December 30. 1986 

Bonorable Kent A. Caperton 

Chairman 

Criminal Justice Committee 

Texas State Senate 

P. 0. Box 12068 

Austin; Texas 78711 . 

Dear Senator Caperton: 

Opinion No. JM-606 

Re: Whether a marriage license 

may be issued at a place other 

than a county courthouse 

As chairman of the Senate Criminal Justice Committee, you seek 

the legal opinion of this office regarding the issuance of marriage 

licenses under section 1.01 of the Texas Family Code. You indicate 

that several counties have "sub-courthouses" from which they wish to 

issue marriage licenses. You ask whether existing law authorizes 

counties to issue marriage licenses from branch offices or auxiliary 

cdurthouses. 

Section 1.01 of the Family Code provides, in part, that 

[a] man and a woman desiring to enter into a 

ceremonial marriage shall obtain a marriage 

license from the county clerk of any county of 

this state. 

Because this section requires that a marriage license be obtained 

"from the county clerk," your question raises two related issues: 

whether a marriage license may be issued by a deputy county clerk and 

whether a marriage license may be issued at a branch office or 

auxiliary courthouse. 

Article 1938, V.T.C.S., provides: 

The county clerk may in writing, appoint one or 

more deputies under his hand and the seal of his 

court, which shall be recorded in the office of 

such clerk, and shall be deposited in the office 

of the district clerk. Deputies shall take the 

official oath and shall act in the name of their 

principal. and may do and perform all such 

official acts as may be lawfully done and performed by such clerk in person. When the clerk 

p. 2706 
Honorable Kent A. Caperton - Page 2 (JM-606) 

does not reside at the county seat, he shall have 

a deputy residing there. (Emphasis added). 

The language of this section is clear. Additionally, in Mahon v. 

State, 79 S.W. 28, 30 (Tex. Grim. App. 1904). the Texas Court of 

Criminal Appeals indicated that a deputy county clerk has the same 

authority as the county clerk to issue a marriage license. 

Accordingly, the issuance of a marriage license at a branch office or 

au auxiliary courthouse is not prevented by the fact that the marriage 

license might be issued by a deputy county clerk. 

As a general rule, county business is to be conducted in the 

county courthouse at the county seat. See V.T.C.S. arts. 1602, 1603, 

1605; Hachar'v. County of Webb, 563 S.Wx 693 (Tex. Civ. App. - San 

Antonio 1978, writ ref'd n.r.e.1. The county seat is that community, 

town, or city where the seat of gave-nt is located and where county 

officers perform their functions. Knowles v. Scofield. 598 S.W.2d 

854. 862 (Tex. Grim. App. 1980). Nevertheless, recognizing the 

special needs of more densely populated counties, the Texas Legislature provided several exceptions to these general rules. 

State statutes authorize the creation of branch offices for 

certain county officials outside of the county seat and of auxiliary 

courthouses both at the county seat and outside the county seat in 

counties meeting certain specific criteria. See, e.g.. V.T.C.S. art. 

1605a-5; art. 237Ob-1; art. 2370b-2; 237Ob-3. These statutes 

authorize county officers to maintain branch offices so long as the 

officer continues to maintain an office at the county seat. See art. 

1605a-5, 04; art. 2370b-3. 51. Additionally, section 1 ofarticle 

2370b-3 states that county officers must keep original records of the 

office at the county seat. In summary. in counties in which branch 

offices and auxiliary courthouses are authorized, the county clerk or 

a duly authorized deputy county clerk may issue marriage licenses from 

the branch office or auxiliary courthouse. 

SUMMARY 

In counties in which branch offices for county 

officers are authorized by statute. the county 

clerk or a duly authorized deputy county clerk may 

issue marriage licenses from the branch office. 

MATTOX 

Attorney General of Texas 

p. 2707 
Honorable Kent A. Caperton - Page 3 (JM-606) 

JACK BIGHTOWER 

First Assistant Attorney General 

MARY KFLLER 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman. Opinion Committee 

Prepared by Jennifer Riggs 

Assistant Attorney General 

p. 2708