Relating to the confidentiality of certain information on a declaration of informal marriage.
Summary
HB 1193 amends Texas law governing declarations of informal marriage, also known as common-law marriage, to allow parties to request confidentiality for personally identifying information on the declaration form. The bill adds a new checkbox to the declaration form asking whether the parties want the identifying information kept confidential, while preserving the names of the parties on the record.
If that box is checked, county clerks may not publicly publish the parties’ personally identifying information other than their names, and may not release copies of the declaration containing that information to anyone other than a party to the declaration or that party’s legal representative. The bill also directs the state vital statistics unit to withhold personally identifying information from marriage records tied to a confidential informal marriage declaration, again allowing disclosure only to the parties or their legal representatives.
Impact
The bill amends Section 2.402 of the Family Code and Section 194.004 of the Health and Safety Code, creating a confidentiality option for certain information in informal marriage declarations and related vital records. It changes county clerk and vital statistics unit disclosure practices by limiting access to sensitive personal data when the confidentiality box is selected, while leaving the underlying marriage record and party names available. The changes apply only to declarations executed on or after September 1, 2025; earlier declarations remain governed by prior law.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House by a large margin and the Senate unanimously, suggesting general agreement that parties to an informal marriage should have an option to protect sensitive identifying information. The available record shows no committee transcript debate, and the voting history indicates strong bipartisan or near-universal approval.
Contention
The main policy issue is the balance between privacy and public access to marriage-related records. Supporters likely viewed the bill as a modest privacy protection for individuals using informal marriage declarations, especially given the sensitive personal data collected on the form. Any potential concern would come from record-access or transparency interests, since the bill restricts public release of identifying information and limits who may obtain complete copies of the declaration. However, the voting record suggests little organized opposition.