Sec. 2.005. PROOF OF IDENTITY AND AGE. (a) The county clerk shall require proof of the identity and age of each applicant.
(b) The proof must be established by:
(1) a driver's license or identification card issued by this state, another state, or a Canadian province that is current or has expired not more than two years preceding the date the identification is submitted to the county clerk in connection with an application for a license;
(2) a United States passport;
(3) a current passport issued by a foreign country or a consular document issued by a state or national government;
(4) an unexpired Certificate of United States Citizenship, Certificate of Naturalization, United States Citizen Identification Card, Permanent Resident Card, Temporary Resident Card, Employment Authorization Card, or other document issued by the federal Department of Homeland Security or the United States Department of State including an identification photograph;
(5) an unexpired military identification card for active duty, reserve, or retired personnel with an identification photograph;
(6) an original or certified copy of a birth certificate issued by a bureau of vital statistics for a state or a foreign government;
(7) an original or certified copy of a Consular Report of Birth Abroad or Certificate of Birth Abroad issued by the United States Department of State;
(8) an original or certified copy of a court order relating to the applicant's name change or sex change;
(9) school records from a secondary school or institution of higher education;
(10) an insurance policy continuously valid for the two years preceding the date of the application for a license;
(11) a motor vehicle certificate of title;
(12) military records, including documentation of release or discharge from active duty or a draft record;
(13) an unexpired military dependent identification card;
(14) an original or certified copy of the applicant's marriage license or divorce decree;
(15) a voter registration certificate;
(16) a pilot's license issued by the Federal Aviation Administration or another authorized agency of the United States;
(17) a license to carry a handgun under Subchapter H, Chapter 411, Government Code;
(18) a temporary driving permit or a temporary identification card issued by the Department of Public Safety; or
(19) an offender identification card issued by the Texas Department of Criminal Justice.
(c) A person commits an offense if the person knowingly provides false, fraudulent, or otherwise inaccurate proof of an applicant'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. 4.06, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 10, eff. January 1, 2016.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Chapter 2 - The Marriage Relationship
Subchapter A. Application for Marriage License
Section 2.001. Marriage License
Section 2.002. Application for License
Section 2.003. Application for License by Minor
Section 2.004. Application Form
Section 2.005. Proof of Identity and Age
Section 2.006. Absent Applicant
Section 2.007. Affidavit of Absent Applicant
Section 2.0071. Maintenance of Records by Clerk Relating to License for Absent Applicant
Section 2.008. Execution of Application by Clerk
Section 2.009. Issuance of License
Section 2.0091. Application for and Issuance of License Through Remote Technology
Section 2.010. AIDS Information; Posting on Internet
Section 2.012. Violation by County Clerk; Penalty