Tex. Fam. Code § 2.201-2.209

TEXAS FAMILY CODE Chapter 2, Subchapter C — CEREMONY AND RETURN OF LICENSE CHAPTER 2 • THE MARRIAGE RELATIONSHIP Subchapter C: CEREMONY AND RETURN 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. 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 (b-1) Repealed by Acts 2023, 88th Leg., R.S., Ch. 394 (H.B. 907), Sec. 2, eff.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. Septemb 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 2, Subchapter C — CEREMONY AND RETURN OF LICENSE 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. 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 ) 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. 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, reli 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. 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 2, Subchapter C — CEREMONY AND RETURN OF 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. Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. (a) The county clerk shall record a returned marriage license and mail the license to ed by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3