Sec. 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) notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter;

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

(3) if required because the absent applicant is a person under 18 years of age, documents establishing that a prior marriage has been dissolved, a court order authorizing the marriage of the absent, underage applicant, or documents establishing consent by a parent or a person who has legal authority to consent to the marriage, including:

(A) proof of identity of the parent or person with legal authority to consent to the marriage under Section 2.005(b); and

(B) proof that the parent or person has the legal authority to consent to the marriage for the applicant under rules adopted under Section 2.102(j).

(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, Sec. 1, eff. April 17, 1997. Amended by: Acts 2005, 79th Leg., Ch. 947 , Sec. 1, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 978 , Sec. 3, eff. September 1, 2009.