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

Tex. Fam. Code § 2.006 (2026)

Absent Applicant

✓ laws through the 89th Legislature (2025)
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Sec. 2.006. ABSENT APPLICANT. (a) If an applicant who is 18 years of age or older 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) notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter; and

(2) proof of the identity and age of the absent applicant under Section 2.005(b).

(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 a member of the armed forces of the United States stationed in another country in support of combat or another military operation.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 947 (H.B. 858), Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 3, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 1, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 2, eff. September 1, 2017.

Notes of Decisions
Cited in 2 cases, 2005–2005 · leading case: Wenceslao Fonseca v. State, No. 03-03-00480-CR (Tex. App.—Austin Dec. 15, 2005).
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Wenceslao Fonseca v. State, No. 03-03-00480-CR (Tex. App.—Austin Dec. 15, 2005). “See Tex. Fam. Code Ann. § 2.006 (West 1998). We will refer to her as Nuncio in order to distinguish between her and appellant.”
Wenceslao Fonseca v. State, No. 03-03-00480-CR (Tex. App.—Austin Dec. 15, 2005). “See Tex. Fam. Code Ann. § 2.006 (West 1998). We will refer to her as Nuncio in order to distinguish between her and appellant.”
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