Bill Text: TX HB2091 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the confidentiality of certain information on a marriage license, an application for a marriage license, and a declaration of informal marriage.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Engrossed - Dead) 2023-05-01 - Referred to Jurisprudence [HB2091 Detail]

Download: Texas-2023-HB2091-Engrossed.html

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88R7979 AMF-D
By: Manuel, Rose, Morales of Harris, Plesa, H.B. No. 2091
Hinojosa

A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain information on a
marriage license, an application for a marriage license, and a
declaration of informal marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.004(b), Family Code, is amended to
read as follows:
(b) The application form must contain:
(1) a heading entitled "Application for Marriage
License, ____________ County, Texas";
(2) spaces for each applicant's full name, including
the woman's maiden surname, address, social security number, if
any, date of birth, and place of birth, including city, county, and
state;
(3) a space for indicating the document tendered by
each applicant as proof of identity and age;
(4) spaces for indicating whether each applicant has
been divorced within the last 30 days;
(5) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently married and the other applicant is not presently
married.";
(6) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "The other
applicant 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.";
(7) printed boxes for each applicant to check "true"
or "false" in response to the following statement: "I am not
presently delinquent in the payment of court-ordered child
support.";
(8) a printed box for either applicant to check "Yes,
please keep the identifying information on this form confidential"
in response to the following statement: "If either applicant named
on this form is or has been a victim of family violence, dating
violence, sexual assault, stalking, or human trafficking and would
like the identifying information on this form to be kept
confidential, check the following box.";
(9) a printed oath reading: "I SOLEMNLY SWEAR (OR
AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
CORRECT.";
(10) [(9)] spaces immediately below the printed oath
for the applicants' signatures;
(11) [(10)] a certificate of the county clerk that:
(A) each applicant made the oath and the date and
place that it was made; or
(B) an applicant did not appear personally but
the prerequisites for the license have been fulfilled as provided
by this chapter;
(12) [(11)] spaces for indicating the date of the
marriage and the county in which the marriage is performed;
(13) [(12)] a space for the address to which the
applicants desire the completed license to be mailed; and
(14) [(13)] a printed box for each applicant to check
indicating that the applicant wishes to make a voluntary
contribution of $5 to promote healthy early childhood by supporting
the Texas Home Visiting Program administered by the Office of Early
Childhood Coordination of the Health and Human Services Commission.
SECTION 2. Subchapter A, Chapter 2, Family Code, is amended
by adding Section 2.011 to read as follows:
Sec. 2.011. CONFIDENTIALITY OF CERTAIN INFORMATION. If an
applicant for a marriage license has checked the box described by
Section 2.004(b)(8), the county clerk may not:
(1) publicly publish the personally identifying
information of either applicant, other than the names of the
applicants; or
(2) release a copy of the application or license that
includes the personally identifying information of either
applicant, other than the names of the applicants, to anyone other
than an applicant named on the license or the applicant's legal
representative.
SECTION 3. 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"
in response to the following statement: "If either party named on
this form is or has been a victim of family violence, dating
violence, sexual assault, stalking, or human trafficking and would
like the identifying information on this form to be kept
confidential, check the following box.";
(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 4. 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 5. 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 marriage has checked the box described by
Section 2.004(b)(8) or 2.402(b)(5), Family Code, on the marriage
license application or declaration of informal marriage, as
applicable, 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 6. The changes in law made by this Act apply only to
an application for a marriage license filed, or a declaration of an
informal marriage executed, as applicable, on or after the
effective date of this Act. An application filed or declaration
executed before the effective date of this Act is governed by the
law in effect on the date the application was filed or the
declaration was executed, and the former law is continued in effect
for that purpose.
SECTION 7. This Act takes effect September 1, 2023.