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.