§ 2.006. ABSENT APPLICANT. (a) If an applicant 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) the affidavit of the absent applicant as provided by this subchapter; (2) proof of the identity and age of the absent applicant as provided by this subchapter; and (3) if required because the absent applicant is a person under 18 years of age, the documents establishing parental consent, documents establishing that a prior marriage has been dissolved, or a court order authorizing the marriage of the absent, underage applicant. (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: (1) on active duty as a member of the armed forces of the United States or the state military forces; or (2) confined in a correctional facility, as defined by Section 1.07, Penal Code. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 2005, 79th Leg., ch. 947, § 1, eff. Sept. 1, 2005.

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Last modified: August 10, 2007