SECTION 176.2. Voluntary Certification for Remote Issuance of Marriage Licenses

(a) A county clerk may apply for certification from the Office of Court Administration to use remote technology to receive applications for marriage licenses from, and to issue marriage licenses to, persons who are not in the county clerk's presence.

(b) The Office of Court Administration must certify a county clerk to issue marriage licenses remotely upon determining the county clerk:

(1) has posted in a prominent location on its website:

(A) contact information for scheduling a meeting through remote technology to apply for a marriage license;

(B) a copy of the marriage license application form required by Section 2.004 of the Family Code; and

(C) a list of the acceptable forms of proof of an applicant's identity and age as specified in Section 2.005 of the Family Code; and

(2) has access to:

(A) remote technology, such as a video teleconferencing system or other service that provides simultaneous, compressed full motion video and interactive communication of image and sound between the clerk, the applicant, any adult who appears on behalf of an absent applicant in accordance with Section 2.006 of the Family Code, and any other person necessary to process the application; and

(B) a method of electronically sending and receiving documents.

(c) A person who appears before a certified county clerk through remote technology fulfills the requirement of Section 2.002(1) of the Family Code.

Source Note: The provisions of this §176.2 adopted to be effective January 6, 2022, 46 TexReg 9236