Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE A. MARRIAGE · CHAPTER 2. THE MARRIAGE RELATIONSHIP
Texas Codes

Tex. Fam. Code § 2.005 (2026)

Proof Of Identity And Age

✓ current as of May 2026
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Sec. 2.005. PROOF OF IDENTITY AND AGE. (a) The county clerk shall require proof of the identity and age of each applicant.

(b) The proof must be established by:

(1) a driver's license or identification card issued by this state, another state, or a Canadian province that is current or has expired not more than two years preceding the date the identification is submitted to the county clerk in connection with an application for a license;

(2) a United States passport;

(3) a current passport issued by a foreign country or a consular document issued by a state or national government;

(4) an unexpired Certificate of United States Citizenship, Certificate of Naturalization, United States Citizen Identification Card, Permanent Resident Card, Temporary Resident Card, Employment Authorization Card, or other document issued by the federal Department of Homeland Security or the United States Department of State including an identification photograph;

(5) an unexpired military identification card for active duty, reserve, or retired personnel with an identification photograph;

(6) an original or certified copy of a birth certificate issued by a bureau of vital statistics for a state or a foreign government;

(7) an original or certified copy of a Consular Report of Birth Abroad or Certificate of Birth Abroad issued by the United States Department of State;

(8) an original or certified copy of a court order relating to the applicant's name change or sex change;

(9) school records from a secondary school or institution of higher education;

(10) an insurance policy continuously valid for the two years preceding the date of the application for a license;

(11) a motor vehicle certificate of title;

(12) military records, including documentation of release or discharge from active duty or a draft record;

(13) an unexpired military dependent identification card;

(14) an original or certified copy of the applicant's marriage license or divorce decree;

(15) a voter registration certificate;

(16) a pilot's license issued by the Federal Aviation Administration or another authorized agency of the United States;

(17) a license to carry a handgun under Subchapter H, Chapter 411, Government Code;

(18) a temporary identification card issued by the Department of Public Safety; or

(19) an offender identification card issued by the Texas Department of Criminal Justice.

(c) A person commits an offense if the person knowingly provides false, fraudulent, or otherwise inaccurate proof of an applicant's identity or age under this section. An offense under this subsection is a Class A misdemeanor.

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. 4.06, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 2, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 10, eff. January 1, 2016.

Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 7, eff. September 1, 2023.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2014–2025 · leading case: in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014).
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in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014). · cites it 6× “See Tex. Fam. Code Ann. § 2.005 (b)(8) (West Supp.”
Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025). “002 (c)(2), (8) (2020); and to marry, Tex. Fam. Code §2.005(a) (Cum. Supp. 2024).”
In re Gray & Rice, 2021 UT 13 (Utah 2021). “2016) (quoting TEX. FAM. CODE § 2.005(b)(8)). The Texas court of appeals opined that because the legislature enacted procedures for name-change petitions but not for sex-change petitions, it did not ―intend[] to create a new justiciable right of action for a sex change order‖…”
In RE Brandon Groves MCREYNOLDS, an Adult, 502 S.W.3d 884 (Tex. App. 2016). “” He then asserted that Texas Family Code § 2.005(b)(8) authorized the court to award the requested relief.”
in the Interest of N.I.V.S. & M.C.V.S. (Tex. App. 2015). “The trial court did not make any findings regarding Villarreal’s theories of standing under the doctrines of in loco parentis, unconsionability and estoppel, and psychological parent. Villarreal requested findings of fact and conclusions of law, and also filed a notice of past…”
— Tex. Fam. Code § 2.005(8) — 1 case
in the Interest of N.I.V.S. & M.C.V.S. (Tex. App. 2015). “The trial court did not make any findings regarding Villarreal’s theories of standing under the doctrines of in loco parentis, unconsionability and estoppel, and psychological parent. Villarreal requested findings of fact and conclusions of law, and also filed a notice of past…”
— Tex. Fam. Code § 2.005(a) — 2 cases
Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025). “002 (c)(2), (8) (2020); and to marry, Tex. Fam. Code §2.005(a) (Cum. Supp. 2024).”
in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014). “See Tex. Fam. Code Ann. § 2.005 (b)(8) (West Supp.”
— Tex. Fam. Code § 2.005(b)(8) — 3 cases
In re Gray & Rice, 2021 UT 13 (Utah 2021). “2016) (quoting TEX. FAM. CODE § 2.005(b)(8)). The Texas court of appeals opined that because the legislature enacted procedures for name-change petitions but not for sex-change petitions, it did not ―intend[] to create a new justiciable right of action for a sex change order‖…”
In RE Brandon Groves MCREYNOLDS, an Adult, 502 S.W.3d 884 (Tex. App. 2016). “” He then asserted that Texas Family Code § 2.005(b)(8) authorized the court to award the requested relief.”
in the Est. of Thomas Trevino Araguz III, 443 S.W.3d 233 (Tex. App. 2014). “See Tex. Fam. Code Ann. § 2.005 (b)(8) (West Supp.”
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