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Texas Family Code - Section 2.404. Recording Of Declaration Of Informal Marriage

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 2.404. Recording Of Declaration Of Informal Marriage

§ 2.404. RECORDING OF DECLARATION OF INFORMAL 
MARRIAGE.  (a) The county clerk shall:
		(1)  determine that all necessary information is 
recorded on the declaration of informal marriage form and that all 
necessary documents are submitted to the clerk;
		(2)  administer the oath to each party to the 
declaration;                  
		(3)  have each party sign the declaration in the clerk's 
presence;  and     
		(4)  execute the clerk's certificate to the 
declaration.                    
	(b)  The county clerk may not certify or record the 
declaration if:          
		(1)  either party fails to supply any information or 
provide any document required by this subchapter;
		(2)  either party is under 18 years of age;  or                               
		(3)  either party checks "false" in response to the 
statement of relationship to the other party.
	(c)  On execution of the declaration, the county clerk shall 
record the declaration and all documents submitted with the 
declaration or note a summary of them on the declaration form, 
deliver the original of the declaration to the parties, and send a 
copy to the bureau of vital statistics.
	(d)  A declaration recorded as provided in this section is 
prima facie evidence of the marriage of the parties.
	(e)  At the time the parties sign the declaration, the clerk 
shall distribute to each party printed materials about acquired 
immune deficiency syndrome (AIDS) and human immunodeficiency virus 
(HIV).  The clerk shall note on the declaration that the 
distribution was made.  The materials shall be prepared and 
provided to the clerk by the Texas Department of Health and shall be 
designed to inform the parties about:
		(1)  the incidence and mode of transmission of AIDS and 
HIV;                
		(2)  the local availability of medical procedures, 
including voluntary testing, designed to show or help show whether 
a person has AIDS or HIV infection, antibodies to HIV, or infection 
with any other probable causative agent of AIDS;  and
		(3)  available and appropriate counseling services 
regarding AIDS and HIV infection.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.  
Amended by Acts 1997, 75th Leg., ch. 1362, § 2, eff. Sept. 1, 
1997.

Last modified: August 11, 2007