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| 4 | 6 | | |
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| 5 | 7 | | |
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| 6 | 8 | | |
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| 7 | 9 | | A BILL TO BE ENTITLED |
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| 8 | 10 | | AN ACT |
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| 9 | 11 | | relating to the confidentiality of certain information on a |
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| 10 | 12 | | declaration of informal marriage. |
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| 11 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 14 | | SECTION 1. Section 2.402(b), Family Code, is amended to |
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| 13 | 15 | | read as follows: |
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| 14 | 16 | | (b) The declaration form must contain: |
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| 15 | 17 | | (1) a heading entitled "Declaration and Registration |
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| 16 | 18 | | of Informal Marriage, ___________ County, Texas"; |
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| 17 | 19 | | (2) spaces for each party's full name, including the |
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| 18 | 20 | | woman's maiden surname, address, date of birth, place of birth, |
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| 19 | 21 | | including city, county, and state, and social security number, if |
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| 20 | 22 | | any; |
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| 21 | 23 | | (3) a space for indicating the type of document |
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| 22 | 24 | | tendered by each party as proof of age and identity; |
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| 23 | 25 | | (4) printed boxes for each party to check "true" or |
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| 24 | 26 | | "false" in response to the following statement: "The other party is |
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| 25 | 27 | | not related to me as: |
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| 26 | 28 | | (A) an ancestor or descendant, by blood or |
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| 27 | 29 | | adoption; |
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| 28 | 30 | | (B) a brother or sister, of the whole or half |
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| 29 | 31 | | blood or by adoption; |
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| 30 | 32 | | (C) a parent's brother or sister, of the whole or |
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| 31 | 33 | | half blood or by adoption; |
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| 32 | 34 | | (D) a son or daughter of a brother or sister, of |
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| 33 | 35 | | the whole or half blood or by adoption; |
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| 34 | 36 | | (E) a current or former stepchild or stepparent; |
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| 35 | 37 | | or |
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| 36 | 38 | | (F) a son or daughter of a parent's brother or |
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| 37 | 39 | | sister, of the whole or half blood or by adoption."; |
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| 38 | 40 | | (5) a printed box for either party to check "Yes, |
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| 39 | 41 | | please keep the identifying information on this form |
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| 40 | 42 | | confidential."; |
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| 41 | 43 | | (6) a printed declaration and oath reading: "I |
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| 42 | 44 | | SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO |
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| 43 | 45 | | EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE |
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| 44 | 46 | | AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS |
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| 45 | 47 | | HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE |
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| 46 | 48 | | WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE |
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| 47 | 49 | | NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND |
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| 48 | 50 | | THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT."; |
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| 49 | 51 | | (7) [(6)] spaces immediately below the printed |
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| 50 | 52 | | declaration and oath for the parties' signatures; and |
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| 51 | 53 | | (8) [(7)] a certificate of the county clerk that the |
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| 52 | 54 | | parties made the declaration and oath and the place and date it was |
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| 53 | 55 | | made. |
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| 54 | 56 | | SECTION 2. Subchapter E, Chapter 2, Family Code, is amended |
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| 55 | 57 | | by adding Section 2.406 to read as follows: |
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| 56 | 58 | | Sec. 2.406. CONFIDENTIALITY OF CERTAIN INFORMATION. If a |
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| 57 | 59 | | party to a declaration of informal marriage has checked the box |
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| 58 | 60 | | described by Section 2.402(b)(5), the county clerk may not: |
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| 59 | 61 | | (1) publicly publish the personally identifying |
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| 60 | 62 | | information of either party, other than the names of the parties; or |
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| 61 | 63 | | (2) release a copy of the declaration that includes |
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| 62 | 64 | | the personally identifying information of either party, other than |
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| 63 | 65 | | the names of the parties, to anyone other than a party named on the |
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| 64 | 66 | | declaration or the party's legal representative. |
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| 65 | 67 | | SECTION 3. Section 194.004, Health and Safety Code, is |
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| 66 | 68 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 67 | 69 | | read as follows: |
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| 68 | 70 | | (a) Except as otherwise provided by this section, |
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| 69 | 71 | | the [The] vital statistics unit shall furnish on request any |
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| 70 | 72 | | information it has on record relating to any marriage, divorce, or |
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| 71 | 73 | | annulment of marriage. |
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| 72 | 74 | | (c) If a party to a declaration of informal marriage has |
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| 73 | 75 | | checked the box described by Section 2.402(b)(5), Family Code, on |
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| 74 | 76 | | the declaration, the vital statistics unit may not furnish any |
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| 75 | 77 | | personally identifying information on record relating to the |
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| 76 | 78 | | marriage, other than the names of the parties to the marriage, to |
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| 77 | 79 | | anyone other than a party to the marriage or the party's legal |
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| 78 | 80 | | representative. |
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| 79 | 81 | | SECTION 4. The changes in law made by this Act apply only to |
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| 80 | 82 | | a declaration of an informal marriage executed on or after the |
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| 81 | 83 | | effective date of this Act. A declaration executed before the |
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| 82 | 84 | | effective date of this Act is governed by the law in effect on the |
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| 83 | 85 | | date the declaration was executed, and the former law is continued |
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| 84 | 86 | | in effect for that purpose. |
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| 85 | 87 | | SECTION 5. This Act takes effect September 1, 2025. |
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