conducts their ceremony. For example, if a beloved family member from out-of-town officiates a Texas wedding, the couple can return the license themselves after wishing their friend a safe trip home – without that last-minute scramble to the clerk’s office before the flight departs. Or if a couple from Lubbock travels to Dripping Springs to elope in the “Wedding Capital of Texas,” they can simply bring their license back with them to file with the Lubbock County Clerk. No postage needed! 

 

• Ask a friend to officiate your Texas Wedding: 5 Great Reasons to Ask a Friend to Officiate Your Wedding

 

 

Returning a marriage license: Each state has it's own laws on who must return a completed marriage license after the wedding is over. For example, officiants are legally responsible for returning the license in most places, including Washington, DC and Florida, but some Florida jurisdictions also allow the couple or another trusted person to return a license  (via Washington DC Code § 46-412 and Sarasota Clerk of the Circuit Court office) (Photo: terence b / Pexels)

 

 

Cons: What are the potential negatives of allowing newlyweds to return their own Texas marriage license? 

 

Any big update to the state’s marriage laws also comes with potential drawbacks, of course, which lawmakers must consider as well.

 

• See all Texas Marriage Laws here

 

For example, if both newlyweds and their officiant are allowed to return a marriage license, all parties might be confused about who’s taken charge of this important step. Clear communication ahead of and following the ceremony would become even more important! 

 

In another example, there’s a chance that newlyweds will forget to file their marriage license before the return period cutoff, or fail to file it at all before leaving for a honeymoon. And out-of-state couples who marry in Texas would need to return the license to the local clerk’s office before returning home, or make sure they mail the license to the clerk's office in time. 

 

To Sum it Up

These are just some of the pros and cons that Texas legislators are likely weighing right now. The bill was introduced in March and passed by the House last week (on May 15th), and now awaits further consideration by the TX Senate State Affairs Committee.  

 

Read the full text of TX HB 461, sponsored by Representative Ana Hernandez [D]: AN ACT relating to the return of a completed marriage license to a county clerk after the marriage ceremony.

 

We’ll keep AMM ministers and officiants in Texas informed of any changes. In the meantime, visit How to Officiate a Wedding in Texas: Become a Texas Wedding Officiant for current information on conducting weddings in the Lone Star state! 

 

For the most up-to-date information on returning a marriage license in Texas, we recommend you contact the county clerk's office closest to your wedding venue. 

 

 

More About the Marriage License: 

 

• Can you get married without a marriage license? What if you lost it? Or forgot it?

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