reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.013. Premarital Education Courses

Sec. 2.013.  PREMARITAL EDUCATION COURSES.  (a)  Each person applying for a marriage license is encouraged to attend a premarital education course of at least   eight hours during the year preceding the date of the application for the license.
(b)   A premarital education course must include instruction in:
(1)  conflict management;
(2)  communication skills; and
(3)  the key components of a successful marriage.
(c)  A course under this section should be offered by instructors trained in a skills-based and research-based marriage preparation curricula. The following individuals and organizations may provide courses:
(1)  marriage educators;
(2)  clergy or their designees;
(3)  licensed mental health professionals;
(4)  faith-based organizations;  and
(5)  community-based organizations.
(d)  The curricula of a premarital education course must meet the requirements of this section and provide the skills-based and research-based curricula of:
(1)  the United States Department of Health and Human Services healthy marriage initiative;
(2)  the National Healthy Marriage Resource Center;
(3)  criteria developed by the Health and Human Services Commission; or
(4)  other similar resources.
(e)  The Health and Human Services Commission shall maintain an Internet website on which individuals and organizations described by Subsection (c) may electronically register with the commission to indicate the skills-based and research-based curriculum in which the registrant is trained.
(f)   A person who provides a premarital education course shall provide a signed and dated completion certificate to each individual who completes the course.  The certificate must include the name of the course, the name of the course provider, and the completion date.
Added by Acts 1999, 76th Leg., ch. 185, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 327 (H.B. 2685), Sec. 1, eff. September 1, 2008.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.014. Family Trust Fund

Sec. 2.014.  FAMILY TRUST FUND.  (a)  The family trust fund is created as a trust fund with the state comptroller and shall be administered by the attorney general for the beneficiaries of the fund.
(b)  Money in the trust fund is derived from depositing $3 of each marriage license fee as authorized under Section 118.018(c), Local Government Code, and may be used only for:
(1)  the development of a premarital education handbook;
(2)  grants to institutions of higher education having academic departments that are capable of research on marriage and divorce that will assist in determining programs, courses, and policies to help strengthen families and assist children whose parents are divorcing;
(3)  support for counties to create or administer free or low-cost premarital education courses;
(4)  programs intended to reduce the amount of delinquent child support; and
(5)  other programs the attorney general determines will assist families in this state.
(c)  The premarital education handbook under Subsection (b)(1) must:
(1)  as provided by Section 2.009(c)(5), be made available to each applicant for a marriage license in an electronic form on the Internet website of the child support division of the office of the attorney general or, for an applicant who does not have Internet access, in paper copy form; and
(2)  contain information on:
(A)  conflict management;
(B)  communication skills;
(C)  children and parenting responsibilities; and
(D)  financial responsibilities.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 6(b), and Ch. 755 (S.B. 1731), Sec. 15(b), eff. September 1, 2017.
Added by Acts 1999, 76th Leg., ch. 185, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 890 (H.B. 984), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 6(b), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 15(b), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter B. Underage Applicants › Section 2.101. General Age Requirement

Sec. 2.101.  GENERAL AGE REQUIREMENT.  A county clerk may not issue a marriage license if either applicant is under 18 years of age, unless each underage applicant shows that the applicant has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purposes.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.201. Expiration of License

Sec. 2.201.  EXPIRATION OF LICENSE.  If a marriage ceremony has not been conducted before the 90th day after the date the license is issued, the marriage license expires.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1350 (S.B. 1317), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.202. Persons Authorized to Conduct Ceremony

Sec. 2.202.  PERSONS AUTHORIZED TO CONDUCT CEREMONY.
(a)  The following persons are authorized to conduct a marriage ceremony:
(1)  a licensed or ordained Christian minister or priest;
(2)  a Jewish rabbi;
(3)  a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; and
(4)  a current, former, or retired federal judge or state judge.
(b)  For the purposes of Subsection (a)(4), "federal judge" and "state judge" have the meanings assigned by Section 25.025, Tax Code.
(b-1)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 394 (H.B. 907), Sec. 2, eff. September 1, 2023.
(c)  Except as provided by Subsection (d), a person commits an offense if the person knowingly conducts a marriage ceremony without authorization under this section.  An offense under this subsection is a Class A misdemeanor.
(d)  A person commits an offense if the person knowingly conducts a marriage ceremony of a minor whose marriage is prohibited by law or of a person who by marrying commits an offense under Section 25.01, Penal Code.  An offense under this subsection is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.10, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 134 (S.B. 935), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1350 (S.B. 1317), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1069 (H.B. 2278), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 394 (H.B. 907), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 394 (H.B. 907), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.203. Ceremony

Sec. 2.203.  CEREMONY.  (a)  On receiving an unexpired marriage license, an authorized person may conduct the marriage ceremony as provided by this subchapter.
(b)  A person may assent to marriage by the appearance of a proxy appointed in the affidavit authorized by Subchapter A if the person is:
(1)  a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
(2)  unable to attend the ceremony.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.204. 72-Hour Waiting Period; Exceptions

Sec. 2.204.  72-HOUR WAITING PERIOD;  EXCEPTIONS.  (a)  Except as provided by this section, a marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license.
(b)  The 72-hour waiting period after issuance of a marriage license does not apply to an applicant who:
(1)  is a member of the armed forces of the United States and on active duty;
(2)  is not a member of the armed forces of the United States but performs work for the United States Department of Defense as a department employee or under a contract with the department;
(3)  obtains a written waiver under Subsection (c); or
(4)  completes a premarital education course described by Section 2.013, and who provides to the county clerk a premarital education course completion certificate indicating completion of the premarital education course not more than one year before the date the marriage license application is filed with the clerk.
(c)  An applicant may request a judge of a court with jurisdiction in family law cases, a justice of the supreme court, a judge of the court of criminal appeals, a county judge, a judge of a court of appeals, an associate judge appointed under Chapter 201, an associate judge appointed under Chapter 54A, Government Code, or a justice of the peace for a written waiver permitting the marriage ceremony to take place during the 72-hour period immediately following the issuance of the marriage license.  If the judge, associate judge, or justice finds that there is good cause for the marriage to take place during the period, the judge, associate judge, or justice shall sign the waiver.  Notwithstanding any other provision of law, a judge, associate judge, or justice under this section has the authority to sign a waiver under this section.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1999, 76th Leg., ch. 1052, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1196 (H.B. 418), Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 327 (H.B. 2685), Sec. 2, eff. September 1, 2008.
Acts 2023, 88th Leg., R.S., Ch. 873 (H.B. 4183), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.205. Discrimination in Conducting Marriage Prohibited

Sec. 2.205.  DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED.  (a)  A person authorized to conduct a marriage ceremony by this subchapter is prohibited from discriminating on the basis of race, religion, or national origin against an applicant who is otherwise competent to be married.
(b)  On a finding by the State Commission on Judicial Conduct that a person has intentionally violated Subsection (a), the commission may recommend to the supreme court that the person be removed from office.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.206. Return of License; Penalty

Sec. 2.206.  RETURN OF LICENSE;  PENALTY.  (a)  The person who conducts a marriage ceremony shall record on the license the date on which and the county in which the ceremony is performed and the person's name, subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony is conducted.
(b)  A person who fails to comply with this section commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.207. Marriage Conducted After License Expired; Penalty

Sec. 2.207.  MARRIAGE CONDUCTED AFTER LICENSE EXPIRED;  PENALTY.  (a)  A person who is to conduct a marriage ceremony shall determine whether the license has expired from the county clerk's endorsement on the license.
(b)  A person who conducts a marriage ceremony after the marriage license has expired commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.208. Recording and Delivery of License

Sec. 2.208.  RECORDING AND DELIVERY OF LICENSE.  (a)  The county clerk shall record a returned marriage license and mail the license to the address indicated on the application.  On request by the applicants, the county clerk may e-mail the marriage license to an e-mail address provided to the county clerk by the applicants in addition to mailing the license.
(b)  On the application form the county clerk shall record:
(1)  the date of the marriage ceremony;
(2)  the county in which the ceremony was conducted;  and
(3)  the name of the person who conducted the ceremony.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 538 (H.B. 2767), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter C. Ceremony and Return of License › Section 2.209. Duplicate License

Sec. 2.209.  DUPLICATE LICENSE.  (a)  On request, the county clerk shall issue a certified copy of a recorded marriage license.
(b)  If a marriage license issued by a county clerk is lost, destroyed, or rendered useless, the clerk shall issue a duplicate license.
(c)  If one or both parties to a marriage license discover an error on the recorded marriage license, both parties to the marriage shall execute a notarized affidavit stating the error.  The county clerk shall file and record the affidavit as an amendment to the marriage license, and the affidavit is considered part of the marriage license.  The clerk shall include a copy of the affidavit with any future certified copy of the marriage license issued by the clerk.
(d)  The executive commissioner of the Health and Human Services Commission by rule shall prescribe the form of the affidavit under Subsection (c).
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter D. Validity of Marriage › Section 2.301. Fraud, Mistake, or Illegality in Obtaining License

Sec. 2.301.  FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING LICENSE.  Except as otherwise provided by this chapter, the validity of a marriage is not affected by any fraud, mistake, or illegality that occurred in obtaining the marriage license.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter D. Validity of Marriage › Section 2.302. Ceremony Conducted by Unauthorized Person

Sec. 2.302.  CEREMONY CONDUCTED BY UNAUTHORIZED PERSON.  The validity of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony if:
(1)  there was a reasonable appearance of authority by that person;
(2)  at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid; and
(3)  neither party to the marriage:
(A)  is a minor whose marriage is prohibited by law; or
(B)  by marrying commits an offense under Section 25.01, Penal Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.11, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter E. Marriage Without Formalities › Section 2.401. Proof of Informal Marriage

Sec. 2.401.  PROOF OF INFORMAL MARRIAGE.  (a)  In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1)  a declaration of their marriage has been signed as provided by this subchapter;  or
(2)  the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
(b)  If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
(c)  A person under 18 years of age may not:
(1)  be a party to an informal marriage;  or
(2)  execute a declaration of informal marriage under Section 2.402.
(d)  A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.12, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter E. Marriage Without Formalities › Section 2.402. Declaration and Registration of Informal Marriage

Sec. 2.402.  DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE.  (a)  A declaration of informal marriage must be signed on a form prescribed by the bureau of vital statistics and provided by the county clerk.  Each party to the declaration shall provide the information required in the form.
(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 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.";
(6)  spaces immediately below the printed declaration and oath for the parties' signatures; and
(7)  a certificate of the county clerk that the parties made the declaration and oath and the place and date it was made.
(c)  Repealed by Acts 1997, 75th Leg., ch. 1362, Sec. 4, eff. Sept. 1, 1997.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.13, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter E. Marriage Without Formalities › Section 2.403. Proof of Identity and Age; Offense

Sec. 2.403.  PROOF OF IDENTITY AND AGE; OFFENSE.  (a)  The county clerk shall require proof of the identity and age of each party to the declaration of informal marriage to be established by a document listed in Section 2.005(b).
(b)  A person commits an offense if the person knowingly provides false, fraudulent, or otherwise inaccurate proof of the person's identity or age under this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.14, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter E. Marriage Without Formalities › Section 2.404. Recording of Certificate or Declaration of Informal Marriage

Sec. 2.404.  RECORDING OF CERTIFICATE OR DECLARATION OF INFORMAL MARRIAGE.  (a)  The county clerk shall:
(1)  determine that all necessary information is recorded on the declaration of informal marriage form and that all necessary documents are submitted to the clerk;
(2)  administer the oath to each party to the declaration;
(3)  have each party sign the declaration in the clerk's presence;  and
(4)  execute the clerk's certificate to the declaration.
(a-1)  On the proper execution of the declaration, the clerk may:
(1)  prepare a certificate of informal marriage;
(2)  enter on the certificate the names of the persons declaring their informal marriage and the date the certificate or declaration is issued; and
(3)  record the time at which the certificate or declaration is issued.
(b)  The county clerk may not certify the declaration or issue or record the certificate of informal marriage or declaration if:
(1)  either party fails to supply any information or provide any document required by this subchapter;
(2)  either party is under 18 years of age; or
(3)  either party checks "false" in response to the statement of relationship to the other party.
(c)  On execution of the declaration, the county clerk shall record the declaration or certificate of informal marriage, deliver the original of the declaration to the parties, deliver the original of the certificate of informal marriage to the parties, if a certificate was prepared, and send a copy of the declaration of informal marriage to the bureau of vital statistics.
(d)  An executed declaration or a certificate of informal marriage recorded as provided in this section is prima facie evidence of the marriage of the parties.
(e)  At the time the parties sign the declaration, the clerk shall distribute to each party printed materials about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV).  The clerk shall note on the declaration that the distribution was made.  The materials shall be prepared and provided to the clerk by the Texas Department of Health and shall be designed to inform the parties about:
(1)  the incidence and mode of transmission of AIDS and HIV;
(2)  the local availability of medical procedures, including voluntary testing, designed to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS;  and
(3)  available and appropriate counseling services regarding AIDS and HIV infection.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter E. Marriage Without Formalities › Section 2.405. Violation by County Clerk; Penalty

Sec. 2.405.  VIOLATION BY COUNTY CLERK;  PENALTY.  A county clerk or deputy county clerk who violates this subchapter commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter F. Rights and Duties of Spouses › Section 2.501. Duty to Support

Sec. 2.501.  DUTY TO SUPPORT.  (a)  Each spouse has the duty to support the other spouse.
(b)  A spouse who fails to discharge the duty of support is liable to any person who provides necessaries to the spouse to whom support is owed.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter G. Freedom of Religion With Respect to Recognizing or Performing Certain Marriages › Section 2.601. Rights of Certain Religious Organizations

Sec. 2.601.  RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS.  A religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief.
Added by Acts 2015, 84th Leg., R.S., Ch. 434 (S.B. 2065), Sec. 1, eff. June 11, 2015.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter G. Freedom of Religion With Respect to Recognizing or Performing Certain Marriages › Section 2.602. Discrimination Against Religious Organization Prohibited

Sec. 2.602.  DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED.  A refusal to provide services, accommodations, facilities, goods, or privileges under Section 2.601 is not the basis for a civil or criminal cause of action or any other action by this state or a political subdivision of this state to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any protected organization or individual.
Added by Acts 2015, 84th Leg., R.S., Ch. 434 (S.B. 2065), Sec. 1, eff. June 11, 2015.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.001. Separate Property

Sec. 3.001.  SEPARATE PROPERTY.  A spouse's separate property consists of:
(1)  the property owned or claimed by the spouse before marriage;
(2)  the property acquired by the spouse during marriage by gift, devise, or descent;  and
(3)  the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.002. Community Property

Sec. 3.002.  COMMUNITY PROPERTY.  Community property consists of the property, other than separate property, acquired by either spouse during marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.003. Presumption of Community Property

Sec. 3.003.  PRESUMPTION OF COMMUNITY PROPERTY.  (a)  Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
(b)  The degree of proof necessary to establish that property is separate property is clear and convincing evidence.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.004. Recordation of Separate Property

Sec. 3.004.  RECORDATION OF SEPARATE PROPERTY.  (a)  A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, or one of them, reside and in the county or counties in which the real property is located.
(b)  A schedule of a spouse's separate real property is not constructive notice to a good faith purchaser for value or a creditor without actual notice unless the instrument is acknowledged and recorded in the deed records of the county in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.005. Gifts Between Spouses

Sec. 3.005.  GIFTS BETWEEN SPOUSES.  If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.006. Proportional Ownership of Property by Marital Estates

Sec. 3.006.  PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITAL ESTATES.  If the community estate of the spouses and the separate estate of a spouse have an ownership interest in property, the respective ownership interests of the marital estates are determined by the rule of inception of title.
Added by Acts 1999, 76th Leg., ch. 692, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 838, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.007. Property Interest in Certain Employee Benefits

Sec. 3.007.  PROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS.  (a)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1), eff. September 1, 2009.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1), eff. September 1, 2009.
(c)  The separate property interest of a spouse in a defined contribution retirement plan may be traced using the tracing and characterization principles that apply to a nonretirement asset.
(d)  A spouse who is a participant in an employer-provided stock option plan or an employer-provided restricted stock plan has a separate property interest in the options or restricted stock granted to the spouse under the plan as follows:
(1)  if the option or stock was granted to the spouse before marriage but required continued employment during marriage before the grant could be exercised or the restriction removed, the spouse's separate property interest is equal to the fraction of the option or restricted stock in which:
(A)  the numerator is the sum of:
(i)  the period from the date the option or stock was granted until the date of marriage; and
(ii)  if the option or stock also required continued employment following the date of dissolution of the marriage before the grant could be exercised or the restriction removed, the period from the date of dissolution of the marriage until the date the grant could be exercised or the restriction removed; and
(B)  the denominator is the period from the date the option or stock was granted until the date the grant could be exercised or the restriction removed; and
(2)  if the option or stock was granted to the spouse during the marriage but required continued employment following the date of dissolution of the marriage before the grant could be exercised or the restriction removed, the spouse's separate property interest is equal to the fraction of the option or restricted stock in which:
(A)  the numerator is the period from the date of dissolution of the marriage until the date the grant could be exercised or the restriction removed; and
(B)  the denominator is the period from the date the option or stock was granted until the date the grant could be exercised or the restriction removed.
(e)  The computation described by Subsection (d) applies to each component of the benefit requiring varying periods of employment before the grant could be exercised or the restriction removed.
(f)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 11(1), eff. September 1, 2009.
Added by Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 11(1), eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter A. General Rules for Separate and Community Property › Section 3.008. Property Interest in Certain Insurance Proceeds

Sec. 3.008.  PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS.  (a)  Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.
(b)  If a person becomes disabled or is injured, any disability insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married.  To the extent that any insurance payment or workers' compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.
Added by Acts 2005, 79th Leg., Ch. 490 (H.B. 410), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter B. Management, Control, and Disposition of Marital Property › Section 3.101. Managing Separate Property

Sec. 3.101.  MANAGING SEPARATE PROPERTY.  Each spouse has the sole management, control, and disposition of that spouse's separate property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter B. Management, Control, and Disposition of Marital Property › Section 3.102. Managing Community Property

Sec. 3.102.  MANAGING COMMUNITY PROPERTY.  (a)  During marriage, each spouse has the sole management, control, and disposition of the community property that the spouse would have owned if single, including:
(1)  personal earnings;
(2)  revenue from separate property;
(3)  recoveries for personal injuries;  and
(4)  the increase and mutations of, and the revenue from, all property subject to the spouse's sole management, control, and disposition.
(b)  If community property subject to the sole management, control, and disposition of one spouse is mixed or combined with community property subject to the sole management, control, and disposition of the other spouse, then the mixed or combined community property is subject to the joint management, control, and disposition of the spouses, unless the spouses provide otherwise by power of attorney in writing or other agreement.
(c)  Except as provided by Subsection (a), community property is subject to the joint management, control, and disposition of the spouses unless the spouses provide otherwise by power of attorney in writing or other agreement.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter B. Management, Control, and Disposition of Marital Property › Section 3.103. Managing Earnings of Minor

Sec. 3.103.  MANAGING EARNINGS OF MINOR.  Except as provided by Section 264.0111, during the marriage of the parents of an unemancipated minor for whom a managing conservator has not been appointed, the earnings of the minor are subject to the joint management, control, and disposition of the parents of the minor, unless otherwise provided by agreement of the parents or by judicial order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 964, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter B. Management, Control, and Disposition of Marital Property › Section 3.104. Protection of Third Persons

Sec. 3.104.  PROTECTION OF THIRD PERSONS.  (a)  During marriage, property is presumed to be subject to the sole management, control, and disposition of a spouse if it is held in that spouse's name, as shown by muniment, contract, deposit of funds, or other evidence of ownership, or if it is in that spouse's possession and is not subject to such evidence of ownership.
(b)  A third person dealing with a spouse is entitled to rely, as against the other spouse or anyone claiming from that spouse, on that spouse's authority to deal with the property if:
(1)  the property is presumed to be subject to the sole management, control, and disposition of the spouse;  and
(2)  the person dealing with the spouse:
(A)  is not a party to a fraud on the other spouse or another person;  and
(B)  does not have actual or constructive notice of the spouse's lack of authority.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter C. Marital Property Liabilities › Section 3.201. Spousal Liability

Sec. 3.201.  SPOUSAL LIABILITY.  (a)  A person is personally liable for the acts of the person's spouse only if:
(1)  the spouse acts as an agent for the person;  or
(2)  the spouse incurs a debt for necessaries as provided by Subchapter F, Chapter 2.
(b)  Except as provided by this subchapter, community property is not subject to a liability that arises from an act of a spouse.
(c)  A spouse does not act as an agent for the other spouse solely because of the marriage relationship.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter C. Marital Property Liabilities › Section 3.202. Rules of Marital Property Liability

Sec. 3.202.  RULES OF MARITAL PROPERTY LIABILITY.  (a)  A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.
(b)  Unless both spouses are personally liable as provided by this subchapter, the community property subject to a spouse's sole management, control, and disposition is not subject to:
(1)  any liabilities that the other spouse incurred before marriage;  or
(2)  any nontortious liabilities that the other spouse incurs during marriage.
(c)  The community property subject to a spouse's sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage.
(d)  All community property is subject to tortious liability of either spouse incurred during marriage.
(e)  For purposes of this section, all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various public retirement system accounts of this state that are community property subject to the participating spouse's sole management, control, and disposition are not subject to any claim for payment of a criminal restitution judgment entered against the nonparticipant spouse except to the extent of the nonparticipant spouse's interest as determined in a qualified domestic relations order under Chapter 804, Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1244 (S.B. 2324), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter C. Marital Property Liabilities › Section 3.203. Order in Which Property Is Subject to Execution

Sec. 3.203.  ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.  (a)  A judge may determine, as deemed just and equitable, the order in which particular separate or community property is subject to execution and sale to satisfy a judgment, if the property subject to liability for a judgment includes any combination of:
(1)  a spouse's separate property;
(2)  community property subject to a spouse's sole management, control, and disposition;
(3)  community property subject to the other spouse's sole management, control, and disposition;  and
(4)  community property subject to the spouses' joint management, control, and disposition.
(b)  In determining the order in which particular property is subject to execution and sale, the judge shall consider the facts surrounding the transaction or occurrence on which the suit is based.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.301. Missing, Abandoned, or Separated Spouse

Sec. 3.301.   MISSING, ABANDONED, OR SEPARATED SPOUSE.  (a)  A spouse may file a sworn petition stating the facts that make it desirable for the petitioning spouse to manage, control, and dispose of community property described or defined in the petition that would otherwise be subject to the sole or joint management, control, and disposition of the other spouse if:
(1)  the other spouse has disappeared and that spouse's location remains unknown to the petitioning spouse, unless the spouse is reported to be a prisoner of war or missing on public service;
(2)  the other spouse has permanently abandoned the petitioning spouse;  or
(3)  the spouses are permanently separated.
(b)  The petition may be filed in a court in the county in which the petitioner resided at the time the separation began, or the abandonment or disappearance occurred, not earlier than the 60th day after the date of the occurrence of the event.  If both spouses are nonresidents of this state at the time the petition is filed, the petition may be filed in a court in a county in which any part of the described or defined community property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 217, Sec. 23, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.302. Spouse Missing on Public Service

Sec. 3.302.  SPOUSE MISSING ON PUBLIC SERVICE.  (a)  If a spouse is reported by an executive department of the United States to be a prisoner of war or missing on the public service of the United States, the spouse of the prisoner of war or missing person may file a sworn petition stating the facts that make it desirable for the petitioner to manage, control, and dispose of the community property described or defined in the petition that would otherwise be subject to the sole or joint management, control, and disposition of the imprisoned or missing spouse.
(b)  The petition may be filed in a court in the county in which the petitioner resided at the time the report was made not earlier than six months after the date of the notice that a spouse is reported to be a prisoner of war or missing on public service.  If both spouses were nonresidents of this state at the time the report was made, the petition shall be filed in a court in a county in which any part of the described or defined property is located.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.303. Appointment of Attorney

Sec. 3.303.  APPOINTMENT OF ATTORNEY.  (a)  Except as provided by Subsection (b), the court may appoint an attorney in a suit filed under this subchapter for the respondent.
(b)  The court shall appoint an attorney in a suit filed under this subchapter for a respondent reported to be a prisoner of war or missing on public service.
(c)  The court shall allow a reasonable fee for an appointed attorney's services as a part of the costs of the suit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle B - Property Rights and Liabilities › Chapter 3 - Marital Property Rights and Liabilities › Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances › Section 3.304. Notice of Hearing; Citation

Sec. 3.304.  NOTICE OF HEARING;  CITATION.  (a)  Notice of the hearing, accompanied by a copy of the petition, shall be issued and served on the attorney representing the respondent, if an attorney has been appointed.
(b)  If an attorney has not been appointed for the respondent, citation shall be issued and served on the respondent as in other civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.