(a) The Vital Statistics Unit shall furnish application
forms for a marriage license to each county clerk in the format as
prescribed by the State Registrar.
(b) The application form shall contain at a minimum
the items and information prescribed in the Texas Family Code, §2.004.
(c) When reproduced locally by the county clerk, the
form shall be identical in content, format, and size as prescribed
by the Vital Statistics Unit.
(d) Although the Vital Statistics Unit is the custodian
of marriage applications in the State of Texas, the county of record
is the custodian of all marriage licenses it registers. Therefore,
any amendment to the marriage license will be reflected at the county,
and not at the state level.
(e) To amend the marriage license, both parties are
responsible for executing a notarized affidavit stating the error.
(f) The affidavit to amend the marriage license must
contain:
(1) the full names of applicants, including the maiden
surname of the female applicant;
(2) the date on which the marriage occurred;
(3) a statement identifying the error to be corrected;
and
(4) the corrected statement.
(g) Upon receipt of the notarized affidavit, the county
clerk shall file it as an amendment to the marriage license.
(h) The affidavit is considered part of the marriage
license.
(i) The county clerk shall include a copy of the affidavit
with any future certified copy of the marriage license issued by the
clerk.
Source Note: The provisions of this §181.25 adopted to be effective November 19, 1991, 16 TexReg 6297; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective August 11, 2013, 38 TexReg 4896