§ 2.009. ISSUANCE OF LICENSE. (a) Except as provided by Subsections (b) and (d), the county clerk may not issue a license if either applicant: (1) fails to provide the information required by this subchapter; (2) fails to submit proof of age and identity; (3) is under 16 years of age and has not been granted a court order as provided by Section 2.103; (4) is 16 years of age or older but under 18 years of age and has not presented at least one of the following: (A) parental consent as provided by Section 2.102; (B) documents establishing that a prior marriage of the applicant has been dissolved; or (C) a court order as provided by Section 2.103; (5) checks "false" in response to a statement in the application, except as provided by Subsection (b) or (d), or fails to make a required declaration in an affidavit required of an absent applicant; or (6) indicates that the applicant has been divorced by a decree of a court of this state within the last 30 days, unless: (A) the applicants were divorced from each other; or (B) the prohibition against remarriage is waived as provided by Section 6.802. (b) If an applicant checks "false" in response to the statement "I am not presently married and the other applicant is not presently married," the county clerk shall inquire as to whether the applicant is presently married to the other applicant. If the applicant states that the applicant is currently married to the other applicant, the county clerk shall record that statement on the license before the administration of the oath. The county clerk may not refuse to issue a license on the ground that the applicants are already married to each other. (c) On the proper execution of the application, the clerk shall: (1) prepare the license; (2) enter on the license the names of the licensees, the date that the license is issued, and, if applicable, the name of the person appointed to act as proxy for an absent applicant, if any; (3) record the time at which the license was issued; (4) distribute to each applicant printed materials about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) and note on the license that the distribution was made; and (5) distribute to each applicant a premarital education handbook provided by the attorney general under Section 2.014. (d) The county clerk may not refuse to issue a license to an applicant on the ground that the applicant checked "false" in response to the statement "I am not presently delinquent in the payment of court-ordered child support." Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 776, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 6.01(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 185, § 1, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 268, § 4.08, eff. Sept. 1, 2005.

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Last modified: August 10, 2007