Previously, Texas law allowed prisoners to marry by proxy, a process that allows an appointed person to stand in for the absent applicant at the ceremony. Section 2.203 of the Texas Family Code was amended in 2013, an now proxy marriages are only available to active-duty military members stationed in another country.
The County Clerk may not issue a Marriage License for which both applicants are absent unless both applicants are a member of the armed forces of the United States stationed in another country in support of combat or another military operation.
A person may agree to marriage by the appearance of a proxy appointed in the affidavit authorized by Sub-chapter A if the person is:
• A member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
• Unable to attend the ceremony
For those wishing to formally marry someone who is currently incarcerated with the Texas Department of Criminal Justice (TDCJ), a wedding ceremony will need to be conducted on the TDCJ property.
An Absentee Affidavit is to be completed if an applicant is unable to
appear personally before the County Clerk to apply for a Marriage
License.
Absentee Affidavit and Instructions