The RECORDS DIVISION is where official public records are filed such as deeds, deeds of trust, and liens, etc., and where marriage licenses, birth, and death certificates are issued. Commissioners Court records are also retained in the Records Division
EFFECTIVE: Tuesday, March 24, 2020, all office locations will be closed to the public and we will no longer assist customers in office. We will have staff on hand to continue to assist customers by processing E-file, E-Record, phones, emails and mail. Plats can be dropped off for recording at Main office in San Marcos Monday – Friday at 9:00 am daily. Call ahead at 512-393-7330 to set an appointment. Plats can be picked up next business day.
We will begin issuing Marriage Licenses on May 18, 2020 by appointment only with the following guidelines:
- Both applicants must complete the online application prior to their appointment: https://erss.co.hays.tx.us/web/.
- Face masks must be worn the entire time in the office.
- Only applicants are allowed in the lobby; no one else, including children, are allowed.
- No same-day appointments.
Credit Card Payment Option
We are now accepting MASTERCARD & VISA credit card payments for services in our office and online. If you are paying online, you will need to contact our office by telephone at 512-393-7738 to let us know you are making a payment or to get a quote on cost for services.
Then you will go to www.certifiedpayments.net and enter BUREAU CODE 6230101 for the Courts Division and BUREAU CODE 5925183 for the Property Records Division.
FELONY criminal cases are filed in the District Clerk’s office – contact that office for payment options 512-393-7660.
PLEASE NOTE: There is a convenience fee added to the payment for this service.
For questions, please contact the Courts Division using the following information:
Hays County Government Center, Suite 2008
712 South Stagecoach Trail
San Marcos, Texas 78666
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 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
Assumed Name Certificate
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.
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
Marks & Brands
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
EFFECTIVE: Tuesday, March 24, 2020, all office locations will be closed to the public and we will no longer assist customers in office. We will have staff on hand to continue to assist customers by processing E-file, E-Record, phones, emails and mail.
The only exception for in office visits will be to issue Emergency Marriage Licenses. Examples include:
- Applicant is a member of the armed forces of the United States and on active duty. Military ID must be shown to the person who performs the marriage ceremony.
- Critical illness or death
- Pregnancy related issues
This will be done by appointment only which can be set by calling our main office line at 512-393-7330. If you are given an appointment, we ask that you please do not bring children or anyone under the age of 18. These appointments will be restricted to only the party or parties involved.
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 three Substations:
- Kyle Substation located in the Kyle Precinct 2 Building (inside the Commissioners office) 5458 FM 2770 Kyle, Texas 78640.
- Dripping Springs Substation located at 195 Roger Hanks Parkway Dripping Springs, TX 78620.
- Wimberley Substation is located at 200 Stillwater, Ste. 101 Wimberley, Texas 78676
Substation office’s close for lunch from 12-1 daily. Substations accepts only debit/credit cards for payment.
Each Applicant will need proper government issued identification such as a Driver 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 Identification requirements please call our office.
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.
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: