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AN ACT
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relating to the confidentiality of certain information on a |
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declaration of informal marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.402(b), Family Code, is amended to |
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read as follows: |
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(b) The declaration form must contain: |
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(1) a heading entitled "Declaration and Registration |
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of Informal Marriage, ___________ County, Texas"; |
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(2) spaces for each party's full name, including the |
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woman's maiden surname, address, date of birth, place of birth, |
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including city, county, and state, and social security number, if |
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any; |
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(3) a space for indicating the type of document |
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tendered by each party as proof of age and identity; |
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(4) printed boxes for each party to check "true" or |
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"false" in response to the following statement: "The other party is |
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not related to me as: |
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(A) an ancestor or descendant, by blood or |
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adoption; |
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(B) a brother or sister, of the whole or half |
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blood or by adoption; |
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(C) a parent's brother or sister, of the whole or |
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half blood or by adoption; |
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(D) a son or daughter of a brother or sister, of |
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the whole or half blood or by adoption; |
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(E) a current or former stepchild or stepparent; |
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or |
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(F) a son or daughter of a parent's brother or |
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sister, of the whole or half blood or by adoption."; |
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(5) a printed box for either party to check "Yes, |
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please keep the identifying information on this form |
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confidential."; |
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(6) a printed declaration and oath reading: "I |
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SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO |
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EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE |
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AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS |
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HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE |
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WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE |
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NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND |
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THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT."; |
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(7) [(6)] spaces immediately below the printed |
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declaration and oath for the parties' signatures; and |
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(8) [(7)] a certificate of the county clerk that the |
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parties made the declaration and oath and the place and date it was |
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made. |
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SECTION 2. Subchapter E, Chapter 2, Family Code, is amended |
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by adding Section 2.406 to read as follows: |
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Sec. 2.406. CONFIDENTIALITY OF CERTAIN INFORMATION. If a |
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party to a declaration of informal marriage has checked the box |
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described by Section 2.402(b)(5), the county clerk may not: |
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(1) publicly publish the personally identifying |
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information of either party, other than the names of the parties; or |
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(2) release a copy of the declaration that includes |
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the personally identifying information of either party, other than |
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the names of the parties, to anyone other than a party named on the |
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declaration or the party's legal representative. |
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SECTION 3. Section 194.004, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as otherwise provided by this section, |
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the [The] vital statistics unit shall furnish on request any |
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information it has on record relating to any marriage, divorce, or |
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annulment of marriage. |
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(c) If a party to a declaration of informal marriage has |
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checked the box described by Section 2.402(b)(5), Family Code, on |
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the declaration, the vital statistics unit may not furnish any |
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personally identifying information on record relating to the |
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marriage, other than the names of the parties to the marriage, to |
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anyone other than a party to the marriage or the party's legal |
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representative. |
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SECTION 4. The changes in law made by this Act apply only to |
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a declaration of an informal marriage executed on or after the |
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effective date of this Act. A declaration executed before the |
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effective date of this Act is governed by the law in effect on the |
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date the declaration was executed, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1193 was passed by the House on May 2, |
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2025, by the following vote: Yeas 119, Nays 13, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1193 was passed by the Senate on May |
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19, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |