Sec. 2.006. ABSENT APPLICANT. (a) If an applicant who is 18 years of age or older is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.
(b) The person applying on behalf of an absent applicant shall provide to the clerk:
(1) notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter; and
(2) proof of the identity and age of the absent applicant under Section 2.005(b).
(c) Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 947 (H.B. 858), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 2, eff. September 1, 2017.
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