Texas Marriage Laws | § 2.404

Texas Family Code 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. (c) On execution of the declaration, the county clerk shall 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 (H.B. 3666), Sec. 8, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 9, eff. September 1, 2009.

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§ 2.012 VIOLATION BY COUNTY CLERK; PENALTY
§ 1.102 MOST RECENT MARRIAGE PRESUMED VALID
§ 1.103 PERSONS MARRIED ELSEWHERE
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§ 2.001 MARRIAGE LICENSE
§ 2.003 APPLICATION FOR LICENSE BY MINOR
§ 2.005 PROOF OF IDENTITY AND AGE
§ 2.010 AIDS INFORMATION; POSTING ON INTERNET
§ 2.008 EXECUTION OF APPLICATION BY CLERK
§ 2.101 GENERAL AGE REQUIREMENT
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§ 2.206 RETURN OF LICENSE; PENALTY
§ 2.207 MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; PENALTY
§ 2.208 RECORDING AND DELIVERY OF LICENSE
§ 2.209 DUPLICATE LICENSE
§ 2.402 DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE
§ 2.403 PROOF OF IDENTITY AND AGE; OFFENSE
§ 2.404 RECORDING OF CERTIFICATE OR DECLARATION OF INFORMAL MARRIAGE
§ 2.501 DUTY TO SUPPORT
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§ 2.0091 Application For And Issuance Of License Through Remote Technology
§ 71.039 Procedures For Issuance Of Marriage License Through Remote Technology
§ 2.202 PERSONS AUTHORIZED TO CONDUCT CEREMONY
§ 1.101 EVERY MARRIAGE PRESUMED VALID
§ 2.002 APPLICATION FOR LICENSE
§ 2.004 APPLICATION FORM
§ 2.009 ISSUANCE OF LICENSE
§ 2.405 VIOLATION BY COUNTY CLERK; PENALTY
§ 2.006 ABSENT APPLICANT
§ 2.007 AFFIDAVIT OF ABSENT APPLICANT
§ 2.0071 MAINTENANCE OF RECORDS BY CLERK RELATING TO LICENSE FOR ABSENT APPLICANT
§ 2.013 PREMARITAL EDUCATION COURSES
§ 2.014 FAMILY TRUST FUND
§ 2.601 RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS
§ 2.302 CEREMONY CONDUCTED BY UNAUTHORIZED PERSON
§ 2.401 PROOF OF INFORMAL MARRIAGE
§ 2.602 DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED