Relating to the confidentiality of certain information on a declaration of informal marriage, the official text

H.B. No. 1193

AN ACT

relating to the confidentiality of certain information on a

declaration of informal marriage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.402(b), Family Code, is amended to

read as follows:

(b) The declaration form must contain:

(1) a heading entitled "Declaration and Registration

of Informal Marriage, ___________ County, Texas";

(2) spaces for each party's full name, including the

woman's maiden surname, address, date of birth, place of birth,

including city, county, and state, and social security number, if

any;

(3) a space for indicating the type of document

tendered by each party as proof of age and identity;

(4) printed boxes for each party to check "true" or

"false" in response to the following statement: "The other party is

not related to me as:

(A) an ancestor or descendant, by blood or

adoption;

(B) a brother or sister, of the whole or half

blood or by adoption;

(C) a parent's brother or sister, of the whole or

half blood or by adoption;

(D) a son or daughter of a brother or sister, of

the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent;

or

(F) a son or daughter of a parent's brother or

sister, of the whole or half blood or by adoption.";

(5) a printed box for either party to check "Yes,

please keep the identifying information on this form

confidential.";

(6) a printed declaration and oath reading: "I

SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO

EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE

AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS

HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE

WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE

NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND

THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";

(7) [(6)] spaces immediately below the printed

declaration and oath for the parties' signatures; and

(8) [(7)] a certificate of the county clerk that the

parties made the declaration and oath and the place and date it was

made.

SECTION 2. Subchapter E, Chapter 2, Family Code, is amended

by adding Section 2.406 to read as follows:

Sec. 2.406. CONFIDENTIALITY OF CERTAIN INFORMATION. If a

party to a declaration of informal marriage has checked the box

described by Section 2.402(b)(5), the county clerk may not:

(1) publicly publish the personally identifying

information of either party, other than the names of the parties; or

(2) release 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. Section 194.004, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (c) to

read as follows:

(a) Except as otherwise provided by this section,

the [The] vital statistics unit shall furnish on request any

information it has on record relating to any marriage, divorce, or

annulment of marriage.

(c) 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, the vital statistics unit may not furnish 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. The changes in law made by this Act apply only to

a declaration of an informal marriage executed on or after the

effective date of this Act. A declaration executed before the

effective date of this Act 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.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 1193 was passed by the House on May 2,

2025, by the following vote: Yeas 119, Nays 13, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1193 was passed by the Senate on May

19, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor