HB1193 - Relating to the confidentiality of certain information on a declaration of informal marriage.

      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