BILL ANALYSIS C.S.H.B. 1193 By: Manuel Judiciary & Civil Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that when an individual applies for a declaration of an informal marriage, personal information such as the applicant's full name, address, and county of residence and the last four digits of the applicant's social security number are subsequently available for public viewing online through the county clerk's office. This poses privacy and safety risks, particularly for individuals who have experienced family violence, dating violence, sexual assault, stalking, or human trafficking. C.S.H.B. 1193 seeks to address this issue by allowing either applicant for a declaration of informal marriage to request that their identifying information remain confidential. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1193 amends the Family Code to require a declaration of informal marriage form to contain a printed box for either named party to the declaration to check indicating a preference to keep identifying information on the form confidential. The bill prohibits a county clerk, if a party to a declaration of informal marriage has checked the box on the declaration, from doing the following: 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 such identifying information to anyone other than a party named on the declaration or the party's legal representative. C.S.H.B. 1193 amends the Health and Safety Code to prohibit the vital statistics unit in the Department of State Health Services, if a party to a declaration of informal marriage has checked the box 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. C.S.H.B. 1193 applies only to a declaration of an informal marriage executed on or after the bill's effective date. A declaration executed before the bill's effective date is governed by the law in effect on the date the declaration was executed, and the former law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1193 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The introduced and the substitute both require a declaration of informal marriage form to contain a printed box that a named party to the declaration may check to indicate their preference to keep identifying information on the form confidential and establish certain restrictions on the publication, release, or furnishment of such information if a party checks that box. However, the versions differ in the following ways: the introduced conditioned that confidentiality option on either named party being or having been a victim of family violence, dating violence, sexual assault, stalking, or human trafficking, which the substitute does not do; and the substitute does not include provisions from the introduced that also required a marriage license application form to contain a printed box that an applicant may check to indicate their preference to keep identifying information on the form confidential if either applicant is or has been such a victim and restricted the publication, release, or furnishment of such information if that box is checked in the same manner provided for an informal marriage declaration.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 1193
By: Manuel
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
C.S.H.B. 1193
By: Manuel
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that when an individual applies for a declaration of an informal marriage, personal information such as the applicant's full name, address, and county of residence and the last four digits of the applicant's social security number are subsequently available for public viewing online through the county clerk's office. This poses privacy and safety risks, particularly for individuals who have experienced family violence, dating violence, sexual assault, stalking, or human trafficking. C.S.H.B. 1193 seeks to address this issue by allowing either applicant for a declaration of informal marriage to request that their identifying information remain confidential.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 1193 amends the Family Code to require a declaration of informal marriage form to contain a printed box for either named party to the declaration to check indicating a preference to keep identifying information on the form confidential. The bill prohibits a county clerk, if a party to a declaration of informal marriage has checked the box on the declaration, from doing the following: 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 such identifying information to anyone other than a party named on the declaration or the party's legal representative. C.S.H.B. 1193 amends the Health and Safety Code to prohibit the vital statistics unit in the Department of State Health Services, if a party to a declaration of informal marriage has checked the box 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. C.S.H.B. 1193 applies only to a declaration of an informal marriage executed on or after the bill's effective date. A declaration executed before the bill's effective date is governed by the law in effect on the date the declaration was executed, and the former law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1193 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The introduced and the substitute both require a declaration of informal marriage form to contain a printed box that a named party to the declaration may check to indicate their preference to keep identifying information on the form confidential and establish certain restrictions on the publication, release, or furnishment of such information if a party checks that box. However, the versions differ in the following ways: the introduced conditioned that confidentiality option on either named party being or having been a victim of family violence, dating violence, sexual assault, stalking, or human trafficking, which the substitute does not do; and the substitute does not include provisions from the introduced that also required a marriage license application form to contain a printed box that an applicant may check to indicate their preference to keep identifying information on the form confidential if either applicant is or has been such a victim and restricted the publication, release, or furnishment of such information if that box is checked in the same manner provided for an informal marriage declaration.
BACKGROUND AND PURPOSE
The bill author has informed the committee that when an individual applies for a declaration of an informal marriage, personal information such as the applicant's full name, address, and county of residence and the last four digits of the applicant's social security number are subsequently available for public viewing online through the county clerk's office. This poses privacy and safety risks, particularly for individuals who have experienced family violence, dating violence, sexual assault, stalking, or human trafficking. C.S.H.B. 1193 seeks to address this issue by allowing either applicant for a declaration of informal marriage to request that their identifying information remain confidential.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1193 amends the Family Code to require a declaration of informal marriage form to contain a printed box for either named party to the declaration to check indicating a preference to keep identifying information on the form confidential. The bill prohibits a county clerk, if a party to a declaration of informal marriage has checked the box on the declaration, from doing the following:
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 such identifying information to anyone other than a party named on the declaration or the party's legal representative.
C.S.H.B. 1193 amends the Health and Safety Code to prohibit the vital statistics unit in the Department of State Health Services, if a party to a declaration of informal marriage has checked the box 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.
C.S.H.B. 1193 applies only to a declaration of an informal marriage executed on or after the bill's effective date. A declaration executed before the bill's effective date is governed by the law in effect on the date the declaration was executed, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 1193 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The introduced and the substitute both require a declaration of informal marriage form to contain a printed box that a named party to the declaration may check to indicate their preference to keep identifying information on the form confidential and establish certain restrictions on the publication, release, or furnishment of such information if a party checks that box. However, the versions differ in the following ways:
the introduced conditioned that confidentiality option on either named party being or having been a victim of family violence, dating violence, sexual assault, stalking, or human trafficking, which the substitute does not do; and
the substitute does not include provisions from the introduced that also required a marriage license application form to contain a printed box that an applicant may check to indicate their preference to keep identifying information on the form confidential if either applicant is or has been such a victim and restricted the publication, release, or furnishment of such information if that box is checked in the same manner provided for an informal marriage declaration.