CHAPTER 194. MARRIAGE AND DIVORCE RECORDS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 194. MARRIAGE AND DIVORCE RECORDS

Sec. 194.001. REPORT OF MARRIAGE. (a) The county clerk shall

file with the bureau of vital statistics a copy of each completed

marriage license application. The clerk shall file the copy not

later than the 90th day after the date of the application. The

clerk may not collect a fee for filing the copy.

(b) The county clerk shall file with the bureau of vital

statistics a copy of each declaration of informal marriage

executed under Section 1.92, Family Code. The clerk shall file

the copy not later than the 90th day after the date on which the

declaration is executed.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 194.0011. MARRIAGE LICENSE APPLICATIONS. (a) The board by

rule shall prescribe the format and content of the form used for

the marriage license application.

(b) The bureau of vital statistics shall print and distribute

the forms to each county clerk throughout the state.

(c) The form adopted by the board shall replace locally adopted

forms.

(d) A county clerk may reproduce the board's form locally.

Added by Acts 1991, 72nd Leg., ch. 96, Sec. 1, eff. Sept. 1,

1991.

Sec. 194.002. REPORT OF DIVORCE OR ANNULMENT. (a) The bureau

of vital statistics shall prescribe a form for reporting divorces

and annulments of marriage. The form must require the following

information:

(1) each party's:

(A) full name;

(B) usual residence;

(C) age;

(D) place of birth;

(E) color or race; and

(F) number of children;

(2) the date and place of the parties' marriage;

(3) the date the divorce or annulment of marriage was granted;

and

(4) the court and the style and docket number of the case in

which the divorce or annulment of marriage was granted.

(b) The bureau of vital statistics shall furnish sufficient

copies of the form to each district clerk.

(c) When an attorney presents a final judgment for a divorce or

annulment of marriage to a court for a final decree, the attorney

shall:

(1) enter on the form the information required under Subsection

(a); and

(2) submit the report to the district clerk with the final

judgment.

(d) Not later than the ninth day of each month, each district

clerk shall file with the bureau of vital statistics a completed

report for each divorce or annulment of marriage granted in the

district court during the preceding calendar month. If a report

does not include the information required by Subsection (a)(3) or

(4), the clerk must complete that information on the report

before the clerk files the report with the bureau.

(e) For each report that a district clerk files with the bureau

of vital statistics under this section, the clerk may collect a

$1 fee as costs in the case in which the divorce or annulment of

marriage is granted.

(f) If the bureau of vital statistics determines that a report

filed with the bureau under this section requires correction, the

bureau shall mail the report form directly to an attorney of

record with respect to the divorce or annulment of marriage. The

attorney shall return the corrected report form to the bureau. If

there is no attorney of record, the bureau shall mail the report

form to the district clerk for correction.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 1128, Sec. 2, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

186, Sec. 1, eff. May 27, 2005.

Sec. 194.003. STATE INDEX. (a) The bureau of vital statistics

shall maintain a statewide alphabetical index, under the names of

both parties, of each marriage license application or declaration

of informal marriage. The statewide index does not replace the

indexes required in each county.

(b) The bureau of vital statistics shall maintain a statewide

alphabetical index, under the names of both parties, of each

report of divorce or annulment of marriage.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 194.004. RELEASE OF INFORMATION. (a) The bureau of vital

statistics shall furnish on request any information it has on

record relating to any marriage, divorce, or annulment of

marriage.

(b) The bureau of vital statistics may not issue:

(1) a certificate or a certified copy of information relating to

a marriage; or

(2) a certified copy of a report of divorce or annulment of

marriage.

(c) Repealed by Acts 1991, 72nd Leg., ch. 14, Sec. 61, eff.

Sept. 1, 1991.

(d) Repealed by Acts 1991, 72nd Leg., ch. 14, Sec. 61, eff.

Sept. 1, 1991.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 61, eff. Sept. 1,

1991.

Sec. 194.005. HEIRLOOM WEDDING ANNIVERSARY CERTIFICATE. (a)

The department shall promote the sale of an heirloom wedding

anniversary certificate. The department shall solicit donated

designs for the certificate from Texas artists and select the

best donated designs for the form of the certificate.

(b) The department shall prescribe a $50 fee for the issuance of

an heirloom wedding anniversary certificate.

(c) The executive commissioner of the Health and Human Services

Commission shall adopt rules designating certain milestone

wedding anniversary dates and shall design and promote heirloom

wedding anniversary certificates celebrating those anniversary

dates.

(d) The department shall create an heirloom wedding anniversary

certificate ordering system that includes printed order forms

available through the department and an online ordering system.

(e) An heirloom wedding anniversary certificate produced by the

department under this section must be printed on parchment paper

and be not smaller than 11 inches by 14 inches in size.

(f) An heirloom wedding anniversary certificate produced by the

department under this section is not a marriage license under

this chapter or Chapter 2, Family Code, and does not establish

and may not be used to establish a marriage relationship.

(g) The department shall deposit proceeds it receives from the

issuance of heirloom wedding anniversary certificates to the

credit of the childhood immunization account. The childhood

immunization account is an account in the general revenue fund.

Money in the account may be used only by the department for:

(1) making grants to fund childhood immunizations and related

education programs; and

(2) administering this section.

Added by Acts 2005, 79th Leg., Ch.

1264, Sec. 1, eff. September 1, 2005.