FAQs

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 proper identification and also 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 (the applicant)  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 are acceptable forms of Identification?

A photocopy of the applicant’s valid government-issued photo ID. The following are acceptable forms of ID:

Driver’s License

Federal or State Identification card

Federal, State or City law enforcement employment identification card, or employee badge accompanied by employment identification card

Offender Identification Card issued by the Department of Criminal Justice correctional facility or institution

Military Identification Card

For more information on what forms of Identification you can present to us please take a look at Texas Administrative Code: Rule §181.28(i) (10)-Primary Identification

Order Certified Copies of Birth & Death Certificated by Mail

COMPLETED NOTARIZED APPLICATION FOR A CERTIFIED COPY- [Go to Documents ]

REQUIRED FEE- (see application)

COPY OF APPLICANTS DRIVERS LICENSE

MAIL PAYMENT (CHECK OR MONEY ORDER) AND ALL COMPLETED NOTARIZED FORMS TO OUR ADDRESS BELOW:

Hays County Clerk

712 S. Stagecoach Trail Ste. 2008

San Marcos, TX 78666

Texas Health and Safety Code § 191.0031 as of September 1, 2015

Certifed copies for Birth or Death Certificates 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.

* ONLY A “QUALIFIED APPLICANT “CAN RECEIVE A CERTIFIED COPY *

IT IS A THIRD DEGREE FELONY TO FALSELY OBTAIN, USE, OR ALTER ANOTHER PERSON’S CERTIFICATE OF BIRTH OR DEATH

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 Hays County Clerk has no duty to notify a party of the expiration of a certificate, therefore, it is the owner's 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.

Mailing an Assumed Name into our office:

Your original completed and notarized form(s) will need to be mailed into the County Clerk’s office with a check or money order:

Hays County Clerk

712 S. Stagecoach Trail Ste. 2008

San Marcos, TX 78666

Forms can be downloaded from the “Documents” page

Please submit meeting notices before 3:30 pm by email or fax so they can be posted in a timely manner. If you submit after that time we will post the notice the next business day. The fee for posting the posting meeting notices is $3.00 per each one.

Fax: 512-393-7735

Call: 512-393-7735

Email: countyclerk@co.hays.tx.us

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

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 have three substations:  

The Kyle Substation is in the Precinct 2 Building (inside the Commissioner's office) located at 5458 FM 2770 Kyle, Texas 78640.

The Dripping Springs Substation is located at 195 Roger Hanks Parkway, Dripping Springs, Texas 78620.

Wimberley Substation is located at 200 Stillwater, Ste. 101 Wimberley, Texas 78676

Substation offices close for lunch from 12-1 daily. Substations accept only debit/credit cards for payment.

Each applicant will need proper government-issued identification such as a Driver's License, Certified Copy of Birth Certificate (not a hospital record), or a Valid Passport. For more information on proper identification please see Texas Family Code: 2.005.

If you have any questions about identification requirements, please call our office.

The Fee for the License is $81.00 “Cash or Credit Card only”. The Marriage License is good for 90 days from the date of issuance and there is a 72-hour waiting period from the 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 $21.00 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 reduce the fee to $21.00. 

Effective January 1, 2019, a $100 Out-of-State Applicant fee will be assessed if neither applicant can prove Texas residency.

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.

Absent Applicants: If one of the Applicants is unable to appear at the Clerk's office, you may submit an “Affidavit of Absent Applicant” for that person when purchasing the Marriage License. The “Affidavit of Absent Applicant” needs to be signed and notarized 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 to participate 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. See 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 website.