Birth & Death Records
Who can request a certified copy of a birth certificate or a death certificate?
For births within the past 75 years and deaths within the past 25 years, only the immediate family members to the person whose name is on the birth certificate or death certificate are eligible to request a copy. All those with any other relationship to this person must provide legal documentation, such as a court order establishing guardianship. If you are the legal representative of a qualified applicant, send us a release which documents a direct and tangible interest in the record you are requesting.
Who is considered an immediate family member?
Any of the following relationships by blood or marriage are considered to be immediate family members: self, child, parent, brother, sister, and spouse.
How do I get a copy of the record if I am not an immediate family member?
You may present a written, notarized statement signed by an immediate family member along with a copy of a photo ID of that family member. The statement must give permission to release a certified copy of the certificate to you. You will be required to complete an application form and present your photo ID along with the notarized statement.
How can I order vital records from other states?
If you would like to request vital records from other states, visit the National Center for Health Statistics website for more information.
What will you accept as a valid ID?
A photocopy of the applicant's valid government-issued photo ID. The following are acceptable forms of ID:
- State-issued driver's license
- State/city/county ID card
- Student ID
- Government employment badge or card
- Prison ID
- Military ID
What if I don't have a photo ID?
If the applicant does not have a photo ID, another option is to present photocopies of two documents with the applicant's name, such as a utility bill, a recent paycheck stub, an employment or organizational ID, and a signed Social Security card. Applications received without photo ID or acceptable alternatives cannot be processed.
Why do I have to send a photo ID?
Birth certificates and death certificates are not open records. Access to birth certificates is restricted to qualified applicants for 75 years from the date of birth, and access to death certificates is restricted for 25 years from the date of death. An ID is required to prove your identity and to prove that you are a qualified applicant.
IT IS A THIRD DEGREE FELONY TO FALSELY OBTAIN, USE, OR ALTER ANOTHER PERSON'S CERTIFICATE OF BIRTH OR DEATH
COPIES CAN BE OBTAINED BY MAIL BY SUBMITTING THE FOLLOWING:
- COMPLETED NOTARIZED APPLICATION FOR A CERTIFIED COPY- [Go to Documents ]
- REQUIRED FEE (see application)
- COPY OF APPLICANT S DRIVERS LICENSE
Texas Health and Safety Code § 191.0031 as of September 1, 2015
Certifed copies by mail: The state registrar or a local registrar may not issue a cerfied copy of a record under this chapter to a person who has applied for the record by mail unless the person has provided notarized proof of identification in accordance with rules adopted by the Executive Commissioner of the Health and Human Services Commission. The rules may require the issuer of the certified copy to verify the notarization using the records of the Secretary of State under Section 406.012, Goverment Code.
MAIL TO: HAYS COUNTY CLERK
712 S STAGECOACH TRAIL STE. 2008
SAN MARCOS, TEXAS 78666
* ONLY A "QUALIFIED APPLICANT "CAN RECEIVE A CERTIFIED COPY *
Assumed Name Certificate
To start a business in the State of Texas, one needs to get an ASSUMED NAME CERTIFICATE. Commonly known as "doing business as / dba", most banks require an Assumed Name Certificate to open a business bank account. It is necessary to obtain an Assumed Name Certificate in every county where business will be conducted.
The filing fee for an assumed name in Hays County is $26.00 for one owner. If there is more than one owner, add 50¢ (50 cents) for each additional name listed.
An Assumed Name Certificate is good for ten (10) years from the date of filing unless a shorter period of time is specified on the certificate. The Clerk has no duty to notify a party of the expiration of a certificate, therefore, it is the owners responsibility to make sure a new certificate is filed timely.
If the business closes it is necessary to file an ABANDONMENT OF ASSUMED NAME. A WITHDRAWAL FROM AN ASSUMED NAME is filed if one or more partners in the business wishes to withdraw. The same fees apply as filing an assumed name certificate.
Your original form(s) and check will need to be mailed into the County Clerk's office at the following address:
Hays County Clerk
712 S. Stagecoach Trail Ste. 2008
San Marcos, TX 78666
Forms can be downloaded from the "Documents" page.
Marks & Brands
Brands/Marks - Agriculture Code
Each person who owns cattle, hogs, sheep, or goats shall record that person's earmarks, brands, tattoos, and electronic devices with the County Clerk of the county in which the animals are located. [Agriculture Code 144.041] Marks and Brands must be re-recorded every ten years after August 30, 1981.
Application/Registration Form is available on "Documents" page
Marriage License Information
The following are the procedures for obtaining a Marriage License in Hays County:
Both Applicants should appear at the Government Center, 712 S. Stagecoach Trail, Ste. 2008 in San Marcos, Texas. Office hours are 8:00 A.M. to 4:30 P.M., however, it takes approximately 10-15 minutes to prepare the paperwork, therefore, we ask that you come in no later than 4:00 P.M.
We do have a Kyle Substation located in the Kyle Precinct 2 Building (inside the Commissioners office) 5458 FM 2770 Kyle, Texas 78640. That office closes for lunch from 12-1 daily.
Each Applicant will need proper government issued identification such as a Driver License, Certified Copy of Birth Certificate (not a hospital record), or a Passport with Visa (unless the Country is a part of the Visa Waiver Program) and their Social Security Number.
The Fee for the License is $82.00 "Cash or Credit Card only". The Marriage License is good for 90 days from the date it is issued and there is a 72 hour waiting period from date of issuance. If you present a "Premarital Education Course Certificate" - only through the TWOGETHER IN TEXAS PROGRAM approved by the State - the fee will be $22.00 and the 72 hour waiting period is waived. You must present a copy of the Twogether in Texas Certificate at the time of purchase so the Clerk can waive down the fee to $22.00.
All fees are waived if you are a member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone. You will need to provide documentation of your deployment.
If an Applicant is 16 - 17 years of age, a Parent or Legal Guardian must sign a "Parental Consent to Marriage" form [must present proper identification such as a Driver's License]. If the Natural Parents are divorced, the parent given custody must sign the consent form and bring with them the custody papers.
Absent Applicants: If one of the Applicants is unable to appear at the Clerks office, you may submit an "Affidavit of Absent Applicant" for that person when purchasing the Marraige License. The "Affidavit of Absent Applicant" needs to be signed and notarzied by the Absent Applicant before purchasing a Marriage License. The person who is the Absent Applicant needs to appear at the Ceremony.
Proxy Marriage: The only persons who can appoint a person to act as a proxy for the purpose of participating in the ceremony are members of the armed forces of the United States stationed in another country in support of combat or another military operation and they are unable to attend the ceremony. House Bill 869 effective 9-1-2013
If an Applicant is divorced, there is a 30 day waiting period after the divorce decree before they can marry another person. If this waiting period is waived in your divorce decree you will need to produce a copy of the decree. If Applicants are remarrying each other, there is no waiting period.
If you have any questions, please call 512-393-7738
For information regarding FREE Marriage & Relationship Workshops
issuing the State Approved "Premarital Education Course Certificate"
visit the TWOGETHER IN TEXAS WEBSITES at: