BILL ANALYSIS

Senate Research Center	H.B. 1193
89R22339 KRM-D	By: Manuel et al. (Johnson)
	Jurisprudence
	5/12/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When an individual applies for an informal marriage license in Texas, personal information such as full name, address, the last four digits of their Social Security number, and county is available for public viewing online through the county clerk's office. This could pose privacy and safety risks for individuals who may have extenuating circumstances such as victims of dating violence, sexual assault, or stalking. This bill would allow applicants for a declaration of informal marriage to request that their identifying information remain confidential.

H.B. 1193 would aim to protect the personally identifying information of individuals who have filed a Declaration of Informal Marriage in Texas. By checking a designated box on the application, applicants can ensure that their personal information is redacted from public records. This measure is intended to enhance privacy protections and safeguard individuals who may be at risk of harm. 

H.B. 1193 amends current law relating to the confidentiality of certain information on a declaration of informal marriage.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.402(b), Family Code, as follows:

(b) Requires that the declaration of informal marriage form contain certain items, including a printed box for either party to check "Yes, please keep the identifying information on this form confidential." Makes nonsubstantive changes.

SECTION 2. Amends Subchapter E, Chapter 2, Family Code, by adding Section 2.406, as follows:

Sec. 2.406. CONFIDENTIALITY OF CERTAIN INFORMATION. Prohibits the county clerk, if a party to a declaration of informal marriage has checked the box described by Section 2.402(b)(5) (relating to requiring that the declaration contain a printed box for either party to opt to keep the identifying information on the form confidential"), from publicly publishing the personally identifying information of either party, other than the names of the parties, or releasing a copy of the declaration that includes the personally identifying information of either party, other than the names of the parties, to anyone other than a party named on the declaration or the party's legal representative.

SECTION 3. Amends Section 194.004, Health and Safety Code, by amending Subsection (a) and adding Subsection (c), as follows:

(a) Creates an exception under Section 194.004 (Release of Information).

(c) Prohibits the vital statistics unit of the Department of State Health Services, if a party to a declaration of informal marriage has checked the box described by Section 2.402(b)(5), Family Code, on the declaration, from furnishing any personally identifying information on record relating to the marriage, other than the names of the parties to the marriage, to anyone other than a party to the marriage or the party's legal representative.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2025.