Honorable Ralph Prince 

Criminal District Attorney 

Box 2403 

Longview, Texas 

Opinion No. Ww-773 

Rc: Questions concerning 

House,&11 48, Acts 

56th Legislature, Second Called Session, 

relating to issuance 

of marriage licenses 

Dear Mr. Prince: by the County Clerk. 

You have requested an opinion concerning 

House Bill 48, Acts 56th Legislature,~,.Second Called Session, 1959, Chapter 20, Page X13, on the 

following three questions which we quote from 

your request: 

"Question 1: Must the doctor's 

certificate and written parental consent provided for in,Sec. (a) be && 

nowled ed or 

F5Tzmhzvit? 

should it be sworn to as 

"Question 2: Must the clerk retain all original marriage licenses 

returned to him, only those issued 

on doctor's certificate and written 

parental consent, or in g instance? 

years? If,,not, what requirements may 

he waive? 
Hon. Ralph Prince, Page 2 (WW-773) 

The relevant port:ons of House Bill No. 48 are 

as follows: 

“Section 1. Article 4605 of the 

Revised Civil Statutes of Texas, 1925, 

is amended to read as follows: 

“‘Article 4605. Consent of parent 

or guardian and issuance of license. 

” I (a). Any unmarried male of the 

age of twenty-one (21) years or upwards, 

or any unmarried female of the age of 

eighteen (18) years or upwards and not 

otherwise disqualified, is capable of 

contracting and consenting to marriage; 

but no female under the age of eighteen 

(18) years and no male under the age of 

twenty-one (21) years shall enter into 

the marriage relation, nor shall any license issue therefor, except upon the 

consent and authori’ty expressly given 

by the parent or guardian of such’underage applicant in the presence of the author- 

,ity issuing such license; ‘provided further that if the certificate of a duly 

licensed medical doctor or osteopath, 

acknowledged before an officer authorized 

by law to take acknowledgments and stating that such parent or guardian is unable 

by reason of health or incapacity to be 

present in person, is presented to such 

licensing authority, the license may issue 

on the written consent of such parent or 

guardian, acknowledged in the same manner 

as the accompanying medical certificate. 

Any such certificate and written permission 

shall be retained by the official issuing 

the marriage license, together with the 

returned license. Nothing herein shall be 

construed to effect the issuance of a 

marriage license in a seduction prosecution. If ‘a minor has neither parent or 

guardian, then the clerk shall not issue 

a license without the consent of the county 

judge,of the county of the residence of such 

minor, such consent to be in writing ana 

signed and acknowledged b,y such county judge. 
Hon. Ralph Prince, Page 3 (W’b773) 

"l(b). The county clerk,'upon application in writing signed and sworn to in 

person before him by both of the parties to 

be married setting forth their places of 

residence and setting forth their full names 

and ages as the same appear upon a certified copy of birth certificate, or upon a 

current motor vehicle operator's, chauffeur's, 

or commercial license or upon a current voter's 

registration certificate, or upon a current 

passport or visa or upon any other certificate, license or document issued by or existing pursuant to the laws of any nation or of 

any state or other governmental subdivision 

thereof, when each sudh document accepted as 

proof of identity and age is described with 

reasonable particularity in the application, 

shall also set forth that such persons to be 

married are not disqualified or incapable 

of entering into the marriage relation, nor 

of the relationship prohibited by law, and 

being ,satisfied of the truth and sufficiency 

of such application and that there is no legal 

impediment to such marriage, and aft,er applicatlon for such marriage license has issued, shall issue the license a,uthorizing 

such marriage; provided however, that in 

the event the male party is under the age 

of twenty-one (21) years or the female party 

is under the age of eighteen (18) years such 

application shall have been on file in the 

County C'lerk's office for a period of not 

less than three (3) days. 

"l(c). Provided however that the county 

judge in his discretion may waive the requirements listed in (a) and (b) above.'" 

With regard to your first question, it is our 

opinion that, whatever might be said in favor of a requirement that these documents be sworn to the requirement of paragraph (a) of 'House Bill 46 is plainly 

that the physician's certificate and parental consent 

be,acknowledged 'before an officer' authorized by law 

to take acknowledgments", rather than being sworn to. 

With regard to your Question 2, it was held in 
. . 

Hon. Ralph Prince, page 4 (WW-773) 

Attorney General’s Opinion No. WW-751 (1959) that 

House Bill No. 4% does’ not direct the Clerk to retain 

the returned marriage license in any instance; accordingly, only your Question 1, just discussed, and Question 3 remain open fork determination in the present 

opinion. 

With regard to your Question 3, it is our 

opinion that paragraph (c) of Section 1 of Hous,e Bill 

48, in stating “provided however, that the county 

judge in his discretion hay waive the requirements listed in (a) and (b) above’“, is intended to vest in the 

county judge authorit to waive all requirements contained in paragraphs “i a) and (b)of Section 1. There 

remains the question of which provisions of paragraphs 

(a) and (b) constitute “re uirements” within the contemplation of paragraph (~7. It is sufficient to say, 

however, without undertaking to en,umerate these provisions individually, that the effect of paragraph (c) 

is that all acts whi,ch by virtue of House Bill 48, Section 1, are required to ,be performed by any person as 

a condition, for the proper issuance of, a marriag~e license, 

may be held by the county judge in his discretion to be 

unnecessary for such issuance. Thus, for example, paragraph (c) is applicable--though not exclusively so-- 

to the requirement contained in paragraph (b) that the 

clerk shall not.issue a license to certain applicants 

unless the application shall hive been on file in the 

count?? clerk’s office,for a period of not less than 

three” days. 

(1) 

(2) 

SUMMARY 

Paragraph (a) of Section 1 

of House Bill 48, Acts 56th 

Legislature, Second Called 

Session, 1959. Chapter 20, 

Page 113, requires- th,at the 

physician’s certificate and 

written parental ‘consent 

provided for therein trust 

be acknowledged rather than 

being sworn to. 

Paragraph (c) of Section 1 

of House Bill 4% vests in 
Hon. Ralph Prince, page 5 (w-773) 

the county judge authority to 

waive all oequirements contained in paragraphs (a) and (b) of 

Section 1 of House Bill 48. 

Very truly yours, 

WILL WILSON 

Attorney General 'of Texas 

LH:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Grundy Williams 

John Reeves 

C. Dean Davis 

Bob Eric Shannon 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore