SECTION 176.3. Verification of Age and Identity of Applicant for a Marriage License

(a) A county clerk must verify the age and identity and, if applicable, proof of the removal of disability of minority of an applicant who appears before the clerk through remote technology. The county clerk may do so by:

(1) examining via remote video an acceptable form of proof of age and identity specified in Section 2.005 of the Family Code and, if applicable, the court order described in Section 2.003 of the Family Code;

(2) examining an electronically transmitted copy of an acceptable form of proof of age and identity listed in Section 2.005 of the Family Code and, if applicable, the court order described in Section 2.003 of the Family Code;

(3) witnessing an oath by a notary who is in the applicant's presence verifying the authenticity of the applicant's proof of age and identity and, if applicable, a court order described in Section 2.003 of the Family Code; or

(4) collecting an affidavit of a notary swearing to the age, identity, and, if applicable, legal capacity of the applicant.

(b) A county clerk who has a reasonable basis to question the authenticity of any documentation offered to establish an applicant's age, identity, or legal capacity may decline to issue the license through remote technology.

Source Note: The provisions of this §176.3 adopted to be effective January 6, 2022, 46 TexReg 9236